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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Martin Schauer, Magdalena Gruber Article 4 Transactions between undertakings and public authorities S. 1334-1338

„… Transactions between undertakings and public authorities 1. Member States shall ensure that, in commercial …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 V. Payment term for public authorities …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 VII. Extension of payment term for certain public authorities …”

Wolf Müller-Rostin Article 16 Formalities of Customs, Police or Other Public Authorities S. 1198

„… Public Authorities 1. The consignor must furnish such information and such documents as are necessary to …” „… meet the formalities of customs, police and any other public authorities before the cargo can be …” „… certain public authorities prior to the delivery of the cargo to the consignee in order to avoid official …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… between undertakings or between undertakings and public authorities which lead to the delivery of goods or …” „… ’ instead of ‘public authorities’; the terms nonetheless have to be understood synonymically and cover the …” „… authorities, bodies governed by public law, associations formed by one or several such authorities or one or …”

Martin Schauer, Magdalena Gruber Article 1 Subject matter and scope S. 1307-1310

„… , public authorities were not bound by it. The Recast Directive therefore attempts to tackle the issues and …” „… deadline for payment periods for public authorities.20 Article 1 Subject matter and scope 1. The aim of …” „… contracts with public authorities, e.g. the design and execution of public works and building and civil …”

Stefan Kröll Article 36 Force Majeure S. 1496-1497

„… clear to what it extent it also covers failures to pay due to decisions of public authorities such as …” „… exclude such orders by public authorities from the ambit of Article 36. The wording would cover them and …” „… of business” obviously covers the closure of the bank for the public. Also, other interruptions of …”

Martin Schauer, Magdalena Gruber Article 11 Report S. 1357

„… experienced difficulties with timely payment among public authorities (see → Art 3 no. 3 et seq.). The report …” „… among national authorities as well as companies and the establishment of the issue on the political …” „… reports and publish information on average payment periods in both the public and private sectors of the …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… regard, it has to be borne in mind that contracts with public authorities entail a certain disequilibrium …” „… payment of other business partners or public authorities cannot be used as a justification for late …” „… ) for contrects between undertakings and public authorities. 50 Directive 2000/35/EC. 51 Oelsner, GPR …”

Martin Schauer, Magdalena Gruber Article 10 Recovery procedures for unchallenged claims S. 1353-1356

„… public authorities situated in the European Union and ensures that no discriminatory treatment or …” „… creditors against state authorities and non-economic public bodies within a time period of 120 days of the …”

Christoph Brunner, Michael Schifferli Article 41 CISG S. 214-219

„… views exist on whether encumbrances placed on the use of goods by public authorities fall under → Art …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Public law encumbrances …” „… breach is healed the moment the full purchase price has been paid.21 Public law encumbrances Different …”

Wolf Müller-Rostin Article 17 Death and Injury of Passengers – Damage to Baggage S. 1198-1205

„… Public Authorities 1. The consignor must furnish such information and such documents as are necessary to …” „… meet the formalities of customs, police and any other public authorities before the cargo can be …” „… certain public authorities prior to the delivery of the cargo to the consignee in order to avoid official …”

Gilles Cuniberti Article 39 Rights having priority without registration S. 1400-1401

„… provider of public services to arrest or detain an object under the laws of that State for payment of …” „… , acceptance, approval or accession. Specific Bibliography: Rosen, ‘Public service and the Cape Town Convention …” „… security authorities, are granted high priority, including over consensual interests. Should non consensual …”

Wolf Müller-Rostin Article 5 Contents of Air Waybill or Cargo Receipt S. 1191

„… consignor may be required, if necessary, to meet the formalities of customs, police and similar public …” „… authorities to deliver a document indicating the nature of the cargo. This provision creates for the carrier …”

Wolf Müller-Rostin Article 6 Document Relating to the Nature of the Cargo S. 1191

„… consignor may be required, if necessary, to meet the formalities of customs, police and similar public …” „… authorities to deliver a document indicating the nature of the cargo. This provision creates for the carrier …”

Martin Schauer, Magdalena Gruber Introduction Introduction Dir. 2011/7/EU S. 1305-1306

„… transactions and to improve payment periods for public procurement contracts.7 This recommendation prompted a …” „… transactions still posed a severe problem in the European Union. Additionally, long payment periods by public …” „… authorities in some Member States hindered the proper functioning of the European Single Market.16 Following …”

Eckart J. Brödermann Article 7.2.4 (Judicial penalty) S. 653-654

„… defects in title, or obtaining a public permission (Art. 6.1.14).15 B. Restitution Depending on the …” „… . Tactical Considerations (Para. 2 Sentence 1) In some jurisdictions it is often regarded against public …” „… by the local tax authorities. A court (→ Art. 1.11 1st hyphen) – or an 1 Article L131-1 to L131-4 …”

Erik Evtimov, Tatyana Payosova Article 17 Delivery S. 1148-1149

„… customs or octroi authorities at their premises or warehouses, when these are not subject to the carrier’s …” „… public warehouse. Under normal circumstances, the delivery of the goods takes place in accordance with …”

Erik Evtimov, Tetyana Payosova Introduction S. 1076-1083

„… Encyclopaedia of Public International Law (March 2009); Josef Wick, Das Internationale Eisenbahnfrachtrecht nach …” „… interests of members to authorities and other associations Shortly after the Convention concerning the …” „… cars, public transport, maritime transport). CER – Community of European railways and infrastructure …”

Martin Schauer, Magdalena Gruber Article 12 Transposition S. 1358-1360

„… from Italy due to excessively late payment by public authorities; a letter of 12 ECJ 1 June 2017, C …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 6.1.13 615 Application for public permission …”

Peter Mankowski Introduction S. 1-8

„… implemented by public authorities. But a pragmatic (if not to say: realistic) approach to the legal framework …” „… , ‘The New Lex Mercatoria and Transnational Governance’, Journal of European Public Policy 13 (2006) 627 …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… official matters related to customs and information of official authorities.68 Import clearance relates to …” „… official charges, etc.). Transit clearance means all formalities with official authorities needed for the …” „… authorities of the country of export. Comment. I. Checking operations. The seller must take all actions …”

doi.org/10.5771/9783845276564

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (ed.), Halvard Haukeland Fredriksen (ed.), Hans Petter Graver (ed.), Ola Mestad (ed.), Christoph Vedder (ed.)

Agreement on the European Economic Area

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Jóhanna Jónsdóttir Article 83 [Exchange of information between public authorities] S. 770-771

„… authorities] Where cooperation takes the form of an exchange of information between public authorities, the …” „… information between public authorities. For example, as of 2016, the EFTA States have participated in the EU …” „… between public authorities they could potentially rely on Art. 83 to rectify the situation. Article 84 …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… authorities in other Member States.4 Without public procurement rules there is a risk 1 Indeed, Arts. 199(4 …” „… procurement of goods, services and works above certain thresholds by public authorities, as well as public and …” „… authorities or entities in the fields of defence and security. Article 65(1) Public procurement Hammersvik 613 …”

Martin Hennig Article 49 [State aid in the transport sector] S. 518-521

„… failures justify the intervention of public authorities. In this regard, the Commission refers to major …” „… public authorities in this regard. Inter alia; (1) According to Art. 3 of the PSO-regulation, public …” „… authorities must grant aid for the discharge of public service obligations within the framework of a “public …”

Ronny Gjendemsjø Article 58 [Cooperation between the ESA and the Commission] S. 566-568

„… authorities are free to consider public interests. Article 59 [Public undertakings, services of general …” „… authorities shall cooperate in accordance with the provisions set out in Protocols 23 and 24. I. Introduction …” „… not mention ESA and the Commission explicitly. Instead it refers to the competent authorities. However …”

Christian Jordal, Gjermund Mathisen Article 64 [Dispute resolution] S. 609-612

„… authorities in other Member States.4 Without public procurement rules there is a risk 1 Indeed, Arts. 199(4 …” „… by the end of 2017. Article 64 [Dispute resolution] 1. If one of the surveillance authorities …” „… distortion of competition within the EEA. Such situations may arise if the two surveillance authorities …”

Christian Jordal, Gjermund Mathisen Article 61 [Prohibition of state aid, exemptions] S. 585-598

„… on behalf of the public authorities by a private entity.11 An entity does not constitute an …” „… control of public authorities.26 What is more, the resources of purely private entities constitute state …” „… public undertaking. Under those circumstances, the involvement of public authorities in the decision to …”

Jóhanna Jónsdóttir Article 82 [EFTA States’ financial contributions] S. 767-770

„… authorities] Where cooperation takes the form of an exchange of information between public authorities, the …” „… information between public authorities. For example, as of 2016, the EFTA States have participated in the EU …” „… for participation in the executive agencies. Article 83 [Exchange of information between public …”

Ólafur Jóhannes Einarsson Article 36 [Freedom to provide services] S. 450-470

„… to national authorities. It was emphasised that public interest justifications were available on the …” „… purse, the authorities of that State cannot invoke public order concerns relating to the need to reduce …” „… allow for more effective control by the public authorities and would better accommodate legitimate …”

Christian Jordal, Gjermund Mathisen Article 63 [Specific provisions on State aid] S. 605-609

„… Directive The Transparency Directive requires transparency in financial relations between public authorities …” „… and public undertakings, i.e. undertakings over which the public authorities may exercise a dominant …” „… homogeneity, requiring that the two surveillance authorities cooperate with a view to ensuring uniform …”

Ólafur Jóhannes Einarsson Article 33 [Exemptions] S. 423-434

„… gaming machines subject to effective control by the competent public authorities will tend to accommodate …” „… carried out to serve the public interest.15 Article 33 [Exemptions] The provisions of this Chapter and …” „… public policy, public security or public health. I. Comparison with Art. 51 TFEU Art. 33 reproduces the …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… example national public authorities or courts in the EFTA States could request documents from the …” „… the EFTA Court,34 and for their national public authorities – both administrative and judicial – to …” „… the specific duties imposed could rightly be viewed as mere expressions of the public international …”

Jonas W. Myhre Article 16 [State monopolies of a commercial character] S. 323-335

„… authorities as a national import monopoly for electricity intended for public distribution. The ECJ firstly …” „… through which the competent authorities of the Contracting parties, in law or in fact, either directly or …” „… nature as instruments for the pursuit of public interest aims with the requirements of the establishment …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… supervisory authorities and of the EEA Agreement. However, the agreement reached at the EFTA ECOFIN meeting …” „… massive capital investment from both public and private sources in order to develop efficient transport …” „… the transport sector are part of the explanation as to why national authorities in many countries have …”

Fredrik Bøckman Finstad Norway and the EEA S. 59-80

„… directly before the EU judicial bodies and all the EU Members States’ public authorities and courts. In the …” „… economic operators based within the EEA with full legal force directly before the public authorities and …” „… Norwegian authorities, including the courts of law. This general report gives an overview of the legal …”

Henrik Bull Article 40 [Free movement of capital] S. 473-488

„… . 4 of the Directive, but with the addition of measures which are justified on grounds of public …” „… policy or public security. As Art. 4 of the Directive is open-ended with regard to the general interest …” „… objectives that may be pursued, the addition of public policy and public security to Art. 65 TFEU has no real …”

Martin Hennig Article 50 [Prohibition of discriminatory rates or conditions for carriage of goods] S. 521-522

„… authorities, Art. 50(1) applies to all carriers of goods, comprising both public and private actors. The wide …” „… to transport undertakings, which must supply national public authorities with all relevant …” „… , unlike the general provisions on the free movement of goods, which are principally directed at public …”

Thomas Chr. Poulsen Article 42 [Protocols and Annexes as integral part of the SCA] S. 1051-1056

„… taken not only in regards to a decision by ESA, but also decisions by national authorities. A potential …” „… measure could be to oblige national authorities to stop further payments under a national system which is …” „… public procurement is within ESA’s discretion.8 Protocol 3 sets out detailed rules on the functions and …”

Martin Hennig Article 48 [Non-discriminatory application of national rules] S. 517-518

„… problems. On more than one occasion, Norwegian authorities have refused to implement EU acts which apply to …” „… Norwegian authorities, an EU act may only be EEA relevant if it falls inside the geographical scope of the …” „… waters.63 Thus, due to reluctance of Norwegian authorities to relinquish sovereignty over its exclusive …”

Finn Arnesen Article 126 [Territorial application of the EEA Agreement] S. 945-953

„… working group which shall assess these and other questions concerning a level playing field between public …” „… on the Åland Islands without permission by the competent authorities of the Islands; ii) restrictions …” „… regional citizenship in Åland, or by any legal person, without permission by the competent authorities of …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… , or local government authorities, public enterprises and any other organisation by means of which a …” „… public procurement markets in the EFTA States, and providing for the appropriate protection of …” „… trade between the Member States; (f) to open the public procurement markets of the Member States; (g) to …”

Gunnar Thor Pétursson Article 13 [Exemptions] S. 301-311

„… reference of the Belgian authorities to consumer protection interests (even if these were …” „… principle of free movement.8 The ECJ assessed the restrictive measures under the ‘overriding public …” „… prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality …”

Dora Sif Tynes Article 110 [Enforceability of decisions of the ESA and the Commission and of judgments of the EFTA Court and the EU Courts] Einarsson/FredriksenEnforceability of decisions and judgements S. 860-865

„… , they have been given to the national authorities of the EFTA States.3 Iceland and Norway have insisted …” „… vested in national authorities. Thus, ESA’s power to fine private parties from the EFTA States for …” „… provision states that judgments and decisions by foreign courts or administrative authorities are …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 74 [Protective measures] S. 721-737

„… allocation by public authorities on environmental matters, and Council Recommendation 79/3/EEC regarding …” „… certain public and private projects on the environment, as amended by Dir. 2014/52/EU Art. 4 (2), cf …” „… development34 of overriding public interest.35 The ECJ stated in Case C-346/14 Commission v Austria that the …”

Per Andreas Bjørgan Article 22 [Monitoring the application of the EEA Agreement and the SCA] S. 1007-1009

„… , public procurement, state aid and competition. Article 22 [Monitoring the application of the EEA …” „… authorities shall cooperate closely in order to ensure uniform surveillance within the meaning of Art. 109 EEA …” „… regarding implementation of directives as Art. 7(b) EEA “leave to the authorities of the Contracting Parties …”

Per Christiansen Article 117 [Provisions governing the EEA financial mechanism] S. 894-904

„… to identify in the public domain the EFTA contributions. The EIB managed the contributions on behalf …” „… administrative or public service capacities of local government or its institutions as well as the democratic …” „… authorities. This was considered a relevant criterion since beneficiary NGOs may legitimately be critical to …”

Christian Jordal, Gjermund Mathisen Article 62 [Review of State aid through the ESA and the Commission] S. 598-605

„… homogeneity in the two surveillance authorities’ surveillance in the field of state aid (Art. 62(2)). Based on …” „… requests for information made to sources other than the competent national authorities (Art. 7 and 8 of the …” „… shall as a rule require recovery of the aid from the beneficiary (Art. 14). The national authorities are …”

Henrik Bull Article 42 [Circumvention of capital movements liberalization] S. 489-490

„… an EFTA State or its regional or local authorities shall not be issued or placed in other EC Member …” „… loans by one EEA State or its local authorities in the market of another EEA State without that State’s …” „… Monetary Union (the 2012 Fiscal Compact) requires the Contracting Parties to report ex-ante on their public …”

Peter-Christian Müller-Graff Article 77 [Provisions on company law] S. 742-751

„… an example, the proposals of the Commission for a directive concerning the structure of public …” „… to Dir. 2012/30/EU (as amended) which contains rules in respect of the formation of public limited …” „… . 3(1) and (2) of Dir. 68/151/EEC or a register kept by the company and accessible to the public). 2. 3 …”

Index S. 1125-1141

„… 102 24 Adjustment II 128 13 Advantage II 61 26 ff. Advertising of public contracts II 65(1) 19 …” „… policy II 14 6 Altmark II 61 33 ff., 63 12 Amendment – Art. 48 TEU II 118 3 – of public contracts II …” „… public contracts II 65(1) 30, 65 Backlog II 102 33 Beer II 14 6 Bilateral agreements I CH 1, 13, 14 …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… concentrations falling outside of the Commission’s jurisdiction, national authorities are free to consider public …” „… relevance as long as it stems from an act of the public authorities. 2 Cf. the seminal contribution of …” „… to consider public security, plurality of media and prudential rules in their assessments of mergers …”

Dora Sif Tynes Article 109 [The two-pillar surveillance system] S. 852-860

„… and the division of competence between the two surveillance authorities under Art. 109 seems, at least …” „… , the rights and obligations imposed upon Member States or their public entities, undertakings and …” „… . Cooperation between the surveillance authorities Art. 109 (2) lays down the duty of cooperation between ESA …”

Berte-Elen R. Konow Article 72 [Provisions on consumer protection] S. 691-713

„… (such as rules on Alternative Dispute Resolution and cooperation between national authorities for the …” „… protection by way of dispute resolution and cooperation between national authorities The third category of …” „… subject to public authorization. Complaint boards and mediation entities can apply for authorization and …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… may be several appropriate solutions for national authorities to remedy non-compliance with the …” „… ’ require the national authorities to terminate a contract or the national court to set aside award …” „… that procedural rules in other fields, like public procurement,22 are included in the agreement, and …”

Martin Hennig Article 51 [Prohibition of State aid in the form of favorable rates or conditions] S. 522-524

„… Art. 50(2), instructs that the competent authorities according to Part VI of the EEA Agreement …” „… cover for tariff fixing by semi-public regulatory bodies. Finally, it is noted that questions relating …” „… discrimination in Art. 14.2 Hence, the EEA Agreement ensures the removal of both public and private restrictions …”

Titelei/Inhaltsverzeichnis

„… ...............................Article 82 767 Exchange of information between public authorities ..........Article 83 770 Cooperation in …” „… environmental law, consumer protection, labour law, public procurement etc., and institutional questions revived …” „… ”, consisting of three separate authorities for the banking, insurance and securities sectors. In view of the …”

Marthe Kristine Fjeld Dystland, Ida Sørebø Article 7 [Binding effect and implementation of EU legal acts] S. 248-270

„… requirements of public interest to a higher degree than what the ECJ has been prepared to do.285 This means …” „… that the EFTA States have less room of manoeuvre to protect public interests than the EU Member States …” „… Parties; b) an act corresponding to an EEC directive shall leave to the authorities of the Contracting …”

Per Christiansen Article 46 [Exchange of views and information] S. 497-500

„… Monetary Union in particular requires balanced public budgets and Member States to avoid excessive deficits …” „… and to limit the public debt. EU law in general may also restrict Member States’ competence in …” „… incorporation into the EEA Agreement of the EU regulations on establishing European supervisory authorities for …”

Henrik Bull Article 41 [Free movement of payments] S. 488-489

„… financing of an EC Member State or an EFTA State or its regional or local authorities shall not be issued or …” „… . 42 (2) prohibits the raising of loans by one EEA State or its local authorities in the market of …” „… report ex-ante on their public debt issuance plans to the Council of the European Union 1 Martin Seidel …”

Ólafur Jóhannes Einarsson Article 30 [Recognition of diplomas, certificates] S. 391-400

„… qualification may choose to apply for such a card. The home State authorities are then under an obligation to …” „… practise medicine in Norway. However, the Norwegian authorities refused to grant her a licence as they …” „… , which may be laid down by the authorities of the State, provided that these are objectively justified …”

Martin Hennig Article 14 [Internal taxation: No fiscal discrimination of imported goods] S. 311-322

„… question, regardless of the categorisation of port operators as private bodies or public authorities under …” „… . This enables national authorities to decide which products to tax, the methods for calculating taxes …” „… granted special or exclusive rights by Icelandic authorities.33 Bearing this in mind, the EFTA Court …”

Henrik Bull Article 21 [Border controls and cooperation in customs‑related matters] S. 341-349

„… authorities of other Contracting Parties certifying that the goods comply with legal requirements of the …” „… the competent authorities of the Contracting Parties, for instance with regard to the harmonization of …” „… for ensuring that customs legislation is correctly applied. The competent authorities may also ask for …”

Peter-Christian Müller-Graff Article 34 [Right of establishment for companies] S. 434-450

„… failure to sign up to the Lugano Convention can have an effect on the assessment of public interest …” „… , including cooperative societies, and other legal persons governed by public or private law, save for those …” „… cooperative societies, and other legal persons governed by public or private law, save for those which are …”

Dora Sif Tynes Article 108 [The ESA and the EFTA Court: Establishment and competences] S. 840-852

„… the surveillance authorities, as further described below. The practical implication of this provision …” „… number of related areas such as food safety, transport, public procurement, environment, energy and most …” „… under Art. 5 SCA. The emergence of various Agencies or other Supervisory Authorities in the EU Pillar …”

Per Andreas Bjørgan Article 23 [Monitoring within the field of public procurement law] S. 1009-1011

„… procurement rules, applies in the EFTA States. The acts regulate public authorities’ and certain public …” „… EFTA Court. Article 23 [Monitoring within the field of public procurement law] The EFTA Surveillance …” „… EEA public procurement rules. Art. 65(1) EEA refers to Annex XVI that contains the EU procurement acts …”

Gunnar Thor Pétursson Article 12 [Quantitative restrictions on exports and measures having equivalent effect] Quantitative restrictions on exports S. 299-301

„… maintained that the Belgian measures could be justified ‘by overriding requirements of public interest’,7 …” „… 300 Pétursson 2 3 4 5 6 reference of the Belgian authorities to consumer protection interests (even if …” „… ‘overriding public interests’ of consumer protection and prevention of fraud, even if finally not held to be …”

Ronny Gjendemsjø Article 53 [Agreements, decisions and concerted practices] S. 526-546

„… protecting different public interest, as a benefit that competition authorities are required to take into …” „… appeal judgment. See also Christopher Townley, Article 81 EC and Public Policy, (Hart Publishing, Oxford …” „… . 97.See also Giorgio Monti, ‘Article 81 EC and Public Policy’ (2002) CMLR 1057, p. 1061. 50 For …”

Per Andreas Bjørgan Introduction to Part III Article 22 Monitoring the application of the EEA Agreement S. 1007

„… , public procurement, state aid and competition. Article 22 [Monitoring the application of the EEA …” „… authorities shall cooperate closely in order to ensure uniform surveillance within the meaning of Art. 109 EEA …”

Thomas Chr. Poulsen Article 125 [The EEA Agreement and national systems of property ownership] S. 942-945

„… entails that public ownership of assets, or that certain industries or sectors of the economy are …” „… nationalised, is in itself not contrary to the Agreement. However, the way in which public ownership is …” „… Norwegian Industrial Licensing Act5 which provided that undertakings that are defined as “public …”

Thomas Chr. Poulsen Article 46 [Contractual and non-contractual liability of the ESA] S. 1066-1074

„… led to a breach of EEA law committed by national authorities, it is fair to assume that such actions …” „… national authorities before national courts.6 Moreover, it is fair to assume that, pursuant to Art. 33(1)(c …” „… , para. 51, and the case-law cited. 12 Ibid, para. 54. 13 See, in general, P. Aalto, Public Liability in …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… scope was limited to public authorities, as working conditions in the EEA States may be differently …” „… question provided firstly, that public undertakings were granted concessions for the acquisition of …” „… Norwegian public owners of hydropower resources. The Court stressed that this was particularly …”

Jóhanna Jónsdóttir Article 84 [Cooperation in specific fields] S. 771

„… between public authorities they could potentially rely on Art. 83 to rectify the situation. Article 84 …”

Per Andreas Bjørgan Article 21 [Annual report] S. 1006-1007

„… , public procurement, state aid and competition. Article 22 [Monitoring the application of the EEA …” „… authorities shall cooperate closely in order to ensure uniform surveillance within the meaning of Art. 109 EEA …”

Per Andreas Bjørgan Article 8 [Independence of the members] S. 993-995

„… lawyers, most with Foreign affairs and other public sector background. The first Norwegian College Member …” „… the seemingly neutral obligation on both surveillance authorities to ensure a homogeneous application …” „… appointments of former EU ambassadors or other high ranking public officials to serve as college members raise …”

Martin Hennig Article 52 [Charges for crossing the borders] S. 524-525

„… discrimination in Art. 14.2 Hence, the EEA Agreement ensures the removal of both public and private restrictions …” „… . 96 TFEU to rates and conditions imposed by Belgian authorities on cross-border taxi journeys. 7 …”

Finn Arnesen Article 17 [Veterinary and phytosanitary measures] S. 335-336

„… , animal welfare, public health, imports from third countries and control measures. The chapter on feeding …” „… between EU and Switzerland, and Swiss authorities monitor Liechtenstein under this agreement. It is also …”

Jóhanna Jónsdóttir Article 85 [Inclusion of pre-existing cooperation] S. 771-772

„… between public authorities they could potentially rely on Art. 83 to rectify the situation. Article 84 …”

Per Andreas Bjørgan Article 13 [Rules of procedure] S. 997-1002

„… . The meetings shall not be public and deliberations shall be and remain confidential (Art. 9). The …” „… public access to documents.3 Such rules were first adopted in 2008 and the rules were substantively …” „… similar to the rules on public access in Reg. 1049/2001 of the European Parliament and of the Council …”

Per Christiansen Article 35 [Jurisdiction to review penalties imposed by the ESA] S. 1040-1041

„… authorities.44 Article 35 [Jurisdiction to review penalties imposed by the ESA] The EFTA Court shall have …” „… . Proceedings before the Court are inter partes. With the exception of pleas concerning public policy matters …”

Henrik Bull Article 24 [Energy] S. 356-361

„… establishing and maintaining public ownership of hydropower resources. In this context, the Court made …” „… and others,20 at paras. 53-55. Here, the ECJ accepted that a goal of public ownership could justify a …” „… restriction on free movement only in so far the interests underlying the choice of rules on public or private …”

Christian Franklin Article 2 [Principle of loyalty] S. 978-980

„… undertakings; Protocol 23 concerning the cooperation between the surveillance authorities; Protocol …” „… Public Service Pension Act to bring it in line with the EFTA Court’s ruling in Case E-2/07, 30.10.2007 …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… annexes cover substantive and procedural rules in the fields of public procurement, state aid and …” „… from the authorities in the other Member State. Those directives have not been made part of the EEA …” „… obligations in the EEA Agreement. National authorities, including the courts, are therefore required to …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… , Liechtenstein’s public administration had to increase its resources. However, there was also an economic boost …” „… , (Tacis European Commission and European Institute of Public Administration, Brussels/Maastricht 1997 …” „… foundation of the strong public support of the EEA in Liechtenstein. To sum up, two lessons can be drawn from …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 75 [More stringent national measures] S. 737-740

„… includes Council Recommendation 75/436/EEC regarding cost allocation by public authorities on environmental …”

Jóhanna Jónsdóttir Article 81 [EFTA States’ participation in EU programmes] S. 763-767

„… like specifying the content of the programme, drafting texts for public calls for proposals, or …” „… regulatory competences as regards authorities, undertakings or individuals in the Member States. In general …”

Finn Arnesen, Halvard Haukeland Fredriksen Preamble S. 150-171

„… public international law perspective that withdrawal from the EU cannot automatically entail withdrawal …” „… Contracting Parties, subject to the provisions of this Agreement and the limitations set by public …” „… more than a confirmation of the general public international law principle of the sovereign equality of …”

Pål Wennerås Article 3 [Relevance of ECJ case law] S. 980-984

„… in the fields of public procurement, state aid and competition law. 1 Ibid, see also e.g. Case E-3/98 …” „… ESA and the EFTA Court. The underlying homogeneity objective nonetheless requires national authorities …”

Håvard Ormberg Article 123 [National security and trade in arms] S. 929-939

„… authorities or entities in the fields of defence and security. 6 See Trybus, Buying Defence and Security in …” „… Area 930 Ormberg 4 5 defence market, with negative consequences for the efficiency of public spending …” „… administration and the Norwegian Complaints Board for Public Procurement seems to be inconsistent and undecided …”

Gunnar Thor Pétursson Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports S. 289-299

„… could be derogated from, based on public policy, public security, public health and (for free movement …” „… Court, is also relevant here. The case concerned the Norwegian ban on the public display of tobacco …” „… justified on the basis of environmental protection and public health grounds, but the analysis of the …”

Ingvald Falch Article 4 [Non-discrimination on grounds of nationality] S. 196-209

„… enhanced version of the public international law principle of pacta sunt servanda. Given the many and …” „… national authorities, with fewer compulsive overarching elements (e.g. non-binding nature of Advisory …” „… carried out by a public entity is not economic in nature (under the State aid rules) if the essential …”

Ronny Gjendemsjø Article 54 [Abuse of a dominant position] S. 546-555

„… , 18.7.2006, Meca Medina, paras. 42-47. 118 Christopher Townley, Article 81 EC and Public Policy, (Hart …” „… Publishing, Oxford and Portland 2009), pp. 130-138; Giorgio Monti, ‘Article 81 EC and Public Policy’ (2002 …” „… an abuse. The Icelandic Competition Authorities found that the discount constituted an abuse. The …”

Karin Fløistad Article 29 [Social security for workers and self-employed persons] S. 385-391

„… assistance between Member States’ authorities in the field of direct taxation. 10 Case 270/80 Polydor. 11 See …” „… Cross-Border Access to Public Benefits (Oxford, Portland Oregon 2003), which also includes an analysis of the …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… employment. 3. It shall entail the right, subject to limitations justified on grounds of public policy …” „… , public security or public health: (a) to accept offers of employment actually made; (b) to move freely …” „… there. 4. The provisions of this Art. shall not apply to employment in the public service. 5. Annex V …”

Christoph Vedder The EEA in the Union’s Legal Order S. 101-124

„… the public procurement markets and the protection of intellectual property rights. The EEA in the …” „… international organisation under public international law with own institutions and decision-making mechanisms …” „… association agreement, the EU transfers competences to bodies set up by a treaty under public international …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… EEA); on transport (Part III, Chapter 6 – Art. 47 EEA), and on public procurement and intellectu- 7 …” „… agreement under public international law between the EFTA States only. Further still, the EEA Agreement’s …” „… economic operators. One prominent example is ESA’s Rules on public access to documents, which have been at …”

Introduction S. 1-13

„… for an agreement under public international law’.33 This is an accurate observation, as the EEA …” „… towards closer cooperation between national authorities of the Member States, to name only some of the …”

Margrét Einarsdóttir, Ragnhildur Helgadóttir Iceland and the EEA S. 13-35

„… President of Iceland jointly exercise legislative power. The President and other governmental authorities …” „… 5 6 The committee’s conclusions were disputed both in public and amongst experts, as other experts …” „… public and legal debate since at least the early 2000, that the EEA Agreement gives lead to …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 102 [Amendments of Annexes, incooperation of EEA-relevant EU legislation] S. 803-819

„… issued for internal use in the public administration. Although the detailed criteria are not public, the …” „… of the acts incorporated by the JCDs, however, are done by Icelandic and Norwegian authorities and …”

doi.org/10.5771/9783845275796

Ingrid Heidlmayr-Chegdaly - Technocratisation and Depoliticisation of Democracy Promotion and Development Aid

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Ingrid Heidlmayr-Chegdaly

Technocratisation and Depoliticisation of Democracy Promotion and Development Aid

2020

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Domestic recipient institutions: state actors and public authorities S. 152-212

„… are loyal to public authorities, external donors aim to support advocacy CSOs, which constitute a …” „… counter-productive. As the AfDB only supports civil society via state institutions, public authorities maintain …” „… technical capacities. Further, only Moroccan CSOs recognised by Moroccan public authorities or European …”

Good and democratic governance S. 47-56

„… structure, functioning and performance of public authorities/institutions at all levels. Governance is about …” „… implement policies (English & Mule 1996: 166). Definitions of governance cover various notions of public …” „… governance as "the exercise of political, economic and administrative power in the management of public …”

Domestic recipient organisations: non-state actors and civil society S. 127-152

„… ). Regarding to the external aids made to Morocco, external donors and domestic public authorities consider …” „… public authorities understand civil society as entities that provide semi-public services to strengthen …” „… authorities patronised most public associations and foundations, which started to operate as para-state …”

Conclusions S. 212-224

„… cannot be treated by budget support to public authorities, because they are too sensitive or delicate …” „… institutions, which favour of charitable associations that are loyal to the public authorities, external …” „… authorities maintain control over non-state actors' marge of manoeuvre in the public sphere. The EU's direct …”

Introduction S. 14-34

„… Pouvoirs Publics au Niveau Local (Promotion of Democratic Responsibility of Public Authorities on the …” „… concentrates on dialogue and concertation mechanisms between public authorities and the civil society. The …” „… accountability and responsibility of public authorities and elected representatives on the national and local …”

Institutional and political context in Morocco S. 100-113

„… enabled to reinforce certain economic structures but were also means for public authorities to present …” „… and the reform of the public administration, public authorities are not the main employers in the …” „… (Dillman 2002: 90), disposing of a public image as a modern reformer and inaugurator of socioeconomic …”

Political transformation and transition S. 34-47

„… considered as the "accountability of public authorities to the people" (Lavenex & Schimmelfennig 2011: 888 …” „… obligations to participate in public life and equal benefits of public goods and services for all citizens …” „… activism among public officials is the outcome of long-term socialisation and social learning among …”

Appendices S. 224-261

„… Politics and Social Sciences 15.05.2017 28 MA Ministry of Public Sector Modernisation Director for …” „… Public Sector Modernisation 18.05.2017 29 EU European External Action Service (EEAS) Director.Deputy …” „… 233 Appendix C: Interview guidelines Interview questions AfDB (public administration …”

Titelei/Inhaltsverzeichnis S. 1-13

„… promotion 152 10 9. Domestic recipient institutions: state actors and public authorities …” „… Ministère de la Réforme de l'Administration et de la Function Publique / Ministry of Public Administration …” „… countries PARAP Programme d’Appui à la Réforme de l’Administration Publique/Assistance Program to Public …”

Dimensions of democracy and governance promotion S. 67-100

„… socio-economic services in cooperation with the state and public authorities. Direct support to civil society …” „… the AfDB, supports 80 CSO only via public authorities, e. g. ministries and state agencies …” „… technical/mechanistic understanding of democracy refereeing to the procedures of public decision-making. The procedures …”

doi.org/10.5771/9783748907176

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Giancarlo Vilella

E-Democracy

2019

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IX. Digitalising public authorities: the case of the European Parliament S. 60-67

„… Digitalising public authorities: the case of the European Parliament Since 2012, the European …” „… online amendments – electronic signature (multi-purpose) IX. Digitalising public authorities: the case of …” „… implement a process of dig- IX. Digitalising public authorities: the case of the European Parliament 63 ital …”

IV. Innovation and the law S. 25-33

„… , although questionable, where the law allows authorities to get away with privacy intrusions based on …” „… websites have become the guardians of public morals. Finding a legal solution to the aggressive excesses …” „… disappear. Legal authorities, in particular the European Court of Justice, assists on a case-by-case basis …”

VIII. Digitalising administration (based on the Italian case) S. 55-59

„… the real crux of the matter lies in the digitalisation of public administration. That is where …” „… associated with public data. Carullo is a research fellow and lecturer at the University of Milan. After …” „… , Baden- Baden, 2018: the book analyses the innovation process of the public administration thanks to new …”

V. Innovation and security S. 34-40

„… “cyber-jihad”. This has of course increased public support for computer security defence and former US …” „… . Innovation and security 37 imposed by the surveillance authorities and announced that they would inform their …” „… to their authorities the personal data of passengers, in order to identify suspects, even if EU …”

Titelei/Inhaltsverzeichnis S. 1-8

„… semantic webVII. 50 Digitalising administration (based on the Italian case)VIII. 55 Digitalising public …” „… authorities: the case of the European Parliament IX. 60 Publications and access to documents in the era of …”

XIII. Introduction to E-Democracy S. 85-91

„… , i.e. citizens, political parties, social organisations and even the public administration that …” „… constitutes an essential nexus between citizens and public power. Each of these actors has at its disposal new …” „… more detailed searches. The digitisation of public activities makes the process more efficient, but …”

III. Democracy and technological asymmetry S. 18-24

„… another part, perhaps the majority, is completely illiterate. Then there are the public administrations …” „… individuals but also public services and companies. There is a criminal element that no longer uses …” „… top political importance because its objective is to ensure that democratic, public institutions, so a …”

XII. Innovation and the economy S. 78-84

„… on innovative investments. The same is true for public services offered by public administration …” „… authorities: new technologies have a vital role in their operation that has now become essential in order to …” „… : digitisation should be the most important step in reforming the public administration, its procedures, its …”

doi.org/10.5771/9783845296388

Hans-W. Micklitz, Thomas Roethe - Produktsicherheit und Marktüberwachung im Ostseeraum

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Hans-W. Micklitz, Thomas Roethe

Produktsicherheit und Marktüberwachung im Ostseeraum

Series: Schriftenreihe des Instituts für Europäisches Wirtschafts- und Verbraucherrecht e.V.

Volume 26 2008

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Finnland S. 93-115

„… spreading. In giving out a public warning of a dangerous product, the supervising authorities are acting …” „… the authoritiesThe CSA provides the product safety authorities with various supervision methods and …” „… ..................................................... 96 b) The Authorities supervising the field of product safety in Finland ........................ 97 …”

Dänemark S. 65-79

„… ) Requirements to be met Under Danish law the State, municipalities and other public authorities are as a main …” „… due to illegal intervention by public authorities in other areas of society, which cases are relevant …” „… impose liability on public authorities. In order to prove that the culpa rule has been violated it is not …”

Norwegen S. 149-171

„… , strictly speaking, these measures do not constitute public warnings through administrative authorities in …” „… of this report, the question of public warnings through administrative authorities, it follows from …” „… action Pursuant to section 6a of the Product Control Act, the authorities may issue a public warning only …”

Schweden S. 191-209

„… Swedish law regarding the supervising authorities’ duty to provide public warning information. Central for …” „… authorities, the duty to warn the public under the new PSA did not arise until 2004. Nevertheless, the answers …” „… answering authorities mentioned a special agency regulation to be followed when the public was about to be …”

Litauen S. 131-149

„… behalf of the public official. A liability of authorities in case of measures taken, which are in …” „… public warnings, the recall of unsafe products from the market and similar means to protect consumers at …” „… non-food sector, especially two authorities have competence to monitor the application of and the …”

Deutschland S. 43-65

„… national law as well. The powers of public authorities to warn are greater when it comes to products that …” „… liability of public authorities. From point of view of liability law, the new formulation of German product …” „… authorities from liability. On the other hand, this new tendency brings public authorities into the field of …”

Estland S. 79-93

„… risks involved.Most of the public notices on recalls of products made in Estonia involve either …” „… ..................................................... 96 b) The Authorities supervising the field of product safety in Finland ........................ 97 …” „… c) Powers and obligations of supervising authorities …”

Polen S. 171-191

„… “The supervisory body may notify the public of the decision referred to in paragraph 1 if it decides …” „… the public separate notification of the fact that the entry in the register of dangerous products has …” „… public”. 11 “Measures taken with regard to the product in question”. 12 “The type and the degree of the …”

doi.org/10.5771/9783845206943

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