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XXIV. FIDE-Kongress vom 3. bis 6. November 2010 in Madrid

Peter-Christian Müller-Graff (ed.), Jürgen Schwarze (ed.)

Series: Sonderheft Europarecht

Volume 2011

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Wolfgang Bosch The Judicial Application of European Competition Law S. 73-90

„… The Judicial Application of European Competition Law Von Wolfgang Bosch* Private Enforcement in …” „… 548/99); 74 EuR – Beiheft 1 – 2011 Bosch, The Judicial Application of European Competition Law § US …” „… lost by the claimants. Bosch, The Judicial Application of European Competition Law EuR – Beiheft 1 …”

Santiago Martínez Lage, Rafael Allendesalazar Questionnaire General Topic 2: The Judicial Application of European Competition Law S. 67-72

„… Questionnaire General Topic 2: The Judicial Application of European Competition Law1 General …” „… proposals that have been made to achieve this goal, I. 1 EC competition law includes the application of …” „… the following congresses: National application of competition law (Stockholm, 1998); Competition Law …”

Piet Jan Slot Questionnaire General Topic 3: Public Capital and Private Capital in the internal market. Securing a level playing field for public and private enterprises S. 91-98

„… the company laws of your Member State that were deemed to be imperiled by the EC company law …” „… law of the ECJ, the basic prohibitions have led to the elimination of many restrictions including …” „… .3 Q 1. Has the case law of the ECJ on free movement secured a level playing field for public and …”

Inhaltsverzeichnis S. 5-6

„… ............ 13 Questionnaire General Topic 2: The Judicial Application of European Competition Law . . . . 67 Dr …” „… . Wolfgang Bosch, Frankfurt/Main The Judicial Application of European Competition Law …” „… ............................................................................................... 3 Questionnaire General Topic 1: The European and National Parliaments .......................... 7 …”

Miroslaw Wyrzykowski Questionnaire General Topic 1: The European and National Parliaments S. 7-12

„… between the European parliament and the national parliament? 1.4 Is there a by-law regulation of the …” „… the Protocol on the Application of the Principles of Subsidiarity and Proportionality? Are the …” „… the parliament’s by-laws concerning enhanced participation of the political opposition in European …”

Titelei S. 1-2

„… Bundestag und Bundesrat in der Europäischen Union | The Judicial Application of European Competition Law …”

Jürgen Schwarze, Peter-Christian Müller-Graff Vorwort S. 3-4

„… Bundestag und Bundesrat in der Europäischen Union“ (Christine Mellein), „The Judicial Application of …” „… European Competition Law“ (Wolfgang Bosch) und „Öffentliches Kapital und öffentliche Interessen – die …”

Christine Mellein Die Rolle von Bundestag und Bundesrat in der Europäischen Union S. 13-66

„… Constitutional Court on the Treaty of Lisbon, German Law Journal 2009, S. 1259 ff.; C. Calliess, NJW 30/2009, S …” „… . Schorkopf, Die Europäische Union im Lot, EuZW 2009, S. 718 ff.; C. Tomuschat, The Ruling of the German …” „… . Terhechte, Souveränität, Dynamik und Integration – making up the rules as we go along, EuZW 2009, 724 ff.; F …”

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Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

2007

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Ulf Bernitz The Application of EEA Law in Sweden S. 27-36

„… I. Justice/Jurisprudence 29 ULF BERNITZ The Application of EEA Law in Sweden Ulf Bernitz The …” „… Application of EEA Law in Sweden I. Introduction 29 II. The Andersson Case 30 III. Analysis 33 IV. Further …” „… exists Swedish case law on the application of the EEA Agreement of general interest. These cases are …”

Stefán Már Stefánsson Legitimate Expectations in EC/EEA Law S. 627-642

„… law. In its basic form the principle requires the application of law to be clear and predictable.1 The …” „… Measures Legitimate expectations impose strict limitations on the retroactive application of the law. For …” „… that the retroactive application of the EC law is normally excluded but can exceptionally be justified …”

Davíd Thór Björgvinsson Application of Article 34 of the ESA/Court Agreement by Icelandic Courts S. 37-50

„… remedy under national law. Before proceeding to the application of Article 34 of the ESA/Court …” „… 37 DAVÍD THÓR BJÖRGVINSSON Application of Article 34 of the ESA/Court Agreement by the Icelandic …” „… Courts Davíd Thór Björgvinsson Application of Article 34 SCA by the Icelandic Courts I. Introduction 37 …”

Sven Norberg Making a Virtue out of Necessity and at the Same Time Strengthening European Competition Law Enforcement. How the White Paper on the Modernisation Reform came about S. 523-542

„… application of Community law and of legal certainty for firms.41 Also the Economic and Social Committee …” „… April 1999 adopted its White Paper on the Modernisation of the Rules of application of Art. 85 and 86,3 …” „… Competition Law Forum from year 2000 and onwards in the series of Neueste Entwicklungen im europäischen und …”

Jacques H. J. Bourgeois Ne bis in idem and Enforcement of EEA Competition Rules S. 313-318

„… the application of Community law and the law of one or more Member States on competition, that is to …” „… Baudenbacher who contributed, and continues to contribute, very significantly to the development of the law of …” „… repeatedly in the EC Courts. In Aalborg Portland and Others, the ECJ held that the application of the …”

Barry E. Hawk Conduct Element in Abuse of Dominant Position S. 393-404

„… Articles 403 I. Introduction The application of competition or antitrust law1 to dominant firms raises …” „… is essential to any coherent application of those laws. The most frequently cited policy objectives …” „… many of the most significant and difficult legal, economic and public policy issues in competition law …”

Allan Rosas Judicial Protection in EU State Aid Law S. 579-592

„… national State aid authorities to co-ordinate the application and implementation of Community State aid law …” „… Community law. The system of judicial protection in State aid cases is no exception. This system is …” „… ), subject to a right of appeal to the European Court of Justice (ECJ) on points of law.1 Such actions 1 …”

Thorgeir Örlygsson Twelve Years of Experience S. 225-242

„… effects of the same acts in the EC, and the application of the case law of the Court of Justice of the …” „… principles of direct effect and primacy form an important element in the application of Community Law by …” „… and the application of EEA law in Icelandic legislation. Bearing this in mind, Hæstiréttur Íslands …”

Paolo Mengozzi The European Union balance of powers and the case law related to EC external relations S. 207-224

„… respect of EC Treaty in the application of Community law continues to present some delicate and …” „… 207 PAOLO MENGOZZI The European Union balance of powers and the case law related to EC external …” „… relations Paolo Mengozzi EU balance of powers and the case law on EC external relations I. The context in …”

Pieter Kalbfleisch The Assessment of Interests in Competition Law: A Balancing Act S. 455-474

„… economic activity. So with respect to the application of competition law, we have a problem: when we really …” „… 455 PIETER KALBFLEISCH1 The Assessment of Interests in Competition Law: A Balancing Act Pieter …” „… Kalbfleisch The Assessment of Interests in Competition Law: A Balancing Act I. Introduction 455 II. Welfare as …”

Bo Vesterdorf The EC Competition Law Policy on Fines Main Issues and Ways Ahead S. 671-690

„… system of fines in competition law 672 a) The Treaty, Regulation 1/2003, and the distribution of powers …” „… private enforcement of EC competition law. Finally, it provides an overview on possible ways in which the …” „… already granted by the system. 1. The current EC system of fines in competition law a) The Treaty …”

Jay Lawrence Westbrook National Regulation of Multinational Default S. 777-792

„… barrier to the application of American law. Suppose the home country requires a showing of the debtor’s …” „… court refused. The potentially decisive factors in Avianca were application of the better law, choice …” „… institutions and fields of law, there is a common thread in his career: the development of legal institutions …”

Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… such an issue even falls within the scope of application of that body of law. The question is open …” „… 891 CHRISTA TOBLER Going Global in Sex Equality Law The Case of Gender Representation Rules for …” „… company boards 900 1. Relevant area of EEA: no specific company law 900 2. The acquis of EEA sex equality …”

Philip Lowe Director Competition Policy as an Instrument of Global Governance S. 489-502

„… governance in the Union 490 III. The contribution of competition law and policy to European and global …” „… governance 491 1. The role of competition 491 2. Law and economics combine in competition policy 492 3. The …” „… . Competition Policy as an Instrument of Global Governance 491 III. The contribution of competition law and …”

Vassilios Skouris The Recovery of Unlawful State Aid from Successor Companies. Reflections on the Recent Case Law of the European Court of Justice S. 615-626

„… the Recent Case Law of the European Court of Justice Vassilios Skouris The Recovery of Unlawful State …” „… which are by no means completely resolved by the case-law of the European Court of Justice (ECJ). It is …” „… simply an effort to put the recent case-law of the ECJ in perspective and clarify certain misconceptions …”

Dirk Buschle The Free Movement of Capital in the EEA – A Lehrstück in Homogeneity S. 75-98

„… , yet not less intense passion of Carl Baudenbacher’s, the development of EEA law in homogeneity …” „… of the EEA, second, show how the EFTA Court has tied up to that case law in interpreting EEA law and …” „… to be carried out in partnership.4 Beyond EEA law, the dialogue has become a source of mutual …”

Dr. Miguel Poiares The Judicial and Constitutional Challenges of Legal Globalisation S. 175-190

„… (Illinois, University of Chicago Press, 1997). 28 See Neil Komesar, Law’s Limits: Rule of Law and the Supply …” „… Globalisation and Contrapunctual Law 177 III. Legal Globalisation and the Model of Global Law: can there be …” „… . Volcansek (ed.), Law Above Nations: Supranational Courts and the Legalization of Politics (Florida, Florida …”

Eleanor Sharpston An impressive level of scrutiny: Appearing before the EFTA Court in two early cases S. 243-252

„… of the EEA law. (7) The limited examples of the practice of the Icelandic administration and the …” „… of ECJ case law had already developed on the interpretation of the Acquired Rights Directive. The …” „… ) teleological approach to the interpretation of Community law.) So, the United Kingdom was clearly concerned to …”

Mark A. Lemley, David O’Brien, Ryan M. Kent, Ashok Ramani, Robert Van Nest Divided Infringement Claims S. 475-488

„… 481 1. The Territorial Nature of Patent Law 481 2. Liability under 35 U.S.C. §§ 271(f) and (g) 482 3 …” „… the existing territorial regime of IP law. It is fitting, therefore, that we dedicate this article …” „… Induce Violation of the Law, 115 Harv. L. Rev. 1246 (2002). 12 493 F. Supp. 1376, 1389, 207 U.S.P.Q. (BNA …”

Titelei/Inhaltsverzeichnis S. 1-22

„… Application of EEA Law in Sweden 29 Professor Davíd Thór Björgvinsson Judge at the European Court of Human …” „… Rights; Professor of Law, Reykjavík University School of Law Application of Article 34 of the ESA/Court …” „… Professor Jay Lawrence Westbrook Benno C. Schmidt Chair, The University of Texas School of Law National …”

Hans Petter Graver The Harmonisation of National Administrative Law S. 377-392

„… into the administrative law of the Member states. Their application is also limited to situations where …” „… 377 HANS PETTER GRAVER The Harmonisation of National Administrative Law Hans Petter Graver The …” „… there is even a general administrative law of the EU in the making, with harmonising effects on the …”

Peter Freeman Market Investigations in the United Kingdom: The Story So Far S. 331-350

„… Notice of Remedies 343 IX. The Application of Remedies 343 X. An Assessment of the Market Régime 344 1 …” „… control Decisions taken under the MIR are subject to review by the CAT on the application of «any person …” „… situations» are subject to review by the CAT on the application of «any person aggrieved». 10 The OFT merger …”

Henrik Bull Recognition of Foreign Bankruptcies: Swiss Law as an Example to the World? S. 727-734

„… 727 HENRIK BULL Recognition of Foreign Bankruptcies: Swiss Law as an Example to the World? Henrik …” „… Bull Recognition of Foreign Bankruptcies: Swiss Law as an Example to the World? I. Universality vs …” „… . Recognition of Foreign Bankruptcies: Swiss Law as an Example to the World? 729 may be handicapped by language …”

Thomas Cottier The Judge in International Economic Relations S. 99-122

„… law increasingly influenced the application and interpretation of domestic law. A new legal culture …” „… balances, courts assumed essential functions in the process of law-making.4 Case law today is an …” „… , such as the GATT. Lawyers and judges alike developed new disciplines of law which were unknown prior …”

Marco Bronckers he Relationship of the EC Courts with other International Tribunals Non-committal, Respectful or Submissive? S. 51-74

„… application of international law is more widely supported in the European Union, this can reduce anxieties …” „… consider themselves bound by rulings of other international tribunals? Having reviewed the case law to …” „… have not considered the emerging case law of the newly established Civil Service Tribunal. Having thus …”

Antonio Tizzano La notion de «pouvoir adjudicateur» dans la jurisprudence communautaire en matière des marchés publics S. 659-670

„… rentrer «the procurement activities of the building commitee into the public law sphere».35 (3) Enfin …” „… introduites par lesdites interventions législatives; d’autre part, en veillant sur leur correcte application …” „… des difficultés dans l’application du droit communautaire des marchés publics par les juges nationaux …”

Sir Basil Markesinis Political thought in legal judgments S. 191-206

„… Library ed. 1937). 8 The move to restrict the application of customary international law is growing in the …” „… Atlantic. That is why I think that the study of American law can teach European lawyers a thing or two and …” „… Common law lawyers (mainly Coke and Blackstone). For a more general discussion of the influence of the …”

Eleanor M. Fox Antitrust in Times of Globalization S. 319-330

„… of the practices complained of were then illegal per se under U.S. law if they were done to Americans …” „… that the year of the code, 1980, marked a turning point in U.S. antitrust law. Ronald Reagan was …” „… elected President. The Reagan administration turned the fulcrum of U.S. antitrust law almost 180 degrees …”

Luzius Wildhaber The Protection of Legitimate Expectations in European Human Rights Law S. 253-264

„… 253 LUZIUS WILDHABER The Protection of Legitimate Expectations in European Human Rights Law Luzius …” „… Wildhaber The Protection of Legitimate Expectations in European Human Rights Law I. The right to property as …” „… is a basic principle of Community law, and, by extension, of the EFTA legal order. It occupies a …”

Peter Nobel Globalisierung des Gesellschaftsrechts S. 735-748

„… . Rock (Hrsg.), The Anatomy of Corporate Law, A Comparative and Functional Approach, New York 2004, S …” „… » definiert werden. «Practices» seien dagegen «more specific and spell out the practical application of the …” „… (Hrsg.), Internationale Standards and the Law, Bern 2005. 33 Daniel Thürer, Soft Law, in: Rudolf …”

Christian Dialog der Gerichte im europäischen Justizraum. Zur Rolle des EuGH bei der Auslegung des neuen Übereinkommens von Lugano S. 141-156

„… , The Uniform International Sales Law and the Global Jurisconsultorium, Journal of Law and Commerce 24 …” „… the light of its Brussels matrix: The convergence confirmed, Yearbook of Private International Law …” „… interpretation of the provisions of this Convention as regards the application by the courts of the Member …”

Herbert Batliner, Johannes Gasser Sind Schiedsklauseln zulasten Dritter gemäss Art. 6 EMRK zulässig? Ein juristischer Ausblick von Liechtenstein nach Europa S. 703-726

„… renunciation of the full application of that Article. The Commission therefore considers that an arbitral award …” „… Rohstoff führen könnte. 66 «32. An appeal on any question of law – but not on the quantum of compensation …” „… German Law, Journal of International Arbitration 2002, 423; ders., Die Aufweichung einer Formvorschrift …”

doi.org/10.5771/9783845204918

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Arbeitsvölkerrecht

Wolfgang Däubler (ed.), Reingard Zimmer (ed.)

2013

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Antoine T.J.M. Jacobs Monism in Action. The application of the International Covenant on the Rights of the Child in the law of The Netherlands S. 125-134

„… which the Centrale Raad van Beroep dismissed the application of a provision in the Dutch law as being a …” „… Monism in Action. The application of the International Covenant on the Rights of the Child in the …” „… law of The Netherlands Antoine T.J.M. Jacobs Introduction Klaus Lörcher has devoted much of his life …”

Jan Buelens The effectiveness of collective action in the light of international standards: the case of Belgium S. 311-323

„… their impact on Belgian case law. The case of Belgium could be a source of inspiration for other …” „… , i.e. the so-called unilateral application procedure, the president of the court was asked to intervene …” „… pertaining to the law as well as to reasons within the law. The former involved the economic crisis of that …”

Monika Schlachter Soziale Rechte auf supranationaler Ebene: Wirksame Schutzinstrumente? S. 302-311

„… the Application of Standards haben sich im Sommer 2012 geweigert, sich an der Aufstellung der Liste …” „… session 2012, Report of the Committee on the Application of Standards, General Report, PR 19 (Rev.), Part …” „… the Application of Standards, General Report, PR 19 (Rev.), Part I/32, No. 134 ff. Soziale Rechte auf …”

Lenia Samuel The long Way towards more Social Rights in Europe S. 135-146

„… . While the Convention makes provision for individual application to the European Court of Human Rights …” „… development of a rights-based approach within EU primary law. The first time that the European Social Charter …” „… was mentioned in a text of EU primary law was in the Preamble to the European Single Act of 1986 …”

Ninon Colneric Völkerrechtlicher Schutz gegen Grundrechtsverkürzungen im Namen der Religion S. 165-188

„… Committee of Experts on the Application of Conventions and Recommendations, International Labour Conference …” „… impressive analysis on the “Dramatic Implications of Demir and Baykara” in the Industrial Law Journal.1 In …” „… Demir and Baykara the Court overruled its pre-existing case law related to the right of collective …”

Stefan Clauwaert, Isabelle Schömann The protection of fundamental social rights in times of crisis: A trade union battlefield S. 239-257

„… unions before the Council of Europe, as well as the role of EU law and, in particular, the EU Charter of …” „… and the rule of law. These values are the foundations of a tolerant and civilised society and …” „… signatory countries are in conformity in both law and in practice with the provisions of the European Social …”

Frank Hoffer, Andreas Bodemer Eine gute Rente – Deutschlands internationale Selbstverpflichtung S. 53-62

„… the Government’s 35th report on the application of the European Code of Social Security (2005-06), in …” „… the Application of the European Code of Social Security“ sowie „40. detaillierter Bericht über die …” „… Request des Committee on the Application of Conventions and Recommendations (CEACR), angenommen 2006 …”

Titelei/Inhaltsverzeichnis S. 2-12

„… 110 Antoine T.J.M. Jacobs Monism in Action. The application of the International Covenant on the …” „… Rights of the Child in the law of The Netherlands 125 IV. Rechtskreis des Europarates Lenia Samuel The …” „… Austerity and the Importance of the ILO and the ECHR for the Progressive Development of European Labour Law …”

Teun Jaspers Workers’ involvement rights in transnational issues S. 369-377

„… ’ organisations, and I am I. II. 1 Cf. Craig, J./ Lynk, S. (eds.), Globalization and the Future of Labour Law …” „… .6 In practice the mere existence and the actual application of arrangements, even when they miss …” „… recognised in EU law (cf information and consultation directives), in the ESC and the case law of the ECSR as …”

K. D. Ewing Austerity and the Importance of the ILO and the ECHR for the Progressive Development of European Labour Law: A Case Study from Greece S. 361-369

„… national agreement. Under the new law, moreover, ad hoc associations of employees could negotiate these …” „… trade unions can- III. 3 See ILO, Report of the Committee of Experts on the Application of Conventions …” „… labour law, both international and national, and to the practice of Contracting States in such matters …”

Stein Evju The European Social Charter and the International Labour Organisation – interlinks past and present S. 146-154

„… point of view of labour law it is of the essence that the ESC is the first binding international …” „… vest supervisory tasks with the ILO’s Committee of Experts on the Applications of Conventions and …” „… labour law, and not a friendly couple or two elements of the same term, the main problem is that the law …”

Rudolf Buschmann Internationaler Kündigungsschutz S. 257-271

„… Schubert/Lörcher, aaO., 326. Internationaler Kündigungsschutz 259 fasst im Digest of Case Law of the European …” „… Schlussfolgerungen folgenden Faktoren Rechnung tragen: 8 Digest of the Case Law of the European Committee of Social …” „… Durchführung der Übereinkommen und Empfehlungen, Committee of Experts on the application of conventions and …”

Wolfhard Kohte Die Bedeutung der UN-Behindertenrechtskonvention für das Wahlrecht der Beschäftigtenvertretungen in Deutschland S. 110-125

„… Monism in Action. The application of the International Covenant on the Rights of the Child in the law of …” „… cause of the penetration of international labour law in domestic law. This penetration is rather well …” „… ascertained in the area of the law of the European Union and the European Convention on Human Rights (ECHR …”

Niklas Bruun The UN Treaty Body Strengthening Process and Fundamental Social and Labour Rights S. 97-110

„… Social and Labour Rights Niklas Bruun Introduction Since the Declaration of Human Rights was adopted in …” „… 1948 as a resolution by the UN General Assembly the UN system for the regulation and monitoring of …” „… monitored by different specialized bodies. The Human Rights Committee (CCPR) monitors implementation of the …”

Reingard Zimmer Wirkungsweise, Auslegung und Implementierung der Standards der Internationalen Arbeitsorganisation in Deutschland S. 29-42

„… ), Report of the Committee of Experts for the application of Conventions and Recommendations, General Report …” „… . Thomas/ Oelz/ Beaudonnet, The use of international law in domestic courts: Theory, recent jurisprudence …” „… , International Labour Law, 3. Auflage 2011, S. 85 (Rn 144). 49 Gravel/Duplessis/Gernigon, The Committee on …”

Achim Seifert Die Internationale Arbeitsorganisation und der deutsche Radikalenerlass S. 42-53

„… , and 3), Information and Reports on the Application of Conventions and Recommendations, Genf 1983, S …” „… Durchführung der Übereinkommen und Empfehlungen fortzusetzen und zu vertiefen.20 16 Vgl. Report of the …” „… Committee set up to examine the representation alleging non-observance by the Federal Republic of Germany of …”

Olaf Deinert, Michael Kittner Richterrechtliches Verhältnismäßigkeitsprinzip im Arbeitskampf und völkerrechtliche Vorgaben S. 283-302

„… Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution), Genf 1994, Rn …” „… . 58 Vergleichend: Novitz, International and European Protection of the Right to Strike, Oxford 2003 …” „… Art. 8 Abs. 1 lit. d IPWSKR garantiert.70, 71 b) c) 66 Comittee of Experts, General Survey of the …”

doi.org/10.5771/9783845249216

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The Rule of Law and Its Application to the United Nations

Clemens A. Feinäugle (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 6 2016

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D Stephen Mathias The Application of the Rule of Law to United Nations Peacekeeping Operations S. 107-130

„… The Application of the Rule of Law to United Nations Peacekeeping Operations D Stephen Mathias …” „… S/RES/1983. The Application of the Rule of Law to United Nations Peacekeeping Operations 109 In its …” „… June 2014) UN Doc S/RES/2164. The Application of the Rule of Law to United Nations Peacekeeping …”

Clemens A Feinäugle Theoretical Approaches to the Rule of Law and Its Application to the United Nations S. 29-50

„… Theoretical Approaches to the Rule of Law and Its Application to the United Nations Clemens A …” „… the application of the rule of law to the UN, the international level is not the only place where the …” „… . Theoretical Approaches to the Rule of Law and Its Application to the United Nations 31 sovereign equality of …”

Robert McCorquodale The Rule of Law Internationally S. 51-74

„… predictable; 2. Questions of legal right and liability should ordinarily be resolved by application of the law …” „… are: that there is a predictable and clear legal order; there is an equality of application of the law …” „… , with the World Bank considering that the practical application of the rule of law means that people in …”

Clemens A Feinäugle The International Court of Justice and the Rule of Law S. 341-370

„… rule of law and its application to the United Nations itself, it is also crucial to discuss the part of …” „… through its Relationship with Other UN Organs For the rule of law and its application to the UN, it is of …” „… application of international law beyond the treaty concerned,52 though, which might cause States to be even …”

Titelei/Inhaltsverzeichnis S. 1-8

„… The Rule of Law and Its Application to the United Nations Clemens A. Feinäugle (ed.) Studies of …” „… .) The Rule of Law and Its Application to the United Nations Nomos Die Deutsche Nationalbibliothek lists …” „… Cataloging-in-Publication Data Feinäugle, Clemens A. The Rule of Law and Its Application to the United Nations Clemens A …”

Janelle M Diller The Responsibility of the UN and the International Rule of Law S. 225-258

„… (predictable and transparent); ii) equality of application of the law (nonarbitrary); iii) protection of human …” „… of law as it applies to the UN.34 Equality of Application of the Law Equality of application of the …” „… such obligations are breached, the foundational objective of equal application of the law invokes legal …”

Holger P Hestermeyer A Rights-based Approach to the Rule of Law in International Law. A Comment on Stephen Mathias S. 131-148

„… elements: (1) legal order and stability, (2) equality of application of the law, (3) settlement of disputes …” „… , fairness in the application of the law, separation of powers, participation in decision-making, legal …” „… of an international law notion of the rule of law to the field – and in particular the application of …”

Gian Luca Burci Enforcement versus Immunities in the United Nations: A Rule of Law Perspective S. 269-296

„… application of the law, protection of human rights and settlement of disputes before an independent legal body …” „… international rule of law. Equality of application of the law. Immunities, be they provided by national or …” „… general exemption in the General Convention and other instruments from the application of national law to …”

Matthew Happold United Nations Sanctions and the Rule of Law S. 75-98

„… resolved by application of the law and not the exercise of discretion; (3) that the laws of the land should …” „… , equality before the law, accountability to the law, fairness in the application of the law, separation of …” „… United Nations Sanctions and the Rule of Law Matthew Happold Introduction The content of the …”

Clemens A Feinäugle Introduction S. 9-12

„… specific focus of this conference was on the application of the rule of law to the UN itself and its organs …” „… ’. Next, Clemens A Feinäugle writes about ‘Theoretical Approaches to the Rule of Law and Its Application …” „… Introduction Clemens A Feinäugle ‘The rule of law applies to the United Nations and should guide …”

Thomas Laker The United Nations and the (Internal) Administration of Justice S. 311-330

„… regulations of the Organization. The idea of the rule of law includes ‘equality of application of the law’.61 …” „… been established69. The adherence to the rule of law encompasses its application to the tribunals …” „… Appeals Tribunal is competent to grant the equality of application of the law, as well as the …”

Janelle Diller Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair Hearing. A Comment on Erika de Wet S. 201-210

„… Charter’s purposes are also relevant in application of the law of responsibility in relation to the UNSC …” „… law applicable within a territory under its administration. 13 The application of this approach to UN …” „… Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair …”

Erika de Wet Lip-service to the Rule of Law in the Administration of Kosovo: The Limited Accountability of UNMIK for Human Rights Violations. A Comment on Ernst Tschoepke S. 171-180

„… Lip-service to the Rule of Law in the Administration of Kosovo: The Limited Accountability of UNMIK …” „… that the United Nations and its organs are bound by the rule of law and human rights. Moreover, it …” „… suggests that the rule of law and human rights protection are two sides of the same coin. Paragraph 2 of …”

Edric Selous The Rule of Law and the Debate on it in the United Nations S. 13-28

„… law, accountability to the law, fairness in the application of the law, separation of powers …” „… individual and State power through laws. Aristotle, in modern English translation, refers to the rule of law …” „… of the laws are obeying the laws.’1 In this way, the rule of law sits at the very heart of governance …”

Ernst U Tschoepke The UN Administration of Territories: The Mission in Kosovo and the Rule of Law S. 149-170

„… The UN Administration of Territories: The Mission in Kosovo and the Rule of Law Ernst U Tschoepke …” „… The Mission Mandate and the Rule of Law The UN Interim Administration Mission in Kosovo (UNMIK …” „… from the Security Council was clearly a rule of law mandate to the extent that the UN was to maintain …”

D Stephen Mathias Ensuring Respect for the Rule of Law in the Elaboration and Implementation of UN Sanctions. A Comment on Matthew Happold S. 99-106

„… Ensuring Respect for the Rule of Law in the Elaboration and Implementation of UN Sanctions A …” „… sanctions and the rule of law. It should go without saying that my comments are without prejudice to the …” „… drawn between the ‘thin’ and ‘thick’ perspectives of the rule of law, and more precisely between the …”

Matthew Happold The Responsibility of the UN and the International Rule of Law. A Comment on Janelle Diller S. 259-268

„… The Responsibility of the UN and the International Rule of Law A Comment on Janelle Diller Matthew …” „… of the United Nations and the international rule of law, this comment shall take a narrower focus. No …” „… attempt will be made to revisit the question of what the international rule of law might be at the …”

Edric Selous The Rule of Law, Development and the United Nations S. 211-224

„… The Rule of Law, Development and the United Nations Edric Selous* Effective governance for …” „… development.1 The rule of law has long been considered integral to development. The 2012 Declaration of the …” „… High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels …”

Edith Wagner Cholera in Haiti: Lethal to UN’s Absolute Jurisdictional Immunity?. A Comment on Gian Luca Burci S. 297-310

„… and stability, equality of application of the law, the protection of human rights and the settlement …” „… Edith Wagner The International Rule of Law and the UN The United Nations enjoys absolute immunity from …” „… boost;11 as did the question whether the law of international organisations with its strongly …”

Erika de Wet Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair Hearing S. 181-200

„… national law would be suitable for application at the A. 1 For a discussion of such a ‘thick’ (substantive …” „… obligations in a suit at law’).The Sayadi and Vinck case did not elaborate on the scope of protection provided …” „… Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair …”

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The Dynamics of International Law in a Globalised World

Matthias Herdegen

Series: Recht als Kultur

Volume 14 2016

Results in this title

XV. Law as Culture and the Application of International Rules S. 163-190

„… XV. Law as Culture and the Application of International Rules 1. The Law as Reflection of …” „… Relation to the Nature of the Climate, ch. 1. 164 XV. Law as Culture and the Application of International …” „… July 2014), para. 24. 15 Ibid., paras. 140 et seqq. 166 XV. Law as Culture and the Application of …”

II. The Forces behind the Dynamics of International Law S. 33-46

„… centralised law-making. There must be at least a minimum of support in the international community for new …” „… II. The Forces behind the Dynamics of International Law Some of the forces driving the …” „… rules. Others are part of existing international legal regimes and guide the progressive application of …”

X. The Changing Role of the State S. 121-132

„… : Principles of International Economic Law, p. 390. 4 See ibid., p. 78. 124 X. The Changing Role of the State …” „… plans a reduced application of the guideline. The corresponding proposal of the European Commission7 …” „… within their rights to bring suit in France against Yahoo! for violation of French speech law. The only …”

Contents S. 9-14

„… . Cultural Globalisation and International Economic Law . . . . . . . . 22 3. Human Rights: the Essence of …” „… ’ of International Law . . . . . . . . . . . . . . . . . . . . 31 8. The Impact on the Structure of …” „… International Law . . . . . . . . . . . . . 32 II. The Forces behind the Dynamics of International Law …”

IV. New Structures of Rule-Making S. 57-74

„… application or implementation of EU law.16 Even a consensus among the member states or a clear understanding …” „… States decided to allow domestic law to provide clarification for the purposes of the application of …” „… constructive approach to customary rules vest international lawyers and the doctrine of international law with …”

XVII. Diversity S. 195-206

„… liberalisation. In international trade law, the protection of established social and cultural structures by …” „… this context it must be considered that world trade law, unlike e. g. the regime of the European …” „… Economic Law, pp. 239 et seq. 7 WTO: United States: Measures Affecting the Cross-Border Supply of Gambling …”

XIII. Legal Pluralism S. 143-156

„… established four criteria to frame the requirements for the application of indigenous law: ‘El criterio …” „… fragmentation of law-making authority. On the other hand, under the conditions of a profoundly heterogenous …” „… their own laws and procedures provided, which are not contrary to the Constitution and the law of the …”

XX. Developing Countries S. 221-228

„… some extent also environmental law, are the sectors most receptive to the specific needs of developing …” „… Durban in December 2011, the parties reached an agreement to extend the application of the Kyoto …” „… and has no application under customary law. 29 On the Kyoto Protocol, with further references see …”

III. Global Morality, Cosmopolitical Commemoration and Interpretation of Experiences S. 47-56

„… international law and the UN Charter, seem to be firmly entrenched nonetheless. The core of human rights and …” „… / Ulfstein: The Constitutionalization of International Law; Kleinlein: Konstitutionalisierung im Völkerrecht …” „… regional treaties or general principles of law recognised by civilised nations (see Article 38(1) of the …”

IX. Standards of Rationality S. 109-120

„… law-making. An instance in the present context is the ruling of the Inter-American Court of Human Rights …” „… the idea that every valid claim requires reasons of truth. In legal theory and sociology of law, the …” „… but our own.’5 Standards of rationality in law rank among the most powerful tools which allow for …”

VIII. Human Rights in a Globalised World S. 95-108

„… European Union’s interest in loyal application and implementation of its laws by Member States. The …” „… Society and the Rule of Law Beyond the classical core of human rights, other inspirations are at work …” „… vidual autonomy and property under the rule of law. This vision focuses on guarantees protecting free …”

W. Gephart: Towards a Sociology of International Law S. 5-8

„… a fragmentation of law-making authority. In comparison to some of the participants in the legal …” „… when their validity is religiously based. Law does not merely consist of the thin air of jurists’ law …” „… idiosyncrasies of particularistic images of law remain in the dark if they are exclusively dealt with from the …”

XI. The Role of Private Actors S. 133-138

„… XI. The Role of Private Actors Modern international law enhances the role of private actors in …” „… The law of the United States establishes a broad extraterritorial jurisdiction over liability for …” „… violations of public international law. The Alien Tort Statute (ATS, also referred to as Alien Tort Claims …”

V. Disaggregation of the State S. 75-80

„… indigenous communities and other minorities under international law, – the emergence of legal pluralism3 …” „… law and human rights law have fuelled a process breaking up the monolithic structure of the state. 1 …” „… ) law.5 Thus, the Antitrust Division of the US Department of Justice and the European Commission …”

VII. The Look behind the Veil of Sovereignty: Standards of Governance S. 87-94

„… features of modern international law that it looks behind the veil of states’ sovereignty. Not only human …” „… rights, but also principles of international economic law establish standards for the internal structure …” „… transparent and efficient administration. Subsequently added layers of good governance are: the rule of law …”

I. The Interplay between International Law and 'Globalisation' S. 19-32

„… I. The Interplay between International Law and ‘Globalisation’ International law is one of the …” „… stabilising monetary relations.1 In the field of human rights, international law has dramatically expanded the …” „… overshadow even the bold activism of national legislators or national courts. Regional case law in Europe or …”

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The 50th Anniversary of the European Law of Civil Procedure

Burkhard Hess (ed.), Koen Lenaerts (ed.)

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 22 2020

Results in this title

Maciej Szpunar EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions S. 71-80

„… EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions …” „… us now turn to the illustration of the potential application of multiple conflict-of-laws rules. A …” „… conflict-of-laws rules and rules on jurisdiction may have an impact on the results achieved by their applications …”

Henrik Saugmandsgaard Øe The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the National Judges S. 147-160

„… The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the …” „… uniform interpretation and application of EU law in the Member States. The preliminary ruling procedure …” „… / docs/application/pdf/2018-04/_ra_2017_en.pdf), p. 102. The Application of the European Law of Civil Procedure 149 …”

Xandra Kramer, Jos Hoevenaars European Civil Procedure and the Dialogue between National Courts and the European Court of Justice S. 175-202

„… and harmonizing the application of the rules. While the influence of the case law of the CJEU cannot …” „… of national court judges and lawyers with the ECJ’ (forthcoming) European Law Review. 60 J …” „… Professor of Private International Law, Utrecht University (The Netherlands). Jos Hoevenaars is Postdoc …”

Lucilla Galanti CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion S. 285-316

„… CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion Lucilla Galanti …” „… Same Situation of Fact and Law: An Early “Rigorous” Approach2.1. 293 The Evolution of the Concept of …” „… “Same Situation of Fact and Law”2.2. 297 The Confirmation of the Extensive Approach in Patent and Design …”

Sabine Corneloup The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint S. 107-120

„… the application of the rules of private international law of that State”. Sabine Corneloup 110 The …” „… creditor of maintenance, etc.), provide for the application of the law of the forum as subsidiary solution …” „… The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint Sabine Corneloup …”

Cinzia Peraro Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach S. 317-348

„… application of the law of the place where the majority of the victims are domiciled, without prejudice to …” „… , what is more significant, it clearly states the application of the existing private international law …” „… posted (Polish) workers. In this regard, the Polish undertaking claimed the application of the law of the …”

Elena Alina Onţanu Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures S. 473-506

„… of Modern Science” in Court- Related Proceedings’, Griffith Law Review – Special Symposium: The Laws …” „… the development of technology and procedural law solutions in cross-border procedures and offer …” „… of the procedures, of their applications, and of the implications these have for the party.49 46 E …”

Janek Tomasz Nowak Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? S. 393-450

„… March 2018 modifying the Economic Law Code by extending the scope of application of the action for …” „… entry into force of the new Dutch law on judicial collective redress or the June 2020 agreement on the …” „… Policy and the Application of Procedural Safeguards6. 437 National Court Practice7. 438 Introduction7.1 …”

Johan Meeusen The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law S. 121-146

„… remain limited to the application of the Union’s legislation on private international law, but will …” „… is proper to the traditional multilateral choice-of-law rules. In other words, the application of the …” „… Europeanization of Private International Law3. 125 Brussels I as a Trailblazer for the Constitutionalization of EU …”

Zuzanna Witek Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland S. 507-546

„… responsible for the effective application of EU law and play an important role in securing the effective …” „… the proceedings apart from the strict application of the rule of law108. Those guarantees of …” „… cases concerning the application of EU law from falling within the exclusive jurisdiction of a court …”

Index S. 551-558

„… , 443, 450 Common law, 42, 45, 200 Comparative law, 40-43, 198, 411, 422 Competence of the European …” „… , 482 – Evidence Regulation, 31, 83, 168 Ex officio application of EU law, 215, 227, 228, 231, 239, 240 …” „… on the Law Applicable to Maintenance Obligations, 74, 78, 118 Harmonisation Index 554 – of choice of …”

Tobias Lutzi Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? S. 451-472

„… slightly different regimes, the application of which depends on the allegedly violated right in question …” „… Online Torts In order to be able to discuss the present state and future viability of the ECJ’s case law …” „… 2012, 189, 190–91. See also Burkhard Hess, ‘The Protection of Privacy in the Case Law of the CJEU’ in …”

Loïc Cadiet L’autonomie procédurale dans la jurisprudence de la Cour de justice de l’Union européenne – Réflexions naïves d’un Huron au Palais du Kirchberg S. 203-234

„… Effectiveness and Application of EU and EEA Law in National Courts, Cambridge, Intersentia, 2018. – K …” „… Courts in Consumer Litigation – Applying EU Law of the National Court’s Motion, Cambridge, Intersentia …” „… . Produktschap voor Siergewassen. 11 Comp. J. T. Nowak, « Chapter 1. Considerations on the Impact of EU Law on …”

Marek Safjan, Dominik Düsterhaus De l’encadrement de l’ordre public procédural des États membres à l’ordre procédural autonome de l’Union S. 59-70

„… Harmonisation? in F. Gascón Inchausti et B. Hess, The Future of the European Law of Civil Procedure …” „… procédu- 7 Voir B. Hess, T. Pfeiffer, Interprétation of the Public Policy Exception in EU Instruments of …” „… Private International and Procedural Law, Commissioned by the European Parliament [2011] PE 453.189, 58. 8 …”

Burkhard Hess Seminal Judgments (les Grands Arrêts) in the Case Law of the European Court of Justice S. 11-46

„… the development of European procedural law (2). These were mainly marked by law-making activities the …” „… Court of Justice 13 Union law (4) with conflict of laws rules, with the procedural laws of the EU Member …” „… laws of the six original EEC-Member States were structurally similar (all belonging to continental law …”

Titelei/Inhaltsverzeichnis S. 1-10

„… International Law: Consistency of the Scopes of Application and/or of the Solutions 71 Maciej Szpunar Le …” „… Constitutionalization of Private International Law 121 Johan Meeusen The Application of the European Law of Civil …” „… Choice of Law-Centred Approach to a Civil Procedure Standpoint 107 Sabine Corneloup The Contribution of …”

Stephanie Law Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress S. 349-392

„… Collective Redress Stephanie Law* Table of Contents Introduction1. 350 The Development of Mechanisms to …” „… its consumer law policy but still identified a ‘justice gap’ in the protection of EU law via …” „… the Member States Concerning Violations of Rights Granted under Union Law’ (http://eur-lex.e …”

Camelia Toader La confiance mutuelle, fondement et témoignage de la valeur de l’Union européenne S. 47-58

„… . Weller, « Mutual Trust: in search of the future of European Union private international law », Journal of …” „… of the future of European Union private international law », Journal of Private International Law …” „… , Seminal judgments (les grands arrêts) in the case law of the European Court of Justice, dans ce même …”

Fausto Pocar The Brussels Convention: 50 Years of Contribution to European Integration1 S. 249-258

„… century, and more in general of European private international law. The Convention, indeed, permeated and …” „… Brussels I Regulation as the governing procedural law for the settlement of disputes before the European …” „… Private International Law, Proceedings of the Twentieth Session 14 to 30 June 2005, tome II, Judgments …”

Etienne Farnoux Delendum est Forum Delicti1? Towards the Jurisdictional Protection of the Alleged Victim in Cross-Border Torts S. 259-284

„… law in the rules of conflict of laws. It is beyond the scope of this article to discuss at length the …” „… sense that it is the law that is best known to him). The only conflict of laws rules that directly …” „… Anniversary of the European Law of Civil Procedure” conference for the thorough discussion and comments. 259 …”

Marta Requejo Isidro Le « régime Bruxelles » dans le droit européen de la procédure civile S. 81-106

„… (les grands arrêts) in the case law of the European Court of Justice, dans cet ouvrage, sur la tendance …” „… represents a backbone and a model for all subsequent regulations in Europe »13. « Its [of the CJEU] finding …” „… may be distinguishable, in that it emphasises (at 40 and 44 in particular) that for the service of …”

Wolfgang Hau The Dialogue on the European Law of Civil Procedure between the Court of Justice and National Courts from a German Perspective S. 161-174

„… into the world: a masterpiece of international law-making, distinguished by its clear language, sublime …” „… The Dialogue on the European Law of Civil Procedure between the Court of Justice and National …” „… development of European legislation and case law in the field of cross-border litigation ran parallel to the …”

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Den Fremden akzeptieren

Klaus Barwig (ed.), Rainer Dobbelstein (ed.)

Series: Schriften zum Migrationsrecht

Volume 6 2012

Results in this title

Jill Allen The Recent Convergence in Law and Practice of the Supreme Court of England and Wales with that of the European Court of Human Rights in the Application of Article 8 of the European Convention on Human Rights in Relation to Social Housing S. 13-26

„… 13 Jill Allen* The Recent Convergence in Law and Practice of the Supreme Court of England and …” „… Wales with that of the European Court of Human Rights in the Application of Article 8 of the European …” „… in academic circles but also in the practical application of his knowledge in the formulation and …”

Kees Groenendijk Are third-country nationals protected by the Union law prohibition of discrimination on grounds of nationality? S. 131-142

„… application of the EU public order exception and the national law on expulsion on public order grounds.8 6 K …” „… application of Union law thirdcountry nationals are treated differently solely on the basis of their …” „… 131 Kees Groenendijk* Are third-country nationals protected by the Union law prohibition of …”

Elspeth Guild Rethinking and Reformulating Immigration and Asylum Law and Policy in the EU – Perspectives from the Lisbon Treaty S. 143-158

„… in EC Law, Hart, Oxford, 2001. 144 the entry into force of the Lisbon Treaty means for EU …” „… of EU law in this field. – The Treaty gives legal force to the Charter on Fundamental Rights. This …” „… number of Member States and countries outside the EU. The front page effect of EU immigration law is not …”

Titelei/Inhaltsverzeichnis S. 2-10

„… ........................................................................................................................... 11 Jill Allen The Recent Convergence in Law and Practice of the Supreme Court of England and …” „… Wales with that of the European Court of Human Rights in the Application of Article 8 of the European …” „… nationals protected by the Union law prohibition of discrimination on grounds of nationality …”

Klaus Lörcher Internationale Arbeitsnormen unter ungerechtfertigtem Druck – am Beispiel des Kündigungsschutzübereinkommens Nr 158 der Internationalen Arbeitsorganisation (ILO) S. 229-250

„… ), Termination of Employment – General Survey by the Committee of Experts on the Application of Conventions and …” „… . 166]), Report of the Committee of Experts on the Application of Conventions and Recommendations, Genf …” „… , 2009, Report III (Part 1A), Report of the Committee of Experts on the Application of Conventions and …”

Eberhard Eichenhofer Zugang zu Sozialleistungen für Drittstaatsangehörige S. 97-108

„… of the social security systems and the accession of Central and Eastern European countries to the …” „… , Prospects of social security co-ordination, Leuven 1997, S. 15 ff.; Commission of the European …” „… – 29.05.1986 – Application no. 8562/79 (Feldbrugge ./. The Netherlands). 102 Die VO (EG) Nr. 859/200323 …”

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International and European Criminal Law

Helmut Satzger

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

Results in this title

. The Application of National Criminal Law to Cases with International Elements S. 44-48

„… Application of National Criminal Law to Caseswith International Elements1The section concerning a domestic …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9IV. Relation between the Rules Determining the Scope of Application ofCriminal Law and the Material …” „… problems connectedwith the practical application of foreign criminal law17III. Danger of Double Jeopardy9As …”

. The Principles of Criminal Jurisdiction and their Implementation in National Legal Orders S. 49-79

„… Scope of Application of Criminal Law2 As mentioned before, the rules on the spatial scope of application …” „… flatly excludes criminal law from the scope of application ofthe country of origin rule.24 Therefore, at …” „… tax fraud and the handlingof tax evaded goods.3828The application of German criminal law for crimes …”

. The European Convention on Human Rights S. 180-215

„… provision exceeds domestic lawguarantees, art. 6 (3) ECHR directly affects the application of domestic law …” „… rank in the hierarchy of norms that is attributed toit by domestic law.a) The principle of “minimum …” „… principle of the rule of law.21c) Significance of the Convention for EU Lawaa) The EU’s accession to the …”

Titelei/Inhaltsverzeichnis S. 1-37

„… ........................................................ 7§ 3. The Application of National Criminal Law to Cases with International Elements .... 7I …” „… ..................................................................................... 9IV. Relation between the Rules Determining the Scope of Application of CriminalLaw and the Material …” „… Scope of Application of Criminal Law 12II. The Principles of Criminal Jurisdiction …”

. Criminal Law Enforcement in Europe S. 146-179

„… national court does in fact “implement”Union law.86The unmodified application of art. 54 CISA also cannot …” „… seq.; Fletcher/Lo¨o¨f/Gilmore, EU Criminal Law,pp. 76 et seq.3 As to the predecessor of Europol, the …” „… II GG in connection with the principle of the “rule of law”.For the Court, this was especially true …”

Index S. 332-339

„… Assistance in the enforcement of decisions– in the law of mutual legal assistance 2 5– regarding enforcement …” „… of penalties in the EU 839 et seq.Attempt– in international criminal law 13 68 et seq.“Auschwitz Lie …” „… European law 7 14 et seq.– very wide formulations of ~ in the VStGB 15 22Emergency brake 7 31, 40, 46 et …”

. Terminology of “International Criminal Law” S. 39-43

„… sensu)Supranational, especiallyEuropean, Criminal LawMutual LegalAssistanceRules determining the Scope of Application …” „… nationallegal rules on the application of criminal law, must also be included; to that effect also, Oehler …” „… they are often unclear or ambiguous, especially whendesignated to completely different areas of the law …”

. The Implementation of the ICC-Statute into National Law – The German Solution in Particular S. 314-331

„… application of a provisionremains utterly unclear and if even the public international law backgroundprovides …” „… Universality Extending the Traditional Rules on theScope of Application of German Criminal Law56 § 1 VStGB …” „… ” necessary under public international law for the application of German as well as any other national …”

. The Influence of European Law on Domestic Substantive Criminal Law S. 97-145

„… the application and effectiveness of Community law. For that purpose, whilst the choice of penalties …” „… criminal offence and the legal consequences may violate European law.Elements of the criminal …” „… directlyaffects criminal law. Both the type and severity of the sanction may violate European law:Who does …”

. The International Criminal Court (ICC) S. 235-252

„… common law.In this respect, the ICC-Statute is remarkably different from the statutes of theICTY and the …” „… validity of the Rome Statute was its bindingacceptance according to international law by at least 60 states …” „… part: Establishment of the Court (art. 1–4)2nd part: Jurisdiction, Admissibility and Applicable Law …”

. History of International Criminal Law S. 222-234

„… hand, with the application of agenerally binding international criminal law instead of German, French …” „… criminal law.II. Versailles and the Leipzig War Crime Trials1. The Versailles Treaty4 The horrors of World …” „… be punishable on the basis of criminal law. Nonetheless, the request ofMoynier marks the beginning of …”

. General Introduction to International Criminal Law S. 216-221

„… imagined without the application of customary law.II. The Enforcement of International Criminal Law10 …” „… 2001, 10; using the example of conspiracy: Cassese, Int. Criminal Law,p. 227.8 For the offence of …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1II. The Enforcement of International Criminal Law …”

. Supranational Criminal Law S. 85-96

„… Criminal Law” . . . . . . . . . . . . . . . . . . . 401. Corpus Juris of criminal provisions for the …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412. Commission Green Paper on criminal-law protection of thefinancial interests of the Community and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46I. Existing Sanctions at Union Level1. The Different Types of European Sanctions1 European law …”

. The General Part of International Criminal Law S. 253-281

„… determinable according to the standards of international law15.* Prohibition of application by analogy: if the …” „… 9.1.580; Page size: 160.00mm 240.00mm§ 13. The General Part of International Criminal LawContents:I …” „… thelaw are complemented by “subsidiary means for the determination of rules of law”,i. e. judicial …”

. Special Part of International Criminal Law S. 282-313

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1511 This section of the book deals with the special part of international criminal law.The …” „… is arbitrariness,77 which is the deprivationof liberty without due process of law.f) Torture73 Art. 7 …” „… , Principles of International Criminal Law, para. 931; Ipsen, in: Fleck, Handbuch,para. 301.91 The laws of war …”

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U.S. Law for Civil Lawyers

Kirk W. Junker (ed.)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2021

Results in this title

Phillip A. Buhler Chapter 10 Application of International Maritime Law: Issues Unique to the United States S. 213-247

„… CHAPTER 10APPLICATION OF INTERNATIONAL MARITIME LAW:ISSUES UNIQUE TO THE UNITED …” „… has its antecedents also in the English maritime law.Chapter 10 Application of International …” „… lawjurisdictions that inherited the English maritime law.In limited circumstances the maritime opinions of state …”

Jacob H. Rooksby Chapter 8 Intellectual Property Protection and Enforcement S. 176-196

„… & Michael J. Meurer, The Private and Social Costs of Patent Trolls, 11(45)Boston University School of Law …” „… and patent, for example, areboth creatures of federal law. These rights can only be obtained from the …” „… . rights. The chapter’s focus is on U.S. law, without consideration of thecountry’s international treaty …”

Katherine M. Simpson Chapter 12 Immigration Law: A View from the Inside S. 268-291

„… assist their clients.The Letter of the LawThe sources of binding authority in U.S. immigration law are …” „… of precedent for cases involving immigration law.The Baltimore Immigration Court, for example, is …” „… these forms with the assistance of an attorney whoregularly practices U.S. immigration law.Priorities of …”

Katherine M. Simpson Chapter 4 United States’ International Arbitration Law and Practice S. 117-137

„… decisions are binding when state law is selected as the lex arbitri and the applica-tion of that case law is …” „… framework for understanding the his-tory and application of “Manifest Disregard of the Law”.89 Stolt-Nielsen …” „… thearbitration.85Judicial Review of Arbitral Awards and Manifest Disregard of the LawOne of the chief …”

Kirk W. Junker, Michael J. Heilman Chapter 14 United States’ Environmental Law as Foreign Law S. 305-334

„… LawThis section on sources of law begins by addressing a civil lawyer’s division of the le-gal world into …” „… think about the particular application of law to facts and makes the E.P.A. po-litically susceptible …” „… is where many lawyers enter environ-mental law, preceding much of the litigation.The answer to this …”

Heidi K. Brown Chapter 3 Civil Procedure Brief Drafting Strategy S. 94-116

„… the standard for judgment as a matter of law, plusthe facts, legal rules, and application of the rules …” „… judgment brief, the lawyer must includethe rule of law governing the relevant claim93 (also called the …” „… rules in questions of law.Appellate briefs can be very voluminous. In addition to drafting the lengthy …”

Titelei/Inhaltsverzeichnis S. I-XXXVIII

„… book is the audience of lawyers and students from civil lawand mixed civil law jurisdictions of the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 9 197Application of International Maritime Law: Issues Unique to the United States …” „… . . . . . . . .VIII. 212CHAPTER 10APPLICATION OF INTERNATIONAL MARITIME LAW: ISSUES UNIQUE TO THE UNITED …”

Gabriela Steier Chapter 15 Food Law: Implementing Food Sovereignty in Sustainable Food Systems S. 335-356

„… noted in Chapter 10, “Application of International Maritime Law: IssuesUnique to the United States,” the …” „… , intellectual property, and international law.Food law exists in all three branches of government. In the …” „… relatively new field of law.In this new field of law, there are many and diverging interests that need the …”

Antonio Lordi Chapter 7 The Back-to-Back Contract: The Birth of a New Contract Type S. 164-175

„… Colorado Lawyer, (1996).Jörn Zons, The Minefield of back-to-back subcontracts, Part 1, in Construction Law …” „… principle of clarity and transparencyand the principle of specularity.Case LawThe leading case in respect to …” „… .,27 the Court continuesthis line of reasoning, notingthat under Arizona law—which requires that a …”

Patrick Sorek Chapter 6 Confidential Information and Restrictive Covenants S. 154-163

„… particular laws of the statewhere the trade secrets are maintained.Common LawIllegal conduct not covered by …” „… law’shigh regard for the protection of private property, in the form of company confidentialinformation for …” „… example, directly and strongly conflicts with the law’s high regard forthe free movement of employees in …”

F. Baicker-McKee Chapter 2 Federal Civil Litigation Steven S. 48-93

„… question jurisdiction is in-tended to promote a uniform application of federal laws across the United …” „… conve-niens, allowing the plaintiff to refile the action in the foreign country.Choice of LawWhen a federal …” „… laws to apply in actions filed in the state court systems. Federal courts bor-row the choice of law …”

P. Matthew Roy Chapter 9 Income Taxation and Audits S. 197-212

„… law of income taxation, as well as the jurisdictions in theUnited States that are authorized to levy …” „… understand the spirit of law in the U.S., it becomesclear that one cannot speak of the federal-state legal …” „… much the same manner as New York. The tax law of eachof those states refer to permanent place of abode …”

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Innovation Competition

Kurz

Series: Europäisches Wirtschaftsrecht

Volume 73 2022

Results in this title

III) Innovation Competition and the scope of its application in EU Competition Law S. 173-258

„… III) Innovation Competition and the scope of its application in EU Competition Law This part will …” „… of its application in EU Competition Law 694 the scope of Article 101 (1) TFEU. However, the approach …” „… ) Innovation Competition and the scope of its application in EU Competition Law “The benefit of this Regulation …”

Titelei/Inhaltsverzeichnis S. 1-20

„… ) Innovation Competition and the scope of its application in EU Competition Law 173 A) Restrictive Agreements …” „… ) Innovation Competition and the scope of its application in EU Competition Law 271 1) Restrictive agreements …” „… the Dow/DuPont merger and its application in the scope of Article 101 and 102 TFEU NomosC.H. Beck …”

IV) Summary S. 259-280

„… Competition Law B) Innovation Competition and the scope of its application in EU Competition Law 1 …” „… application in EU Competition Law (c) No application of the innovation competition approach in cooperation …” „… provision 278 B) Innovation Competition and the scope of its application in EU Competition Law but also by …”

II) Innovation Competition: The Dow/DuPont Decision S. 24-172

„… an integral part of primary Union law. Outsourcing the objective of undistorted competition into a …” „… is the aim of competition law and policy to create the best possible competition. It is not the …” „… cooperation from the application of Article 101 TFEU.53 Article 179 (1) TFEU establishes a triad of objectives …”

Bibliography S. 281-287

„… , Mike: The Economics of EC Competition Law: Concepts, rd Application and Measurement, 3 edition, London …” „… : Innovation in EU Merger Control. Remarks prepared for the 66th ABA Section of Antitrust Law Spring Meeting …” „… Enforcement of the Clayton Act, 83 The George Washington Law Review (2015), Volume 6, p. 1919-1947. Gilbert …”

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Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

Jakub Urbanik (ed.), Adam Bodnar (ed.)

2021

Results in this title

Adam Ploszka Efficiency of the European Court of Human Rights Priority Policy. The Case of Applications Related to the Polish Rule of Law Crisis S. 539-554

„… OF APPLICATIONS RELATED TO THE POLISH RULE OF LAW CRISIS Abstract The article examines a special …” „… application can only be lodged after all domestic remedies are exhausted. 36 The rule of law crisis in …” „… , which the Minister was allowed to issue within 6 months from the date of the new law’s entry into force …”

Marek Safjan Symmetry in Search of an Appropriate Response to the Crisis S. 605-622

„… obliged the Republic of Poland to immediately suspend the application of the provisions of the law on the …” „… protection as regards the application of EU law. National judges are therefore simultaneously European …” „… necessarily for traditional and established ‘connecting factors’ for the application of EU law. To require …”

Christophe Hillion Empowering the Filibuster – the EU General Conditionality Mechanism in the European Council S. 241-256

„… application of an instrument deemed necessary for countering Member States’ breaches of the rule of law …” „… application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism (2021/2582(RSP …” „… normal law-making process to adopt the Regulation, including the use of Qualified Majority Voting (QMV …”

Andrzej Drzemczewski The Erosion of the Rule of Law and of Judicial Independence in Poland since 2015: the Council of Europe’s Reaction – too Little, too Late? S. 149-168

„… laws on the National Council of the Judiciary, to the Supreme Court and to the Law on Ordinary Courts …” „… 149 Andrzej Drzemczewski THE EROSION OF THE RULE OF LAW AND OF JUDICIAL INDEPENDENCE IN POLAND …” „… erosion of the Rule of Law in the country as of 2015 and with it the undermining of judicial independence …”

Koen Lenaerts The Autonomy of the EU Legal Order S. 387-402

„… Constitutional Court on the application of EU law in Poland. In a passage referring to that case law, he rightly …” „… application and uniform interpretation of [EU] law and also in the protection of individual rights conferred …” „… involve the application and interpretation of EU law. That case involved the application of an arbitration …”

Vilenas Vadapalas Res Judicata in Comparative Perspective of International Law, European Union Law and European Convention of Human Rights S. 743-754

„… Court ruled that Community law precludes the application of a provision of national law, which seeks to …” „… characterization of the same act as lawful by internal law. It does not mean however that international courts are …” „… that it stems from an independent source of law, namely the Treaties, by its primacy over the laws of …”

Stephanos Stavros Tribunal Established by Law: Some Thoughts on the Guðmundur Andri Ástráðsson v Iceland Judgment of the European Court of Human Rights S. 679-692

„… law, in the case of Guðmundur Andri Ástráðsson v Iceland. The judgment is likely to have major …” „… example of the fertile dialogue recently instituted between Strasbourg and Luxembourg on ‘rule of law …” „… powers and the rule of law. Keywords Right to a tribunal established by law; Judicial independence …”

Lech Garlicki Polish Judicial Crisis and the European Court of Human Rights (a few Observations on the Ástráðsson Case) S. 169-182

„… ‘to defer to the national courts’ interpretation and application of domestic law’ (para 251), the …” „… irregularity of appointment may affect the right to a ‘tribunal established by law’ in all cases decided with …” „… Human Rights; the European Court of Human Rights; Ástráðsson v Iceland; Tribunal established by law …”

Dieter Grimm Judicial Behaviour under Political Pressure S. 219-226

„… seriously’.14 The difference from the ideal theory is that the conditions of the application of the law …” „… Union, which is devoted to democracy and the rule of law, transformations of the political and legal …” „… , the members of the Court, when deliberating the case, were well aware that declaring the law null and …”

Zdeněk Kühn The Rise and Fall of Central Eastern European Constitutional Courts S. 373-386

„… post-communist application of law, and teach new proper methods of how to approach application of the law. They …” „… application of legal norms are subordinated to their substantive purpose; the law is qualified by respect for …” „… , their case law was often one-sided, especially in comparison with the application of similar principles …”

Uwe Kischel Step Forward for Europe – the German Constitutional Court’s Decision on PSPP S. 301-322

„… character of EU law with respect to the national approval laws and national constitutions. Apart from that …” „… regarded as part of the Basic Law’s constitutional identity, which in turn is protected against …” „… rule of law, democracy, as well as checks and balances. For the immediate future, the judgement raises …”

Matthias Ruffert Ultra Vires: Four Reasons for Distinguishing S. 587-594

„… ensure that in the interpretation and application of the Treaties the law is observed.’, and no other …” „… attitude of the Polish government towards EU law. This perspective is flawed and ignores in particular the …” „… (Integrationsverantwortung). The use of the judgment for weakening the rule of law in Europe is abusive. Keywords PPSP …”

Allan F. Tatham ‘Choose Your Judges Wisely’: Use of Third Parties in Selecting Members of International Courts S. 693-704

„… independence and accountability of international tribunals’, The Law and Practice of International Courts and …” „… with regional NGOs; (f) two distinguished jurists nominated jointly by the Dean of Faculty of Law of …” „… the University of the West Indies, the Deans of Faculties of Law of any of the Contracting Parties …”

Frank Clarke, Rachael O’Byrne The Influence of the Common Law Tradition on the Development of Written Constitutions: An Irish Perspective S. 129-140

„… influenced the evolution of the Irish common law had no application. It was in those circumstances that the …” „… application of the Convention was not the only way in which the case law of the European Court of Human …” „… incumbent on the State in the exercise of its law-making powers. Another noteworthy aspect of the Indian …”

Jakub Urbanik, Paweł Marcisz Juristocracy Rainbow-Tested: The Case of Poland S. 705-742

„… priority policy. The case of applications related to the Polish rule of law crisis’, pp. 539–554, and M …” „… law-makers these three bodies created considerable obstacles to the previously uncontrolled execution of …” „… ) rights of the LGBTQ+ community, and pave the way for the law-makers. Just to mention the few most …”

Adam Łazowski Legal Adventures of the Man on the Clapham Omnibus S. 415-426

„… under the circumstances. This contribution does not offer a complete exegesis of the relevant case-law …” „… publications: J. McCaughran, ‘Implied terms. The journey of the man on the Clapham Omnibus’, Cambridge Law …” „… if he professes to be one then the law requires him to show such skill as any ordinary member of the …”

Jerzy Zajadło Aesthetics of Law: Old Wine in a New Bottle S. 787-796

„… on the level of a prima facie application of law. Upon closer in vestigation, these doubts can be …” „… of the legal systemic which dominates, but rather law’s ugliness, oppressive nature, and random ness …” „… 787 Jerzy Zajadło AESTHETICS OF LAW: OLD WINE IN A NEW BOTTLE Abstract The article presents a …”

Stephan Breitenmoser, Oliver Schmid The Right to Abortion in the European Convention of Human Rights S. 105-118

„… uphold and develop the law and the institutions for the protection of human rights in Poland, where he …” „… was for many years a professor of law and first director of the Human Rights Centre at the University …” „… about the new area of the rule of law in central and eastern Europe as well as about the preparation of …”

Regina Kiener, Ivan Gunjic The Election of Federal Judges in Switzerland and the Rule of Law S. 289-300

„… the correct and uniform application of federal and international law.8 The Federal Criminal Court …” „… 289 Regina Kiener / Ivan Gunjic THE ELECTION OF FEDERAL JUDGES IN SWITZERLAND AND THE RULE OF LAW …” „… problematic in view of the principle of the rule of law, they do not seem to attract as much criticism as the …”

Bertil Cottier Commission européenne contre le racisme et l’intolérance ou l’expertise, le pragmatisme et le doigté au service de la lutte contre les discriminations S. 141-148

„… , Faculty of Law, University of Lausanne. Former professor of communication law of the Faculty of …” „… Law department of the Ministry of Justice and finally as deputy director of the Swiss Institute of …” „… Comparative Law. Currently, chairman of the Swiss section of Reporters without Borders, member in respect of …”

Martin Krygier The Spirit of Constitutionalism S. 357-372

„… ), ‘velvet’ (Czechoslovakia), and that they would establish democracy, the rule of law, a ‘law-governed …” „… constitutional or even ‘public’ law, but extends to the gamut of laws in a legal order. I would argue, further …” „… constitutional devices ‘just as brakes upon the law-making process, ways of slowing things down, points of …”

Jiří Přibáň Constitutional Theory and the Imaginary of Human Rights S. 555-566

„… select between legitimate and illegitimate laws by introducing the category of ‘just law’ while …” „… force and remain the subject of constantly recurring interpretive efforts. The law’s neutrality is then …” „… social systems theory’s view that the law’s principled function of neutralizing political and social …”

Jiří Zemánek Facing Decline of Democracy: The View of the Czech Constitutional Court S. 797-802

„… of laws falls within the realm of impermissible interference with a law-based state, which could be …” „… abuse their law-making powers to the detriment of the rule of law and fundamental rights of individuals …” „… inferred by the case-law of the Constitutional Court and implemented by lawmaking authorities. 1 Article …”

Titelei/Inhaltsverzeichnis S. I-XXXIII

„… The Bumpy Road to Rule of Law Enforcement: The Commission’s 2020 Annual Rule of Law Report …” „… .............................................................. 69 Leonard Besselink On Some of the Pre-Conditions for Democracy under the Rule of Law …” „… Rights .............................. 105 Marta Bucholc Telling the Tale of Law after a Hostile Takeover …”

Ben Smulders Some Reflections about the Role of the Rule of Law in a Democratic System in which the European Union Operates S. 665-678

„… application of the law. In relation to the substantive conditions and procedural rules governing the adoption …” „… 665 Ben Smulders SOME REFLECTIONS ABOUT THE ROLE OF THE RULE OF LAW IN A DEMOCRATIC SYSTEM IN …” „… the fundamental rights and freedoms of the minority and its individual members, the rule of law is …”

Tomasz Tadeusz Koncewicz The Constitutional Adjudication on the Frontier S. 337-356

„… come up with divergent interpretations of the systemic relationship between EU law and national laws …” „… premise. EU law and national laws are distinct yet closely interwoven bodies of laws. It recalibrates the …” „… purest forms, both centred around a discursive model of law and a dispute regarding the law’s meaning …”

Marta Bucholc Telling the Tale of Law after a Hostile Takeover S. 119-128

„… on the performative dimension of law as a narrative to explore the limits of law’s power to create …” „… Luhmann on the autonomy of the legal system’, Law & Society Review 23.5 (1989), pp. 779–798. Marta …” „… of telling the story. 3. Revolutionary Critique of Law in Poland Revolutionary lawmaking usually …”

Leonard Besselink Some of the Pre-Conditions for Democracy under the Rule of Law S. 83-92

„… 83 Leonard Besselink ON SOME OF THE PRE-CONDITIONS FOR DEMOCRACY UNDER THE RULE OF LAW Abstract …” „… of openness as a major precondition of democracy under the rule of law. The crisis of democracy in …” „… democracy under the rule of law. I offer them in the awareness that we always bring with ourselves our …”

Adam Bodnar The Role of the Commissioner of Human Rights of the Republic of Poland in the Fight for Rule of Law in Poland S. 93-104

„… applications related to the Polish rule of law crisis’, in this volume, pp. 149 and 539, respectively. There …” „… IN THE FIGHT FOR RULE OF LAW IN POLAND Abstract The period 2015–2020 saw a fundamental attack on the rule of …” „… law in Poland. The basic principles of the constitutional order were undermined, the independence of …”

Matthias Mahlmann Lies, Contempt, and Democracy. The Politics of Falsehood and the Destruction of Democracy’s Life-World S. 441-454

„… laws and as epistemic equals. 2.2. Democracy and the Rule of Law 2.2.1. Why Submitting to the Rule of …” „… , the prohibition of retroactive laws, the prohibition of analogy in criminal law, the right to a …” „… are of relevance here – democracy, the rule of law and the public sphere. Second, we will explore the …”

András Sajó Demons Exposed: Freedom of Expression Justifications Challenged by the Internet S. 623-638

„… day by experts of the law (judges and specialist lawyers). The current problem is that the regulation …” „… ) (a) of the Communications Act 2003 for what that law calls ‘grossly offensive communication …” „… reflected in law and are established in more or less regulated and transparent process, at the end of the …”

Wulf-Henning Roth Private als Adressaten der Unionsgrundrechte S. 567-586

„… Eigenständigkeit des Privatrechts, Tübingen 2001. 2 Z.B. D. Leczykiewicz, „Horizontal application of the Charter …” „… of Private Law 24 (2016), S. 673–686 (676). 4 Vgl. etwa E. Frantziou, „The Horizontal effect of the …” „… Rechtsgrundsätzen“ aus früherer Zeit: T. Tridimas, The General Principles of EC Law, Oxford 1999 (1. Aufl.), S. 202 …”

Peter M. Huber Grundrechtsschutz im Verbund S. 257-274

„… Königreich: UK Supreme Court, Entscheidung vom 22. Januar 2014, Nr. [2014] UKSC 3 – R (on the application of …” „… law in Poland“, Hague Journal on the Rule of Law 11 (2019), S. 417, 418. 116 J. Nergelius, „Offene …” „… : The Impact of the ECHR on National Legal Systems, Oxford 2008, S. 31–674. 25 Vgl. C. Grabenwarter & K …”

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Protecting Muslim Minority Women's Human Rights at Divorce

Tone Linn Wærstad

Series: Oslo Legal Studies

Volume 2 2017

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Titelei/Inhaltsverzeichnis S. 1-22

„… 13.3.1 349 Integrating international human rights law in the application and interpretation of national …” „… 3.3 62 Sources of Muslim law in this project3.4 63 The different modalities of divorce in Muslim laws …” „… Department of Women’s Law—my academic home within the institute. I would also like to thank the Dean of …”

Part V Conclusion S. 343-356

„… in the application and interpretation of national law.787 The study suggests that national law must …” „… level of human rights law to the different spheres; Muslim laws in informal and formal variants …” „… the application of a precautionary approach. The findings of the study, however, indicated certain …”

Part III Protection against discrimination when the husband pursues a divorce S. 179-238

„… correspond well with the principle of universal application in human rights law. In any case even if the …” „… Recognition of divorces based upon Muslim laws in Norway 195 Application of the ordre public reservation in …” „… jurisdiction, the Muslim family law in question will be based on an actual legal codification of Muslim family …”

Part I Background and context S. 23-126

„… is the application of the international protection against discrimination in national law through …” „… Muslim law Language, terminology and concepts The body of literature related to the use of Muslim laws …” „… also occur in the application of Muslim laws. Central legal concepts in Muslim laws are introduced in …”

Part IV Protection against discrimination regarding partition of marital assets at divorce S. 239-342

„… “when the States parties examine the application and effects of laws and policies and ensure that they …” „… the application and economic effects of Norwegian laws and policies upon Muslim minority women at the …” „… dispute resolution as well as choice of law clauses that may be invoked before Norwegian courts. The …”

Part II Protection against discrimination when the wife pursues a divorce S. 127-178

„… the application of Muslim laws from a women’s perspective, describes sharia councils as “unofficial …” „… Norwegian law for the use of Muslim family laws regarding the matter of mediation and reconciliation and of …” „… Norwegian law and Muslim laws. These other forms of general dispute mediation within the Norwegian legal …”

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Culture and Law

Stephanie Rohlfing-Dijoux (ed.), Uwe Hellmann (ed.)

2022

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Stephanie Rohlfing-Dijoux, Professor University Paris Nanterre, The application of end-of life legislation to minors : A Comparative approach between French, German and English Law S. 90-105

„… Stephanie Rohlfing-Dijoux, Professor University Paris Nanterre, The application of end-of life …” „… legislation to minors : A Comparative approach between French, German and English Law Abstract The application …” „… autonomy is at the core of the legislation209. The patient becomes the central actor of the law and may …”

Kartina A. Choong, Associate Professor University of Central Lancashire, UK, Re M (Declaration of Death of Child) [2020]: “No Best Interests to Consider”? S. 105-114

„… (2016), p.39 Rohlfing-Dijoux, Stephanie, The Application of End-of-life Legislation to Minors in France …” „… , End-of-life and terminal care for minors under German Law, p.55 Sargent Sarah, Charlie’s Law : Clarifying the …” „… ; A.C. Miller, et. al., ‘Brain Death and Islam: The Interface of Religion, Culture, History, Law, and …”

Angie Schneider, PhD Privatdozentin, Universität Potsdam, End-of-life and terminal care for minors under German law S. 79-89

„… . § 1901a (1) C. I. II. 1. a. CHAPTER III: Application of end of life rules to vulnerable persons 84 of the …” „… Code to adults.201 A judicial consent to the termination of life-sustaining measures in application of …” „… longer the power to decide about medical and end-of-life measures. b. CHAPTER III: Application of end of …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Cross-fertilization of Views on the End of Life Stephanie Rohlfing-Dijoux | Uwe Hellmann (eds.) Culture and Law …” „… Rohlfing-Dijoux, Stephanie | Hellmann, Uwe Culture and Law Multidisciplinary Cross-fertilization of Views on the …” „… prior permission in writing from the publishers. Under § 54 of the German Copyright Law where copies …”

Sophie Garcelon, Ancien avocat, Consultante et Coach professionnel – Wingsanté, Deep and continuous sedation until death – 2 February, 2016 French law strengthening the rights of patients at the end o... S. 69-78

„… application of the current law and previous laws". The CCNE also intends to identify "the exceptional …” „… , Perspectives of law and culture on the end of life legislations in France, Germany, India, Italy and United …” „… , Deep and continuous sedation until death – 2 February, 2016 French law strengthening the rights of …”

Dr. Richard Wai Ming Law, Consultant Physician in Acute Medicine, Department of Urgent Care, Tameside & Glossop NHS Foundation Trust, Ashton-under-Lyne, UK, End-of-Life Care in the UK from a Resource ... S. 150-166

„… , Autonomy, and Cost in End‐of‐Life Care” The Journal of Law, Medicine & Ethics 39 (2011) p172–182. 150 alise …” „… treatments.462 In R (on the Application of Coughlan & Ors) v North & East Devon Health Authority, the court …” „… 462 National Health Service Act 2006 s.1 (1b). 463 R (On the Application of Coughlan & Ors) v North …”

Volker Lipp, Professor Dr. Dr. h. c., Georg-August-University Göttingen, Germany: « Euthanasia » – A Comparative Legal Perspective S. 115-135

„… overview of the current law related to euthanasia, more specifically to terminating life and assisted …” „… the case law of the European Court of Human Rights. “Euthanasia” and other concepts Euthanasia is …” „… the ECHR concluded that “Swiss law, while providing the possibility of obtaining a lethal dose of …”

Anand N Raut, PhD, Assistant Professor, Maharshtra National Law University Mumbai, Select Religious Practices and Death: An analysis from Indian legal Perspective S. 177-188

„… , and the right to die was not considered part and parcel of the right to life. Law Commission of India …” „… 479 advocated the abolition of a law penalising suicide. In State v. Sanjay Kumar Bhatia480 Hon’ble …” „… , wherein the Hon’ble Bombay High Court observed that the aforementioned law was violative of the right to …”

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Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

Federal Constitutional Court (ed.)

2013

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BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… marriage also had to continue for financial reasons. Finally, the application of the new divorce law to …” „… divorces. The application of the new divorce law to marriages which were concluded prior to 1 July 1977 is …” „… application of the old law. 3. The application of the new divorce law to prior marriages is also …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… German international private law and the application of foreign law invoked thereby in individual cases …” „… foreign law. Article 30 of the Introductory Act to the Civil Code proved no obstacle to the application of …” „… substantive law. The application of Spanish law which was necessary according to Article 13.1 of the …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… satisfied, the order of the Local Court, issued without an application, lacked a basis under procedural law …” „… Convention into German law and made an order on the application of the law to this effect. Within the German …” „… include the effects on the national legal system in their application of the law. This applies in …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… their claim under Article 103.1 of the Basic Law. 397 1. Interpretation and application of …” „… non-constitutional courts for review of the application of non-constitutional law apply mutatis mutandis to the law …” „… determines the form and application of procedural law (BVerfGE 53, 30 (65); 55, 171 (182); 79, 51 (66-67 …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… ” HEADNOTE: Decision regarding the constitutional permissibility of analogous application of the law. Order …” „… application of a provision to a case not covered by its wording. This development of the law however takes …” „… courts of analogous application of the law is restricted to whether the non-constitutional court has been …”

BVerfGK 4, 339 Order of the Third Chamber of the First Senate of 28 December 2004 – 1 BvR 2790/04 “Görgülü II case” Arbitrary review of an unappealable arrangement for access – binding effect of a decision of the European Court of Human Rights – weighing of consequences with regard to contact in the form of access S. 714-723

„… December 2004 – 14 WF 236/04 – here: application for a temporary injunction RULING: 1. The effect of the …” „… guardian withdrew their complaints. 3. On the application of the complainant, the Local Court, on 2 …” „… with the application for the issue of a temporary injunction, had been served on those entitled to make …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… rights largely influences the form and application of procedural law. The obligation imposed on the state …” „… permanent damage arising (Article 6.2 sentence 2 of the Basic Law (Grundgesetz – GG)). Order of the First …” „… the complainant in 3) under Article 2.1 in conjunction with Article 1.1 of the Basic Law. The matter …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… responsible member of a society that corresponds to the Basic Law’s concept of society has a right to …” „… Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG), that parents should protect the rights of …” „… constitutionally protected rights. 2. Safeguarding the undisturbed administration of the criminal law and the …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… born out of wedlock” HEADNOTES: 1. Article 6.2 of the Basic Law (Grundgesetz – GG) is violated when the …” „… of wedlock is ruled out by force of law after the child’s declaration of legitimacy even when the …” „… Law to either deny the legal advantages associated with the declaration of legitimacy to children born …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… reasonable period is an application of Article 6.1 of the Basic Law factually justified from the aspect of …” „… , Such burdens are covered by the scope of application of Article 6.2, first sentence, of the Basic Law …” „… , of the Basic Law establishes a fundamental right allowing foreign spouses or family members to claim …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… of the protection of fundamental rights by the further refining and application of procedural law by …” „… fundamental rights also to a large extent affects the drafting and application of procedural law (see BVerfGE …” „… fundamental right under Article 6.2 sentence 1 in conjunction with Article 20.3 of the Basic Law (Grundgesetz …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… and is also in accord with the value determination of Article 6.1 of the Basic Law. b) The application …” „… the principle of the rule of law. Application of the provision was said to permanently deprive parents …” „… against Article 2.1 of the Basic Law because its application to the parental right of upbringing is …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… non-constitutional courts are required in the application of the law to take sufficient account of the guarantees of …” „… of the law enters into effect it is provisionally ordered that the Family Court, on the application …” „… : …, lawyer in Law Firm … – 1. directly challenging a) the order of the Bad Oeynhausen Local Court …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… the Basic Law. a) Based on the analogous application of § 57.1 no. 9 of the Act on Matters of Non …” „… Authorities and the Law Applicable in Respect to the Protection of Infants) of 5 October 1961 (Federal Law …” „… and 6.3 of the Basic Law (Grundgesetz – GG). The mother could not be blamed for being unable to raise …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… established, as guaranteed by Article 6.1 of the Basic Law (Grundgesetz – GG), does not as a rule give rise to …” „… expulsion, do not justify adoption in accordance with the case-law of the Higher Regional Courts (see most …” „… does not give rise to acquisition of nationality in accordance with German nationality law. The …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… Article 6.1 of the Basic Law. The particular protection of marriage in Article 6.1 of the Basic Law does …” „… infringe Article 3.1 of the Basic Law that persons of different sex cohabiting with each other and groups …” „… , BGBl I, p. 266), amended by Article 25 of the Ninth Book of the Code of Social Law (Neuntes Buch …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… applications submitted by the Local Courts of Cologne and Bensberg under Article 100.1 of the Basic Law are …” „… that the application of Article 3.1 of the Basic Law is always based on a comparison of living …” „… under constitutional law of § 1629.1 of the Civil Code as amended by the Equal Rights Act of 18 June …”

Titelei/Inhaltsverzeichnis S. I-XXVIII

„… exerts an influence on the interpretation and application of non-constitutional law. At the same time …” „… topics international law/law of the European Communities, freedom of speech, questions of law arising …” „… storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… fair trial, in line with the rule of law. 176 The limits also imposed on application of the law by the …” „… not comprehensible, and hence violate the Basic Law’s prohibition of arbitrariness (BVerfGE 18, 85 (92 …” „… complainant under Article 2.1 of the Basic Law (Grundgesetz – GG). It is reversed. The case is referred back …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… with other federal law, on application of the Federal Government, of a Land government, or of one …” „… laws. Within the limits of their functions designated by a law, associations of municipalities shall …” „… obligations under this Basic Law or other federal laws, the Federal Government, with the consent of the …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… – violates the fundamental right of the complainant under Article 2.1 of the Basic Law (Grundgesetz – GG). 2 …” „… in constitutional law. It does this in the form of social assistance, which it also grants as …” „… Konsolidierungsprogramms – FKPG) of 23 June 1993 (Federal Law Gazette (Bundesgesetzblatt – BGBl) I p. 944), § 91 of the …”

Index S. 937-956

„… 314-316 application of the law, order on 701 arbitrariness 182, 557 – prohibition of 10, 110, 177, 179 …” „… , 762-763, 765 – right to parental care and upbringing 804, 816 · in Article 6.2 sentence 1 of the Basic Law …” „… , not constituting a family within the meaning of Article 6.1 of the Basic Law 585 – similar to marriage …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… maintenance of the divorced and the new wife in accordance with the Basic Law, while the application of the …” „… compatible with Article 6.1 in conjunction with Article 3.1 of the Basic Law (Grundgesetz – GG) if, in cases …” „… Article 1 no. 20 of the First Act for the Reform of Matrimonial and Family Law (Erstes Gesetz zur Reform …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… and application of non-constitutional law, in particular in the application of general clauses, such …” „… 6.1 of the Basic Law (Grundgesetz – GG), which is intended to preserve marriage. She states that the …” „… required by Article 6.1 of the Basic Law or with regard to equal rights for men and women under Article 3.2 …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… conjunction with Article 6.1 of the Basic Law (Grundgesetz – GG) in its application to the 1987 assessment …” „… : Art 6.1 of the Basic Law (Grundgesetz – GG) requires that with regard to the taxation of a family the …” „… law on social assistance forms the boundary for minimum income in terms of income tax which may be …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… : § 10.3 of the Fifth Book of the Code of Social Law (Fünftes Buch Sozialgesetzbuch – SGB V) does not …” „… violate Article 3.1 in conjunction with Article 6.1 of the Basic Law (Grundgesetz – GG) insofar as it …” „… – …– and of 12 August 1997 – …–, 2. indirectly against § 10.3 of the Fifth Book of the Code of Social Law …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… ” HEADNOTE: It is incompatible with Article 6.4 of the Basic Law (Grundgesetz – GG) if periods in which women …” „… prohibitions of employment under maternity protection law, taken into account in the calculation of the …” „… – BGBl) I p. 594) was compatible with Article 3.1 and Article 6.4 of the Basic Law (Grundgesetz – GG …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… interpretation and application of constitutional civil-law provisions is the task of the civil courts. In doing …” „… application of the law as well (see BVerfGE 7, 198 (205 et seq.); established case-law). This requires a …” „… interpretation and application of constitutional provisions of private law, the fact has been overlooked that …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… fundamentally misjudged in the interpretation and application of non-constitutional law (see BVerfGE 18, 85 …” „… – violates the complainant’s fundamental right under Article 6.1 of the Basic Law (Grundgesetz – GG). The …” „… the fundamental right of 669 the complainant re 1 under Article 6.1 of the Basic Law. The judgments …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… conjunction with Article 3.2 of the Basic Law (Grundgesetz – GG). The judgment is reversed. The case is …” „… Article 6.1 in conjunction with Article 3.2 of the Basic Law. The judgment is reversed. The case is …” „… Article 6.1 in conjunction with Article 3.2 of the Basic Law. The judgment is reversed. The case is …”

BVerfGE 42, 95 Order of the Second Senate of 6 April 1976 – 2 BvR 61/76 “Pre-trial detention I case (visiting permission)” Permission for spouses and children of pre-trial detainees to visit outside general visiting days S. 122-126

„… (Landgericht) of 3 December 1975 – 26 Qs 68/75 – and application for a temporary injunction. RULING: 1. The …” „… fundamental rights of the complainants under Article 6.1 of the Basic Law (Grundgesetz – GG). They are …” „… 1.1, 2.2, 6.1, 6.2, 20 and 104.1 of the Basic Law. He claims that his spouse is unable to visit him on …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… values. 3. Article 6.1 of the Basic Law’s function as a fundamental provision that determines values …” „… constitutional review of § 26 of the Income Tax Act 1951, it is Article 6.1 of the Basic Law’s effect as a …” „… court’s submission made pursuant to Article 100.1 of the Basic Law (Grundgesetz – GG) and § 80.1 of the …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… application of the complainant re 1, submitted in 1999 after the entry into force of the Act Reforming the Law …” „… that takes sufficient account of their parental right under Article 6.2 of the Basic Law, with due …” „… wedlock but who separated before the entry into force of the Act Reforming the Law of Parent and Child on …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… right contained in Article 6.1 sentence 1 of the Basic Law. Judgment of the First Senate of 3 November …” „… the version of the Act Reforming the Law on Parental Custody (Gesetz zur Neuregelung des Rechts der …” „… Code in the version of Article 1 no. 20 of the Act Reforming the Law on Parental Custody of 18 July …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… Article 6.1 and 6.2 of the Basic Law that the rejection of the application for contact had in particular …” „… ” HEADNOTES: 1. Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG) protects the natural father who is …” „… legal position of father. He must be given the possibility under procedural law of attaining the legal …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… declaration of residence the punishment imposed in 1965, had repeatedly infringed provisions of the law …” „… in Germany, but made no separate application of her own. The action was dismissed. In the grounds of …” „… the law. The foreign national concerned is not being used as a mere means of deterring others. Since …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… constitutional requirement that the judge must examine whether the application of provisions of civil law …” „… his (Article 2.1 in conjunction with Article 1.1 of the Basic Law (Grundgesetz – GG)), the legislature …” „… Basic Law if the courts, on the ground of violation of the right to informational self-determination of …”

BVerfGE 97, 332 Order of the First Senate of 10 March 1998 – 1 BvR 178/97 “Graduated kindergarten contributions case” Kindergarten contributions graduated by family income S. 372-385

„… income tax laws (Article 105.2 in conjunction with Article 106.3 of the Basic Law). The kindergarten fee …” „… ) § 90.1 sentence 2 of the Eighth Book of the Code of Social Law (Achtes Buch Sozialgesetzbuch – SGB VIII …” „… Kindergartengesetz – KiGaG) of 14 December 1989 in the version of the Act of 21 June 1993 (Law and Ordinance Gazette …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… forms of family under the law on child benefit. Order of the First Senate of 29 October 2002 – 1 BvL 16 …” „… Implementing the Savings, Consolidation and Growth Programme of 21 December 1993 (Federal Law Gazette I p. 2353 …” „… ) was incompatible with Article 3.1 of the Basic Law (Grundgesetz – GG). In the event of the legislature …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… help so that it can develop into a responsible member of society in keeping with the Basic Law’s image …” „… right to parental care and upbringing in Article 6.2 sentence 1 of the Basic Law corresponds with this …” „… Basic Law, which is associated with the imposition of an obligation on a parent to have contact with his …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… interpretation and application of § 1570 of the Civil Code in case-law established by the legislature through the …” „… is in breach of Article 6.5 of the Basic Law to determine the duration of a maintenance claim granted …” „… sentence 3 of the Civil Code, on the other hand, is incompatible with Article 6.5 of the Basic Law. 2. The …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… burdens case” HEADNOTES: 1. Article 6.1 of the Basic Law contains a special principle of equality. It …” „… linked to the existence of a marriage (Article 6.1 of the Basic Law) or to the exercise of parental …” „… rights in a marital child-raising community (Article 6.1 and 6.2 of the Basic Law). 2. Over and above the …”

BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR 133/67 “Duty to promote families case” Decision on the duty of the state to promote families S. 45-50

„… (Kindergeldergänzungsgesetz – KGEG) of 23 December 1955 – Federal Law Gazette I p. 841 –. RULING: The constitutional complaint …” „… (Child Benefit Supplementary Act – KGEG) of 23 December 1955 – Federal Law Gazette I p. 841 –). The …” „… countries were entitled to child benefit on the basis of international law (see Articles 39 et seq. of …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… periods in statutory pensions insurance emerges from Article 74 no. 12 of the Basic Law (Grundgesetz – GG …” „… ). The Federation was empowered in accordance with Article 74 no. 7 of the Basic Law to enact the …” „… Benefits Act did not violate the Basic Law by not placing periods of child-raising, in general terms, on …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… inhabitants, is incompatible with Article 28.1 sentence 2 of the Basic Law (Grundgesetz – GG). Order of the …” „… compatible with Article 28.1 sentence 2 of the Basic Law to the extent that it does not permit former spouses …” „… Code of the Land (state) Baden-Württemberg (Law Gazette 1983 p. 578) is incompatible with the Basic Law …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… application of Article 6.1 of the Basic Law is contingent on the new family community being economically …” „… Insurance Code (Reichsversicherungsordnung – RVO) are incompatible with Article 6.1 of the Basic Law insofar …” „… 1957 (Federal Law Gazette (Bundesgesetzblatt – BGBl.) I p. 88) and of § 7 no. 4 of the Act 75 Promoting …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… required (§ 50b of the Act on Matters of Non-Contentious Jurisdiction), is in compliance with the Basic Law …” „… created by the Act on Equal Rights of Men and Women in the Field of Civil Law (Gesetz über die …” „… into account the abolition of the fault principle in the law on divorce. § 1671 of the Civil Code has …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… constitutional law if the principle of proportionality is strictly observed. Order of the First Senate of 17 …” „… conjunction with Article 6.3 of the Basic Law (Grundgesetz – GG). The decision is reversed. The case is …” „… the Act on Equality of Men and Women in the Area of Civil Law (Gesetz über die Gleichberechtigung von …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… not compatible with Article 2.1 in conjunction with Article 1.1 of the Basic Law (Grundgesetz – GG …” „… of the Civil Code in the version of the Act Amending the Law on Family Names …” „… the date of the publication of this ruling in the Federal Law Gazette, each spouse shall provisionally …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… , law-abiding administration in the interplay of political forces (confirmation of Decisions of the Federal …” „… , law-abiding administration in the interplay of political forces (see BVerfGE 11, 203 (216-217); 39, 196 (201 …” „… of civil servants’ welfare (Article 33.5 of the Basic Law (Grundgesetz – GG)) to pay maintenance to …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… : It is not compatible with Article 3.1 in conjunction with Article 6.1 of the Basic Law (Grundgesetz …” „… § 55.2, as well as § 57, of the Eleventh Book of the Code of Social Law (Elftes Buch Sozialgesetzbuch …” „… conjunction with Article 6.1 of the Basic Law insofar as members of social longterm care insurance who care …”

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The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Anca Daniela Chirita

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

Results in this title

The Scope of Application of the Market Dominance Laws S. 79-82

„… competition law extends the area of application of the abuse of market dominance beyond the common established …” „… 79 2. The Scope of Application of the Market Dominance Laws As subjects of dominance, before its …” „… exist. The special feature of Section 20(2) is that it widens the scope of application of Section 20(1 …”

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… application of national laws must occur in a manner consistent with EU competition law,29 as national …” „… laws on the abuse of dominance in parallel with Article 82 EC. The parallel application of the 27 Supra …” „… 19 The first Romanian law to represent a transitional period of the country’s competition law …”

Stricter National Abuse of Market Dominance Rules S. 22-24

„… pursued in the name of Article 102.28 The application of national laws must occur in a manner consistent …” „… parallel application of the 27 Supra n 21, Article 3(2). 28 Ibid, Article 3(3). 29 This provision also …” „… allows the application of national rules directed against unfair practices under the German AUC, supra n …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… 158 V. The Analysis and Criticism of the European Commission’s Guidance Paper on the Application of …” „… German competition law and policy, and what kind of transitional regime might be required for the …” „… it really is to reform Article 102 by means of a soft-law instrument, and whether the Guidance …”

National Competition Authorities S. 25-27

„… application of Article 102 and national laws on the abuse of dominance. The Bundeskartellamt or the FCO is set …” „… , based on the existent case law, it is for the Court of Justice or for the General Court to decide …” „… , which has primacy and must follow the case law of the Court of Justice in interpreting the Union’s …”

Bibliography S. 383-395

„… Law Review. Bishop S. and Walker, Mike: The Economics of EC Competition Law - Concepts, Application …” „… Concurrent Application of Competition Law and Regulation: The Case of Margin Squeeze Abuses in the …” „… Microsoft Case, 28(2005)1 World Competition Law and Economics Review. Loozen, Edith: The Application of a …”

The Challenges of EU Competition Law: The European Commission’s Reform Efforts S. 24-25

„… about convergence in the application of Article 102 and national laws on the abuse of dominance. The …” „… 24 4. The Challenges of EU Competition Law: The European Commission’s Reform EffortsPrevious …” „… CC is bound to apply Article 102 TFEU, which has primacy and must follow the case law of the Court of …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… CC could have followed the European case law, the CC inferred a stand-alone concept of unfair pricing …” „… concentration. Representative for the application of the general prohibition against any other unfair trading …” „… damages only at the buyer’s disposal; the application of a re-selling shelves tax to be exclusively …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… literature.1313 Therefore, his advancement of the application of those concepts to non-dominant undertakings …” „… «over»enforced Article 102 beyond the strict letter of the law, i.e. the jurisprudential definition of abuse as …” „… , Unchallenged Market Power?, 33(2010)2 World Comp., 257-74, 272. 323 the substance of the law, including …”

Establishing Market Dominance S. 74-79

„… . 79 2. The Scope of Application of the Market Dominance Laws As subjects of dominance, before its …” „… . 75 position that the case law relates to a position of economic strength on a properly defined …” „… geographic market within the meaning of the ARC may be broader than the scope of its application. Therefore …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… provisions have already led to the application of (four) cumulative conditions, as under the law of …” „… Regulation 1/2003 regarding the application of ex Articles 81 and 82 EC and to the fact that the CC is «bound …” „… by its duty of direct application» of the above provisions, «whose violation may lead to an eventual …”

Brief Historical Overview of National Competition Laws S. 15-19

„… 15 A. A Comparative Review of National Abuse of Market Dominance LawsThe comparative approach …” „… of a dominant market position under EU competition law and the two Member States of Germany and …” „… , remarkable changes have taken place in the competition law and policy of the European Union. On the surface …”

The Dominant Position and the Concept of Abuse S. 82-104

„… O’Donogue/Padilla, supra n 33, 5-6. 263 Article 2(3) Regulation for the Application of the Provisions of Articles 5 …” „… and 6 of the Competition Law 21/1996 regarding anti-competitive practices, OJ 430/2004. See Whish …” „… that market. By virtue of its recent case law, the EU definition of dominance is based upon two key …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… under EU competition law? How broad an interpretation can be applied to the concept of «interoperability …” „… » embedded in the secondary legislation of EU unfair competition law, and why should a directive’s …” „… property rights.1202 This may be a serious flaw in the area of EU unfair competition law because it shows …”

The Relevant Markets S. 104-112

„… 10(1). 394 Generally Gerard/O’Donoghue, The Concurrent Application of Competition Law and Regulation …” „… geographic market within the meaning of German competition law can be wider than the scope of application of …” „… examples of such definitions supported by similar or recent definitions under EU competition law. a) The …”

Final Remarks for Germany S. 379-381

„… comparable standard of economic expertise. The current competition law and policy emphasizes, however, the …” „… inherent difficulties when applying EU competition rules and reflects how, despite the letter of the law …” „… , guidance regarding the application of Article 6 is needed and, therefore, both general and more detailed …”

Selling below Costs S. 252-257

„… interpretation and application. Based on the rule of law, the public enforcer must examine whether there are any …” „… application of Section 20(4) 2nd sentence.1011The general prohibition of Article 6 (a) has included the ban on …” „… policy goal of German competition law lies in the protection of small and medium-sized competitors and in …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… , by its non-disclosure of the existence of patents and patent applications, which were claimed to be …” „… application of the requirements set out under Section 6(1) 6th sentence of the Energy Act does not preclude …” „… the parallel application of 957 Commission, press release, 24 November 2009, MEMO/09/516. 958 HRC …”

Exclusionary Abuses S. 133-142

„… under US antitrust law. Thus, several cases fall outside the area of application of the ARC, especially …” „… litigation as under civil and commercial law. Therefore, the general unfair competition clause of Article 6 …” „… and re-published, OJ 736, 30 October 2008. 514 For the direct application of Article 102 (b) TFEU …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… , broadly applied to refusal-to-supply cases, whilst under EU competition law, the application of some of …” „… exists in particular if an undertaking offers foodstuffs within the meaning of Section 2(2) of the Law on …” „… to» Article 5 Regulation 1/2003 regarding the application of ex Articles 81 and 82 EC and to the fact …”

Final Remarks and Policy Recommendations for Romania S. 376-379

„… competition rules and reflects how, despite the letter of the law, guidance regarding the application of …” „… Abuse of Dominance This final part aims to offer an overall critical evaluation of the competition law …” „… comparative overview of the competition regimes. Thus, its aim is to ensure compliance with EU competition law …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… Approach to Efficiencies and Case Law The balancing of efficiencies is expressly mentioned in Article 101(3 …” „… on competition, especially innovation, research and development. The rule of law, however, requires …” „… introduced, see Fox, Comments on the Discussion Paper of DG Competition on the Application of Article 82 of …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Application of the Market Dominance Laws 793. The Dominant Position and the Concept of Abuse 82a) The …” „… Challenges of EU Competition Law: The European Commission’s Reform Efforts 245. National Competition …” „… Competition Law 68b) The Un(Fair) Competition under the German Act against Restraints 69c) The Balance of Fair …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… anti-competitive practices in the light of Section 24(2)’s fair competition law is made when conduct violates …” „… argued that an application of the more economics-based approach should not focus primarily upon …” „… Approach’ and the Pluralist Tradition of European Competition Law, in: Schmidtchen/Albert/Voigt (ed.) The …”

The Assessment of Market Dominance S. 112-127

„… 112 clarified that the relevant geographic market within the meaning of German competition law can …” „… be wider than the scope of application of the ARC.403Therefore, the relevant geographic market can be …” „… details the legal presumptions of market dominance under German competition law and some selected …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… competition, especially of virtual eantitrust law. 5. The Market-Structure-Conduct Paradigm, Effective …” „… , the controversy surrounds the application of consumer choice as a variable to other methods than …” „… conduct of undertakings. Thus, the efficiency defence restricted the area of application of the ARC, as …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… suits against the undertaking concerned requesting the full recovery of the damage caused.889 The law …” „… (administrative) law in the handling of the complaint concerning anticompetitive practices engaged in by SC D. SA …” „… respectively for the abuse of a dominant position. According to the Romanian administrative law, no deadline is …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… , therefore, are obliged to make networks available for 1238 See, Guidelines on the application of the …” „… regarding the application of Article 102 TFEU. 1258 Ibid, 33. 1259 Ibid, 33-8. In practice, there are cases …” „… recent EU case law contains many such examples. In its first case on the abuse of intellectual property …”

Overview of Major Policy Objectives S. 27-46

„… competition law. The methodological approach, therefore, requires an in-depth understanding of various both …” „… three competition law systems. Therefore, this sub-chapter introduces a comparative understanding of the …” „… , evolutionary perspective of the competition law systems of the Member States and of the Lisbon Treaty in the …”

Discounts and Rebates S. 270-279

„… fair price for the purpose of enforcement of competition law. Pittmann advanced possible methods to …” „… , the Commission relied heavily on the evidence of intent,1117 as in unfair competition law. If a …” „… latter in Intel. In contrast, the application of the «asefficient competitor» who must not incur any …”

Preface S. 11-12

„… classical economics into the language of law facilitates the understanding of such various concepts as …” „… national competition law and of its influence upon EU competition law. Furthermore, the analysis of some …” „… law experience aims to show the extent to which the adoption of Article 6 of its Competition Law (RCL …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… Competition Case Law Professor Glöckner argued in favour of a new understanding of the EU case law on unfair …” „… business-tobusiness acts or «dishonest» trade practices of unfair competition law. For example, in AstraZeneca, the …” „… primary right of the holder in enjoying property protection.1456However, unfair competition law aims to …”

Final Remarks for EU Competition Law S. 381-382

„… also significant challenges of EU competition law in the light of the Commission’s enforcement …” „… transposition of the ordinary meaning of distortions, as under national competition rules, and the application …” „… also Intel and Rambus are incipient of the new key elements. Theoretical competition law aims to give a …”

Predatory Pricing S. 245-252

„… , see the Guidelines on the application of competition rules to access agreements in the …” „… contrast with EU competition law, where the recoupment of losses does not need to be shown, before the CC …” „… competition law, in particular public procurement. The complainant did not prove the existence of an agreement …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… uniform application of the cost-related economic concepts. Therefore, the Eighth Amendment is an example …” „… emphasizes some distinctive features of the German Law against Unfair Competition.13181. Super-dominance v …” „… 325 VII. Concluding Remarks on the Eighth German Amendment and the Case Law The Eighth Amendment to …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… practices involving the application of dissimilar conditions to comparable transactions.1398 In certain …” „… , supra n 134, 749. The recognition of the Freiburg Law School should not disregard other ordo- and …” „… future-oriented; see Raitio, supra n874, 332. 1404 Article 32 Vienna Convention on the Law of Treaties, 23 May …”

Protection v Consumer Welfare S. 209-211

„… law should pursue a public policy under the competition rules of title VII. In contrast, the dynamic …” „… prevent public policy inclusion in EU competition law and the safeguarding of economic freedom as the …” „… consumer welfare through the process of competition itself. Following this line, competition law should be …”

Super-dominance v Paramount Market Position S. 327-329

„… aims to conduct a comparative and critical analysis of selected features of the above competition law …” „… emphasizes some distinctive features of the German Law against Unfair Competition.13181. Super-dominance v …” „… application of the ARC.1322 Thus, in Microsoft the court found super-dominance simply by reference to …”

Selling below Cost in the Food Trade Sector S. 257-259

„… competition law lies in the protection of small and medium-sized competitors and in keeping market entries …” „… freedom, the FCO’s reasoning in the above case law relies on the aim of protecting less powerful …” „… competition law. Section 20(4) addressed the issue of undertakings with superior market power in relation to …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… . 158 V. The Analysis and Criticism of the European Commission’s Guidance Paper on the Application of …” „… German competition law and policy, and what kind of transitional regime might be required for the …” „… it really is to reform Article 102 by means of a soft-law instrument, and whether the Guidance …”

Concluding Remarks on the Final Balancing of Policy Objectives, their Enforcement and Future Challenges S. 46-49

„… principles for the application of the Act against Restraints, as the Commission stressed for Article 102 with …” „… undertakings’ commercial interests. Under German unfair competition law, the policy objective of undistorted …” „… competitors, and the anti-competitive practices of EU competition law. As long as anti-competitive practices …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… considerations of unfair competition law. The practical example is the German distinction between laws and the …” „… of EU law. According to former judges Pescatore and Lecourt, «the function of the ECJ is not to …” „… treaties under international law».876The present teleological interpretation of Article 102 is insufficient …”

Introduction S. 346-349

„… and of EU competition law. It is critical when the latter leaves unfairness as «exceptional …” „… also required. The latter aspects are, indeed, particular forms of unfair competition law that require …” „… competition law, a price may be excessively unfair when it significantly exceeds the economic value of the …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… unfair competition law with public policy. In light of the above, based on its private free competition …” „… competition law. This marks a landmark case for the development of the EU unfair competition. If the …” „… disclosure of trade information and IPRs are included, then, public competition law is the inconvenient truth …”

Reconcilable Tensions of the New Shift S. 165-168

„… other market participants, and to safeguard the static and/or dynamic functions of competition law. Thus …” „… , Posner, supra n 156, 27 argued that «efficiency is the ultimate goal of antitrust» law; Kerber, supra n …” „… Certainty in light of the Form and Effects-based Approach The EU case law on the abuse of dominance rejects …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… whether the modernisation’s efforts adequately reflect a consistent and comprehensive application of …” „… paramount consideration of direct harm are the objectives of unfair competition law. Therefore, if the …” „… of «competition on the merits», which overlaps with unfair competition law. Its ordo-liberal …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… competition law, the effects on consumers are, inter alia, included only in the particular situation of …” „… results in the overdeterrence of EU competition law, with criminal sanctions or higher fines due to the …” „… , consistent with its teleological application of Article 102 in the light of «genuine undistorted competition …”

The Abuse of Economic Dependence S. 145-146

„… competition law, the application of some of the distinctive features of economic dependence is made in …” „… Dependence As a distinct feature of both German and Romanian competition law, the existence of economic …” „… differential treatment, which applies merely to customer or supplierrelated cases.5624. The Abuse of Economic …”

Exploitative Abuse S. 142-143

„… facilities» doctrine that was developed under US antitrust law. Thus, several cases fall outside the area of …” „… application of the ARC, especially electricity, telecommunications, and transport sectors. 2. Exploitative …” „… 142 the property right. Then, the use of such a right against competitors might be considered …”

(Price) Discrimination S. 284-286

„… context of discrimination of customers is a recent case before the CA Bucharest. A law suit was introduced …” „… requirements of the CC’s Guidance on the application of Articles 5 and 6 RCL; it had adopted a …” „… prohibit any price discrimination by dominant undertakings under the following conditions: the existence of …”

Economically Viable or Surviving in the Market S. 338-342

„… competition law’s features have been applied within the meaning and in the context of traditional competition …” „… Proceedings of the Fordham Comp. Law Inst., Juris, 2007, 205. «An artificial interoperability advantage for a …” „… the area of application of fair competition on the merits or nonperformance competition to more …”

Business or Demand-induced Dependence S. 321-322

„… application of those concepts to non-dominant undertakings under Article 102 is based on the assumption that …” „… of the law, i.e. the jurisprudential definition of abuse as an «objective» concept, and in terms of …” „… the branded goods or products of a certain manufacturer that specialised retailers must be able to …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… guidelines on the application of Article 102 should set out clearly that «consumer welfare harm must be …” „… justify the concept of super-dominance similarly. Under German competition law, the concept of …” „… bringing the enforcement of the abuse of dominance into line with the area of merger control and …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… both laws is particularly relevant for the shaping of the enforcement of EU competition law. An unfair …” „… certain exceptional circumstances. a) The Origins of Un(Fair) Competition under EU Competition Law Under …” „… ) Ec.J., 244-61. Particularly welcome is his remark on the use of «more economics» for the application of …”

The Standard of Proof and the Evidentiary Requirements S. 176-180

„… justify the concept of super-dominance similarly. Under German competition law, the concept of …” „… principles for a function definition of a restriction by object, see E. Loozen, The Application of a More …” „… and Case Law The balancing of efficiencies is expressly mentioned in Article 101(3) relating to …”

Discrimination as a Structural Abuse S. 143-145

„… . The case is particularly relevant for the application of both prohibitions, namely, the unjustified …” „… . The Abuse of Economic Dependence As a distinct feature of both German and Romanian competition law …” „… been more interventionist in the old practice by conflicting with economic freedom. The provision of …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… Approach The EU case law on the abuse of dominance rejects any consumer-welfare standard.642 It is …” „… Airways, 2003 ECR II-309, para 244. 643 See Guidelines on the application of Article 81(3) EC, OJ C …” „… Article 102 to that of consumer welfare by means of soft law.645The Guidelines on Article 101 maintained …”

Refusal to Deal S. 298-300

„… German competition law, the application of Section 20 entails a stronger intervention in the undertakings …” „… 298 V. Refusals 1. Refusal to Deal Under EU competition law, the refusal to deal is not a clearly …” „… discriminatory effects. In order to determine abuse the key elements are the existence of two separate markets …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… Möschel, supra n 99, 4. Posner argued that «efficiency is the ultimate goal of antitrust» law; see R …” „… . Posner, Antitrust law, 2001, 27; Kerber, supra n 99. 56 freedom of action.157 For these reasons, the main …” „… (ed.), The New Palgrave Dictionary of Economics and the Law, vol. II, MacMillian, 1998, 172-9; Vanberg …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… 307 embedded in the German Constitution (Article 14) as being allegedly against shared use of …” „… the lack of cases heard by the CC with regard to the misuse or exploitation of intellectual or …” „… industrial property rights (IPRs), the most recent EU case law contains many such examples. In its first …”

Long-term Exclusive Agreements S. 279-284

„… ) Commission Regulation (EC) 2790/1999/EC on the application of Article 81(3) EC to categories of vertical …” „… refunds, the access of less powerful competitors to the advertising market was foreclosed, as they could …” „… proportions of their advertising budgets with these two companies. Thus, it was not the amount in excess of …”

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