Hasil untuk "Law of Europe"

David Marhold

Ernst Swoboda (1879–1950) is among the leading civil law scholars and legal philosophers of the interwar period in Central Europe. This paper examines a chapter of his work that is well-known in the German-speaking world, namely the period of the 1930s, when, as a professor at the German University in Prague, he participated in drafting the Czechoslovak Civil Code. Based on the study of archival sources and contemporary publications, it aims to reconstruct and analyse Swoboda’s contribution to this project. His criticism of some original proposals significantly influenced the final wording of individual provisions (certain introductory provisions of Civil Code; the concept of personhood, possession, and ownership; strict liability). He introduced the natural law philosophy of Immanuel Kant and the contemporary German philosophy of Oswald Spengler into local legal discourse, bringing into it two influences that remained marginal and are still insufficiently explored within Czechoslovak interwar legal science. Thus, the paper is not merely a presentation of an episode in the legal science of a single state, but in a certain sense opens a broader topic of the intermingling of legal science in Central Europe during the period between the World Wars.

Tamar Kojman

In 1844, Hermann Müller, a Catholic law professor from Würzburg, published a hefty volume on <i>Nordic Greekdom and the Original History of North-Western Europe</i>. The study claimed to hold definitive proof of the north-European origins of Hellenism, Abrahamic monotheism, and the entire human race. Germanic history was not German at all, Müller argued, but Celtic, and underneath it lay another hidden history of Nordic Greekdom, of which Southern Hellenism had been but a minor branch. Though it is today largely forgotten, Müller’s book elicited several responses upon publication and as late as the 1920s in Nazi literature. This article examines the reception of <i>Nordic Greekdom</i> as a striking example of the politicization of antiquity as an origin myth, arguing that the array of modern historicizations of antiquity and of Christianity’s place within it forms a ruptured and incoherent continuity of which ideologies as dissimilar as liberalism, Christian conservatism, and fascism—to name but a few—were all a part. Tracing this variety across ideological divides avoids overly rigid dichotomies such as the distinction between theological and racial antisemitism, while acknowledging the persistent, vast significance of Christianity within these discussions, whether as a living faith or as a discarded inheritance.

Viktoriia Zalizniuk, Galina Artamonova

The article explores the key opportunities and risks faced by Ukraine on its path toward European integration under the current conditions of Russia's full-scale aggression against Ukraine. The status of a candidate for EU membership engenders a plethora of opportunities and advantages for the country, particularly by enhancing the prospects established in the Association Agreement and other sectoral agreements between Ukraine and the EU. The present study analyses the structure and dynamics of Ukraine's foreign trade with European countries, focusing on the demand within the EU for Ukrainian agri-food products, which currently represent the leading category of Ukraine's exports to Europe. The study examines the complex conditions under which Ukraine's agricultural potential is developing and identifies the main external and internal risks affecting the further expansion of foreign trade in agricultural and food products with EU Member States. Moreover, it underscores the challenges associated with trade liberalisation within the EU framework, in addition to the pace and nature of Ukraine's economic integration with European markets. The role of institutional development and public administration in the context of Ukraine's European integration is a subject to which particular attention is devoted. The analysis explores how reforms in the rule of law, anti-corruption initiatives, and the modernisation of public institutions impact Ukraine's prospects for integration into the European market. The article also addresses the key challenges confronting the country's administrative structures, such as ensuring economic resilience, maintaining a stable regulatory environment, and enhancing the efficiency of state governance. The mechanisms by which to attract foreign investment and to improve Ukraine's credibility among European partners are examined, with particular emphasis on the significance of institutional co-operation between Ukraine and the EU. This encompasses aspects such as legal harmonisation, the implementation of European governance practices, and the effective operation of the labour market. Moreover, the article considers the specific challenges of implementing the European integration agenda during wartime in Ukraine. The primary risks identified in this context encompass the duration and conduct of the full-scale war, disruptions in trade and logistics with the EU, active opposition by the Russian Federation to Ukraine's European aspirations, and the absence of full consensus among EU member states regarding Ukraine's accession. Other risks include the gradual decline in EU interest in supporting Ukraine's integration, the slowdown of critical reforms (particularly in the areas of the judiciary, law enforcement, anti-corruption, and public administration), the shortage of qualified specialists in European integration, and the limited involvement of local governments. The article concludes that the restoration of peace and stability is imperative for the continued development of economic relations between Ukraine and the EU.

Sabrina Ragone

Este texto examina la evolución y los logros de la comparación jurídica en el derecho público dentro del espacio jurídico europeo, con especial énfasis en la evolución alemana en términos de temas y países analizados. Aborda la inclusión progresiva de jurisdicciones periféricas dentro de los estudios, contrastando estos desarrollos con otras academias europeas (especialmente la italiana, la francesa y la española), también con respecto a la aplicación de métodos interdisciplinarios y la difusión de revistas dedicadas. Revela los sesgos y las concepciones doctrinales del derecho que han llevado a diferentes resultados y objetivos dentro del derecho público comparado.   Sumario I. CUESTIONES METODOLÓGICAS. — II. POSICIONAMIENTO DEL DERECHO COMPARADO. — III. PROGRESIVO APERTURA HACIA SISTEMAS PERIFÉRICOS… — IV. …PERO TODAVÍA CON UN INTERÉS MAYOR EN EL ESPACIO JURÍDICO EUROPEO. — V. REFLEXIONES META-COMPARATIVAS FINALES.

Jai Vipra

Taking the claims of Artificial Intelligence firms seriously implies that these firms now benefit from legal defaults and vacuums that allow them to enclose economically relevant intellectual capacity and therefore cause mass displacement of labour. This process is carried out unilaterally and without compensation, and thus likely results in the pauperisation of a significant proportion of people worldwide. Thomas Paine’s analysis of land enclosures provides one way to think of enclosures of economically relevant intellectual capacity, and points to a universal basic income drawing from a data tax as a right derived from this enclosure.

Renata Veselá

Lindenbauer, Thomas

Vor Kurzem stellte sich im Zuge einer Entscheidung des OGH die Frage, ob die Nichtanerkennung von in anderen Mitgliedstaaten der Europäischen Union begründeten publizitätslosen Mobiliarsicherheiten durch Österreich gegen die Europäischen Grundfreiheiten verstößt. In der Vergangenheit wurde dies von großen Teilen der Literatur bejaht – unter anderem, weil das grundsätzlich strenge Publizitätsprinzip in Österreich nicht durchgehend verwirklicht sei. Auch der OGH hielt diese Bedenken für beachtlich. Der vorliegende Beitrag zeigt jedoch unter Heranziehung der einschlägigen Kriterien des EuGH, dass unterschiedlichste Ausnahmen vom Publizitätsprinzip sachlich gerechtfertigt werden können und damit auch keine Inkohärenz im Sinne der Rechtsprechung des EuGH begründen. Eine Nichtanerkennung von publizitätslosen ausländischen Mobiliarsicherheiten durch Österreich verstößt also keinesfalls per se gegen die Europäischen Grundfreiheiten.

Ćwiąkała-Małys Anna, Mościbrodzka Monika

It is the labour market that decides about the popularity of a field of studies. The area where the highest number of job offers appears is reflected in the offers of universities. However, it is very often mentioned in many media that future students decide to choose social and humane studies whose market chances are evaluated on a relatively low level.

Peter C. Schöffmann

The Alpenrind case (C-527/16) revealed opposing positions between the Member States providing services feely across Europe and the Member States fearing for social dumping. A tension the Union is grappling with for a certain time, and that increased in the last years. Many (mostly western) Member States believe that the posting of workers is undermining their social standards and hampering their labour markets. They are not convinced that Union law provides an adequate level to prevent abusive practices. Therefore, these Member States try to take countermeasures by implementing restrictive legislation: imposing obligations on employers to provide documents and comply with notification requirements. This leads to an additional burden potentially impeding the freedom of movement of workers and services; an effect the Social Coordination Regulations actually intend to prevent. The Alpenrind case deals with two questions regarding the postal rule’s impact on social security coordination. It addresses the condition of non-replacement as well as the binding effect of Portable Document A1. However, set in a broader context, it reveals the inherent contradiction of social security coordination. The Union finds itself having to strike a balance between the freedom to provide services and the protection against social dumping.

Karin Leijon

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 871-886 | Article | (Table of Contents) I. Introduction. - II. National court opinion in the preliminary reference procedure. - III. Methods and material. - IV. Results. - IV.1. Active courts: motivations for expression opinions. - IV.2. Passive courts: motivations for not expressing opinions. - V. Passive high court judges? - VI. Concluding discussion. | (Abstract) What motivates national judges to be either active in the preliminary reference procedure by expressing opinions in the requests they send to the Court of Justice or passive by not voicing their views? This Article sheds light on how national judges perceive the possibility of framing the cases they refer to the Court, for instance, by expressing an opinion in defence of the challenged national law. Based on interviews with Swedish judges, this Article shows that the respondents express opinions to provide the Court with information and to influence the development of EU law. The Article also uncovers what motivates national judges not to express opinions. These three previously untheorised motivations are: 1) protecting one's reputation, 2) respecting the division of competences between the Court and national courts and 3) upholding the impartiality of the courts. Furthermore, the findings indicate that high court judges in particular are opposed to the inclusion of opinions in a request. In contrast, most of the interviewed lower court judges view the inclusion of opinions in the requests as practically mandatory. This Article proposes that this difference in attitudes towards opinions between high and low court judges originate from variations in professional norms regarding what constitutes appropriate behaviour.

F. Hutcheson

G. Soroka, Félix Krawatzek

Abstract:Controversies over historical interpretation have become a key focus of contemporary politics. Recently, these issues have taken on particular prominence in Europe, where a burgeoning array of "memory laws" has sparked heated debates. While laws prohibiting Holocaust denial are their progenitors, most of the newer laws are intended to shape, rather than simply to reflect, social norms about how the past should be understood and discussed. They also reflect concerns about maintaining national unity and cultural coherence in the face of European integration. As such, these laws constitute both a response to the postnational order and a threat to liberalism.

Albert Noguera Fernández

En julio de 2018, la Asamblea Nacional del Poder Popular (ANPP) de Cuba inició el trámite de discusión de un anteproyecto de nueva Constitución cubana. Entre el 13 de agosto y el 15 de noviembre de 2018, la ANPP convocó una fase de consulta popular entre la ciudadanía destinada a la discusión y recogida de propuestas, previa al debate para su consideración en la cámara y su posterior ratificación en referéndum en febrero de 2019. La nueva Constitución cubana es la concreción jurídico-formal de un proceso constituyente material que viene refundando las relaciones económicas y sociales de la isla desde inicios de la década de los 90 hasta hoy. El presente trabajo analizará cuales han sido estas transformaciones y realizará un análisis crítico de la Constitución cubana de 2019.

Gheorghe BOCSAN

Often, the delimitation between criminal law per se and other branches of public law involving the application of sanctions by the authorities of the Member States or by the institutions, bodies, offices and agencies of the European Union is difficult to operate. From the point of view of the guarantees of the fair trial, as they are regulated by art. 47 of the Charter of Fundamental Rights of the European Union and art. 6 of the Council of Europe Convention for the Protection of Fundamental Rights and Freedoms, both the ECJ and the ECHR have developed, through continuous and elaborated jurisprudence, autonomous concepts on the basic notions by which aforementioned guarantees operate: “criminal charges”, “criminal proceedings “,” criminal sanction “,” court “,” court with jurisdiction in criminal matters “etc. The present study analyses the mechanisms of the influence exercised by the autonomous concepts developed in the ECHR case-law on the mentioned legal topic on the legal acts of the Union, but also the uniform meanings resulting from the corroboration of these autonomous concepts with those of the ECJ jurisprudence in the same field. Starting from some basic concepts of ECHR jurisprudence on the notion of criminal offence, synthesized in the Engel Criteria and many subsequent cases, such as Bendenoun v. France, Jussila v. Finland, Ezeh and Commons v. United Kingdom, the issue of the delimitation we have referred to above acquires contours in the case-law of ECJ in relevant cases such as Bonda, Baláž or Hans Åkerberg Fransson.

Jussi Jaakkola

In Western capitalist societies, the three postwar decades witnessed a strong interconnection between income taxation and democracy. On the one hand, the democratically representative political process constituted a precondition for the legitimacy of taxation. On the other hand, redistributive income taxation enhanced conditions for equal democratic participation by allocating resources and equalizing political power among citizens. The asymmetric European integration that has advanced transnationalization of cross-border market order but preserved income taxation under national political authority has established fiscal interdependence between Member States of the EU and exposed them to transnational regulatory effects. As a result, Member States’ performance to uphold the symbiosis between democracy and taxation has eroded. While this has led some to call for further integration of taxes beyond the nation state, others have remained skeptical about the democratic legitimacy of Europeanized taxation. This Article argues that the Europeanization of income taxation would help to reconstruct the conditions under which the symbiosis between income taxation and democracy is restored, although this requires the notion of democratic community to be reinterpreted according to the standards that cannot be equated with nation-based boundaries of a political community.

G. Garrett

Francesca Minerva

G. Garrett, R. Kelemen, Heiner Schulz

M. Höpner, Armin Schäfer

Anne Meuwese, Phillip Paiement

This introduction explores the underlying question addressed in each of the contributions to this special issue: what impact does the use of general administrative governance principles and processes by hybrid and transnational private regulatory bodies have on ‘transnational administrative law doctrine’? The importance of this inquiry arises out of the growing role that such regulatory bodies play, despite their lack of formal competence, in introducing principles and procedures of general administrative nature into their respective sector. The hypothesis is that these ‘horizontal’ – due both to the absence of formal hierarchy as well as their cross-sector applicability – administrative norms and procedures undergo transformations as the regulatory bodies formulate them for their particular fields. By pursuing this hypothesis across a number of different case studies, the contributions to this special issue develop both transnational private regulation and global administrative law scholarship by mapping normative transformations that occur in their mutual intersections.