Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 21 for “"CJEU"”.
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Minoritarian Activism – Judicial Politics in the European Union
Abstract Is the Court of Justice of the EU (CJEU) best described as a run-away agent, free to influence the EU according to its own preferences, or as an obedient servant of EU member state governments? In this dissertation, Olof Larsson argues that neither description fits the CJEU. Rather, the …
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Private parties and the revised standing criteria under article 263 TFEU: dawn of effective judicial protection or a false one?
… of the notion of a “regulatory act” by the CJEU was rather unsurprising. However, the notion of “implementing measures” was given a very restrictive interpretation by the CJEU, despite early expectations and a forceful Opinion by AG Cruz Villalon. This thesis records some contemporary …
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An Empirical and Comparative Analysis of UK Courts and CJEU decisions in Trademark Law: defining the nature and understanding the characteristics of inconsistencies in EU Trademark law
… by. Secondly, the specific ambiguities in CJEU judgements can be further understood by examining the rules of legal reasoning and statutory interpretation adopted in cases. <br/>To explore the above, this study compares how the UK courts adhere to specific EU trademark rules set by the …
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Freedom of Association as a Foundation for Trade Union Rights: a Comparison of EU and ECHR Standards
… the case law of the two European Courts – CJEU and ECtHR. Secondly, the standards of the CJEU and ECtHR will be compared to each other. This way, we will know which of the two protects trade union rights better and where there might be flaws. Thirdly, after comparing the CJEU and ECtHR …
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The Impact of EU Fundamental Rights on the Employment Relationship
… and ‘principles’, but the EU Court of Justice (CJEU) seems actively to prioritise the Charter’s economic freedoms over the social rights. This thesis focuses on the consequences of this variable geometry for the regulation of the employment relationship. In particular, it examines the widening …
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The UK’s Legal Response to Terrorist Communication in the 21st Century: Striking the right balance between individual privacy and collective security in the digital age.
… The Court of Justice of the European Union (CJEU) has been the most influential judicial body in terms of individual data protection, and thereby on the UK’s law making process, through its key judgements in Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural …
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On the Interpretation and Application of the Essence of Rights in the EU Legal Order: Limits and Limitations
… the case law of the European Court of Justice (CJEU) and continue to attract considerable academic debate. The CJEU has long recognised that these rights have an ‘essence’ that warrants far-reaching protection. The nature, application, and implications of this legal concept remain underdeveloped …
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Final Judicial Authority in the European Union: A Normative Framework
… the Court of Justice of the European Union (CJEU) and the apex courts of the Member States. The first part of the thesis explains why an account of final judicial authority in the EU is necessary for determining how lower-instance courts should decide when conflicting judgments from the CJEU …
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The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union
… of the Court of Justice of the European Union (CJEU) from the perspective of its task of conducting constitutional review of EU legislation. It addresses a gap in the existing literature by providing a systematic analysis of how the methodology and intensity of constitutional review has changed …
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The movement and residence rights of third country national family members of EU citizens: a historical and jurisprudential approach
… its climax in the more recent judgments of the CJEU. Using a historical prospective, I will outline that the original meaning of the first family reunification legislative provisions, their more recent CJEU interpretation and the new application of the concept of EU citizenship find their ground …
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At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation
… For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and …
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Big Data, Surveillance, and the Digital Citizen
… with EU law in light of recent decisions of the CJEU. This thesis does not seek to provide solutions or regulatory recommendations in response to the issues raised, but bring together literature, highlight problems, and propose new concepts in order to establish a basis for further research. In …
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The EU police and criminal justice data protection directive : from proposal to implementation
… of the A29WP, and the relevant judgements of the CJEU. Envisaged difficulties that Member States will face while implementing the Directive are also pinpointed.
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Employment, discrimination and seeking redress : an analytical study
… taken by the Industrial Tribunal, ECtHR and the CJEU on discrimination related cases. While the final chapter presents a discussion related to the number of conclusions drawn up from the other chapters, primarily related to the effectiveness and adequacy of the redress mechanisms available.
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Effectiveness of protection for reputed marks in the European Union /
… the research reveals that case law of the CJEU is difficult to apply in practice due to introduction of the over burdensome concepts (such as “change in economic behaviour”). The comparative part of the thesis researches the case law and practice of trade mark registries in the United …
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LE INTERRELAZIONI NEL SISTEMA DEL ‘DOPPIO BINARIO’ TRIBUTARIO E PENALE
… principle and the case law of the ECHR and the CJEU. The analysis criticizes the ineffectiveness of the domestic specialty principle and the difficulty of guaranteeing a “sufficiently close connection in substance and time” between proceedings, posing the risk of disproportionate punitive …
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Collective Labour Rights As An Element Of The Substantive Constitutionalisation Of EU Law After The Treaty Of Lisbon
… Consequently, the relevant jurisprudence of the CJEU, including case law related to EMU measures and mechanisms and euro crisis-induced interventions, is critically approached. The thesis ultimately aims to establish two propositions: first, that collective labour institutions and mechanisms are …
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Open and freemium music business models in Africa - copyright and competition consequences
… from the Court of Justice of the European Union (CJEU), the thesis argues that although these terms result in free and wider distribution of copyright content, some aspects of their implementation may be unaligned with the regulatory framework. The thesis finds that these misalignments exist …
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Making Fundamental Rights a Reality in EU Legislative Process : Ex ante Review of Proposals for EU Legislative Measures for their Compatibility with the Charter of Fundamental Rights of the European Union
… review by the courts, especially the CJEU. It is claimed that the EU system of rights-based review of EU legislation is evolving gradually towards a hybrid and essentially pluralistic system of review in which ex ante and ex post phases of review complement each other. Similarly, the …
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Perspectives on Innovation Incentives on the EU Pharmaceutical Sector with Focus on EMA and Parallel Trade
… Such overriding public interest has in CJEU case law been interpreted to mean disclosure for the sake of democratic decision making process. In 2015, EMA widened the scope of its “access to documents”-policy to cover also documents relating to clinical data. Besides enabling public …
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