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 24 for “"Court of Justice of the European Union"”.
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Influencing justice beyond the nation state: Member State governments at the Court of Justice of the European Union
The topic of this thesis is the use that member-state governments make of their opportunity to submit legal arguments in preliminary reference proceedings at the Court of Justice. Which Member States submit observations and which do not? What motives do Member States have for their submissions, and …
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The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union
This thesis examines the changing role 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 …
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Verslo ar jo dalies perdavimo sąvoka darbo teisėje /
Definition of the Transfer of Undertaking in the Labour Law The present paper discusses the concept of transfer, emphasising its specificity and presenting its main problem areas, systematically analysing a range of sources with a focus on the reference literature, the Lithuanian and European Union …
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Práva cestujících v mezinárodní letecké přepravě s přihlédnutím k vlivu pandemie COVID-19
Rights of passengers in international air transport and the influence of COVID- 19 pandemic Abstract The thesis is devoted to the legal regulation of the relationship between passengers and air carriers in air passenger transport. The text is set in a general historical framework, which illustrates …
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Interactions between courts and administrative authorities in EU competition law enforcement
The EU competition law reforms of 2004 decentralised enforcement from the European Commission to national competition authorities and national courts, while the European Commission remains central to the system. This thesis responds to a need for research into how institutions interact in this …
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The Application of the Democratic Dialogue Model to the Relationship between Domestic Legislatures and International Courts
This thesis argues that the democratic dialogue model, a domestic constitutional model of rights protection, can, and does, provide both an explanatory and a normative framework for the relationship between domestic legislatures and international courts. The thesis hypothesises that, at a …
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Public Policy, Security and Interest as Justifiable Restrictions on the Free Movement of Services
… borders can be difficult to accept, because there are certain social expectations that are intertwined with national history and culture. This thesis examines how the concepts public policy, security and interest function as justifiable restrictions on the free movement of services in the …
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Realism and idealism in the harmonization of contract law in the European Union
The advantages of enhanced cross-border trade among the member states are emphasized by advocates of the harmonization of law in the European Union, a principle which has been included in each of the treaties of accession. Following political events in 1989, the concept of a Europe-wide law of …
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Effectiveness of protection for reputed marks in the European Union /
Doctoral dissertation researches whether the protection for trade marks with reputation in the EU is effective and applied uniformly in the Member States. In order to answer this question the research looks at the historical reasons which required granting trade mark proprietors rights beyond the …
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The movement and residence rights of third country national family members of EU citizens: a historical and jurisprudential approach
… members is a controversial issue that has been the object of a lively debate, especially in recent years. The debate has been particularly focused on the role played by the Court of Justice of the European Union in deciding cases involving EU citizens and their third country national family …
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Il diritto alla protezione dei dati personali nella Data Economy. I contratti con le piattaforme digitali
The research aims to analyse the relationship between Data Protection and the ‘circulation’ of personal data that has become established in the emerging data-driven economy. The issue of data protection in data-driven economy has become a subject of intense debate, particularly due to the …
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Final Judicial Authority in the European Union: A Normative Framework
This is a thesis about final judicial authority, the authority of a court to have the final say over an issue brought before it. It develops a framework for thinking about it, and it applies this framework to the jurisdictional disputes between the Court of Justice of the European Union (CJEU) and …
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Open and freemium music business models in Africa - copyright and competition consequences
This thesis considers how South Africa and Nigeria can apply copyright and competition laws to regulate the open and freemium music business model that involves the use of copyright-protected music content to generate revenue from advertising. To enhance their competitiveness and escape copyright …
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Protection of economic, social, and cultural rights in Europe in the 21st century
… rights which are fundamental, and essential for the dignity and well-being of individuals and communities, are recognized by international law and are protected at both the universal and regional levels. The Doctoral thesis consists of two parts. In Part I “Philosophical and ideological …
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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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The Politics of Constitutional Review: Evidence from the European Court of Justice
Judges who perform judicial review have the extraordinary power to strike down laws that do not conform to their own policy preferences. Their political independence is generally regarded as a normative good. In this work, I consider the microfoundations of judicial preferences and how those …
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A Principled Analysis of Sexuality and Gender Diversity Rights in International and Regional Human Rights Jurisprudence
… rights have been interpreted and considered by the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union, and several United Nations Committees. This thesis critically analyses this jurisprudence by developing an analytical framework …
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A Principled Analysis of Sexuality and Gender Diversity Rights in International and Regional Human Rights Jurisprudence
… rights have been interpreted and considered by the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union, and several United Nations Committees. This thesis critically analyses this jurisprudence by developing an analytical framework …
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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
This study looks at the ex ante review of fundamental rights in the EU legislative process. It examines the rights-based review, which is carried out at different phases of EU law-making procedure before the EU legal act concerned is formally adopted and entered into force. An ex ante review of EU …
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Private enforcement of European Union Law in the Irish Superior Courts
The Court of Justice of the European Union has spoken in strong terms of the importance of effective judicial protection of EU law rights as a core element of an EU legal order founded on the rule of law. To complement the public enforcement system set down in the Treaties, the Court of Justice …
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