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 29 for “"European Court of Justice"”.
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The Politics of Constitutional Review: Evidence from the European Court of Justice
… normative good. In this work, I consider the microfoundations of judicial preferences and how those preferences interact with institutional independence to determine the policy impact of judicial review. The following argument is developed in the context of the Court of Justice of the European …
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From obscuring transcendentalism to functional openness in European Court of Justice scholarship
… EU law scholars engaged with the case law by the Court of Justice. Inspired by the legal realism and critical legal studies approaches studied during my advanced master's degree, I called for more openness regarding the normative foundations underlying such scholarship.
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Conflict of norms in European Union law and the legal reasoning of the European Court of Justice
This thesis examines the topic of conflict of norms in European Union (EU) law and the legal reasoning of the European Court of Justice (ECJ), arguing that the framework of conflict of norms provides conceptual insight into justification and the role of value choices in legal reasoning. After …
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A comparison between the European Court of Justice, the International Court of Justice and the International Tribunal of the Law of the Sea Convention with special emphasis on jurisdiction and enforcement
… a common High Authority which allowed other European countries the opportunity to participate. In his proposal he took care to provide for the establishment of a court of justice subjecting the new authority to judicial control. One year later, in April, 1951 the European Coal and Steel …
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Giurisprudenza della Corte di Giustizia e Amministrazione nazionale: poteri, doveri e spunti per un’analisi comparata
Nowadays, a huge judicial phenomenon involves European Countries: the crisis of law. In particular, written law, as acts and regulaments, are losing importance, while case law and jugdements are enhancing their influence. Most of times, the domestic law of European countries is influnced by E.U. …
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La stabilità degli atti nazionali nel diritto comunitario (provvedimento, contratto, sentenza).
The topic of this work is based on comparison of the stability and resistance opposed by national acts, enacted by a judge (sentence) or the Public Administration (act or contract), that are now conclusive because no one has brought the Court before, for challenging their unlawful. the answer to …
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Ekonominės veiklos samprata: teisinis reguliavimas Lietuvos ir ES teisės aktuose (bei Europos Teisingumo teismo praktikoje) bei praktinės problemos /
The Parliament of the Republic of Lithuanian adopted on 5 March 2002 the act of value added tax (hereinafter – VAT act), which came into force on 1 of July. Under Article 3 of VAT act, the supply of goods or services shall be subject to VAT, if: 1) the supply of goods or services effected for …
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A critical reflection on the judgement of the federal constitutional court of Germany on the European central bank's public sector purchase programme: ultra vires review and the primacy of European Law
The financial politics of the European Union (EU) have been highly debated ever since the 2008 crisis, which left some European countries in financial turmoil. One part of the European financial policy has been the purchase of government bonds through the European Central Bank. The most vocal …
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The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely …
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Streaming Unauthorised Copyrighted Content: Copyright Liability of Streaming Platforms and Streaming Box Distributors. A Comparative EU-US-SA Perspective
… the liability for copyright infringement of streaming platforms and streaming box distributors in the EU, U.S. and in South Africa. As there have been no reported cases in South Africa in which copyright holders have instituted legal proceedings concerning copyright infringement against …
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'Giving effect to policy': a legal and empirical investigation of the implementation of European food quality schemes in Poland (PDO, PGI,TSG).
Legal scholarship regarding the implementation of European Union law recognises the gap between policy, enacted law and its application. Writers typically focus on the role of the European Court of Justice, the role of the European Commission, as well as the obligations of Member States under …
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Darbuotojo sąvoka Europos Sąjungos darbo teisėje (Definition of Worker in the European Union Labour Law) /
Definition of Worker in the European Union Labour Law Definition of worker indefiniteness in European Union legal regulations is causing theoretical and practical problems in European Union Labour law. This question is important not only because of increasing foreign persons being employed in other …
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Toward a European Bund. The Constitutionalism Deficit of Integration and How to Fix It
This dissertation examines the nature of the European political and legal order and evaluates it in light of the principles of liberal and democratic constitutionalism. The EU, I argue, has features of both an international organization and a heterarchical federation, or Bund, in which neither the …
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On the Interpretation and Application of the Essence of Rights in the EU Legal Order: Limits and Limitations
… feature ever more prominently in 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 …
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The liability in Tort for the European Community and Member state liability : common basis and conditions?
The European Court of Justice generally aligns the system of Member State liability for breaches of Community law with the conditions governing the non-contractual liability incurred by the Community under Article 288(2) of the EC treaty. It is worth examining, however, whether the EO really …
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Laisvas prekių judėjimas: paralelinio importo problematika Europos Sąjungoje /
This thesis is devoted to special type of free movement of goods – parallel import and all problems related to it. It is special because of lack of regulation under European Community law. The implication is that the main objective of thesis is jurisprudence of European Court of Justice, which …
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The principle of effective judicial protection in actions for breach of community law before the national courts
The main aim of the thesis has been to examine the development by the European Court of Justice (ECJ) of a principle referred to by Advocate General Van Gerven and various academic commentators as the principle of effective judicial protection. It explores the proposition that the Court has sought …
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The implementation of the 1989 Television Without Frontiers Directive: television advertising and sponsorship in France, Germany, Italy, Spain and the UK
A comparative analysis of the manner in which France, Germany, Italy, Spain and the UK have implemented the provisions in 1989 Television Without Frontiers Directive for television advertising and sponsorship shows that there are obstacles for the development of a Single European Market in …
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Law as a regulator: steering waste management by steering itself through its relationship with the environment
Since 1995, the member states of the European Union (E.U.) have been legally obliged to reduce biodegradable municipal waste, with a final target of 35% of 1995 levels by 2020 and, in doing so, increase the recycling rate to 50%. In 2015, the E.U. has agreed to aim for a recycling rate of 65% by …
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Individualios veiklos samprata ir apmokestinimas /
… this determined changes in juridical regulation of independent activity by passing to insitute of Individual Activity. It can be stated, that this form of business today is fully incorporated in the enterprise system and today it forms the smallest section of business, moreover it must be pointed …
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