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In the context of national Italian law or in the light of European integration
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response under the common law. One of the most important duties of the state and its administrations is to maintain public order with its traditional and non-traditional purposes, including the protection of public security, public health and public tranquility, thus it bears the legal consequences and responsibility in the event of its failure by its duties. Covid 19 and its elimination ... in order to protect the lives and health of people ...
In short, the state does not bear legal responsibility for the emergence of Covid 19, but rather bears the legal responsibility for failing to fight it, because the emergence of the Corona virus is governed by the theory of force majeure.
In terms of civil law, the state has a legal and moral obligation to compensate those affected.
مرض فيروس كورونا المستجد (كوفيد‑19)
الحصول على آخر المعلومات
 
إرسال تعليقات
السجلّ
تم الحفظ
المنتدى
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On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Ruben
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The Curia of Hungary, as the highest instance judicial forum of the country, has the constitutional duty to harmonise the administration of justice within the Hungarian judiciary, mainly by means of rendering uniformity decisions. The Curia renders uniformity decisions in cases rasing issues of theoretical importance in order to ensure the uniform application of law within the Hungarian judiciary. Such decisions are binding on all Hungarian courts. The operative parts of uniformity decisions – as brief summaries – are accessible hereunder:
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Dear colleagues,
does anybody know which are (or where to find) the allowable limits for P,K,S,Ca,Mg,Na,heavy metals in the fertilizer calcium-ammonium-nitrate (CAN), according to European regulations?
Thank you in advance,
Claudio
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Great...Exactly what I was looking for!
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1. Has anyone here ever experienced a reduction of the estimated staff costs in a research project funded by the European Commission, due to the argument that the estimated cost exceeded „the rates generally applicable in the relevant area”?
2. Is any of you aware of the existence of a formal document that establishes such rates, by each EU region? And, if so, do you know how are they calculated?
The context is the following: three partners with similar profiles (universities), from three different EU countries, join for a research project funded by the EC. The activities and results undertaken by each of them are (quantitatively and qualitatively) identical and thus the staff costs are identical. The EC requests a reduction of staff costs (or increase of staff effort) for one of the partners due to the argument mentioned above (in fact, the rates proposed were actually well below – more like half – of what the national legislation considered the maximum rates, and 90% of the staff were senior researchers). At the same time, the EC suggested the opposite for one of the other partners. Basically, it asked for the same type and quantity of work to be remunerated differently, based on the staff's geographical positioning within the EU borders. That doesn’t seem quite ok to me, so I was wondering if anyone else has encountered this situation.
Thank you!
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Reducing regional disparities is one goal of the EU as some kind of "organisation".
But when it comes to economics, you're entering the wide field of "supply and demand":
  • Even here in Germany we have salary gradients from south to north and west to east. Synchronous to this, renting/buying/building a flat/house tends to be cheaper in the north / east.
  • You can even observe gradients from metropoles to the surrounding countryside.
  • Where the labor doesn't come to work force available, you can see people migrating to where labor is offered. Leading to an increase in the population where the salaries are higher - even if the costs of living are higher there as well.
  • Migration of labor is happening as well - driven by the desire to lower salaries. This is valid for quite a number of ex Eastern Block countries (Poland, Hungary, Czechia, Romania, to name some). This migration of labor works best where the mentality is somewhat similar to the one in the home country of the company migrating labor. Not to be forgotten: it helps where language barriers are low: one of the reasons fir German companies preferring regions that once had at least a German-speaking minority.
BTW: I've observed some effects of the EU supporting underdeveloped regions (mainly in South Tyrol): while I somewhat doubt a big effect on salaries (might take even more time), at least the infrastructure has improved significantly.
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What are the potential options available with regards to the Irish border, and how safe is the Good Friday Agreement in it's current form throughout the Brexit process?
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Thank you Carsten & Margaret for your answers - I think we are beginning to approach crunch time and this is where we will start to see serious proposals gain increased attention - indeed it appears brexiteers are open to less rigid approaches to the process, but I don't think my fears are assuaged just yet and hope a solution is found soon.
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The European Union (EU) Fisheries and Aquaculture Products Database is a beta version (still under construction) of the EU database on fishery and aquaculture products. It is an information system prototype on the commercial names of fishery and aquaculture products marketed in the EU. The prototype is the result of a pilot project that involves several partners, including the National Research Council - Institute of Marine Sciences (CNR-ISMAR) of Ancona (Italy), funded by the European Union and co-ordinated by the Directorate-General for Maritime Affairs and Fisheries (DGMARE).
The project aims to provide a complete information system, available in all official EU languages. Nevertheless, due to its pilot project nature, it is possible that some inaccuracies or inconsistencies may occur, particularly linguistic.
The purpose of this information system is to provide consumers and all stakeholders with information on fishery and aquaculture products through a centralized multilingual system. The information system focuses primarily on trade names. It also includes species names, FAO codes, marketing standards, catch zones and fishing gear. The system is a reference point for all users in the EU, whether they are consumers, traders, or control authorities.
While still in the experimental phase, the site is not accessible through normal search engines (google, bing, etc.), but it's enough to type in your browser (either PC or smartphone and tablet) the following address:
Your suggestions, your directions, and more generally all your observations are very important. To help you with this task, we've created an online questionnaire that will take you a few minutes of compilation but will provide us with important information to improve and modify the web portal more effectively. The questionnaire can be reached at the following link (both in Italian and English):
Hopefully you will find the service offered by this useful portal, thank you for your cooperation.
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Dear Cornelia,
thank you very much fro your answer and suggestions. The technicians working on the informatic part of the database made a huge effort to extrapolate scientific names as well as commercial names (they made all the work by hands). Consider that the prototype of the database is not updated to the last species revisions just because of its nature of prototype. For sure, when DGMARE will give its ok to the project all the "nomenclature" issues will be fixed with the last updates. Nevertheless, your constant help will be appreciated since errors may occur as well.
Thank you again and if you would like, please answer the questionnaire reported in the question I made.
Thank you
Claudio
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The Court of Justice of the European Union has developed a line of case law in which national procedural rules have been tested against the EU law requirement of effectiveness (i.e. case law on national procedural autonomy and effective judicial protection). In the framework of my Ph.D research I am looking for national court decisions throughout the EU that have used the CJEU's case law to set aside national rules of civil procedure. Alternatively, cases in which national courts have given a new interpretation to rules of national civil procedure in order to bring them in line with the EU law requirement of effectiveness are also welcome. I am particularly looking for judgments related to consumer protection but judgments in other areas are also much appreciated. Many thanks in advance!
Are you aware of national court decisions in which civil procedure rules were deemed to be contrary to the EU principle of effectiveness?
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Hi Janek - there are a few examples of problems between the UK and EU law regarding effectiveness in the field of motor vehicle insurance law. My colleagues and I have written about some of these in an article 'Irreconcilable Differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives' which will be appearing in the Journal of Business Law in January next year.
Very best wishes,
James.
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I'm looking for publications / articles about cooperation between branded products [especially cosmetics and perfumes] and customs services. How protect consumers from unsafe products and how protect intellectual property and trademarks from illicit trade?
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The case law of the European Court of Justice obliges national courts to apply EU consumer law ex officio, especially in relation to unfair contract terms. I am interested to see what national practice is in that regard. In case you would be aware of cases in your jurisdiction in which a court has applied EU consumer law or national consumer law ex officio, please do get in touch!
Many thanks in advance!
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Hello Janek, in Spain we have recent cases in the Supreme Court, for example: 
Sentencia del Tribunal Supremo de 9 de mayo
de 2013 (nº 485/2012). In application of the ECJ
doctrine, declaration of the invalidity of “floor
clauses” and the validity of the loan or mortage
contracts. Criteria for the evaluation of the validity
of clauses in consumer contracts. No retroactive
effects. ?
 Sentencias del Tribunal Supremo de 24 de marzo
de 2015 (138/2015) and 25 de marzo de 2015 (nº
139/2015): Clarification that when there is a
declaration of invalidity of a floor clause, proceed
restitution to borrowers of interest that would have
been paid since May 9, 2013, date of the Sentence
of the Supreme Court.
Regards
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The EU has just release the Regulation 2016/679. I am interested in the parts of the right to be forgotten and the right to reject. I will deeply appreicate it if you can recommend some readings concering the background and interpretation of this legislation. Thanks a lot.
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Thank you very much Marie! I found the book very helpful indeed. Best! Hongjie
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In Poland an entry ban was also applied in asylum cases, accordingly, for a certain time. Fortunately this practice has now been abolished.
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The Directive says it applies 'without prejudice' to the qualification Directive. It is not clear what exactly that means and the qualification Directive does not mention entry bans. There is no CJEU case law on this point yet. The case law does say that the Returns Directive doesn't apply to asylum seekers, and it must follow that it doesn't apply to those who have protection in that Member State, since it only applies to third-country nationals whose status is not legal, whereas the qualification Directive gives people in need of protection the right to a residence permit. In my view the best interpretation is that the mere existence of an entry ban should not affect the assessment of an application for refugee status, because Article 31 of the Geneva Convention says that in principle refugees cannot be subject to penalties for irregular entry. The same provision of the Convention arguably means that if a person shows a genuine protection need, they cannot be subject to an entry ban and any ban which was imposed has to be repealed.
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Please give me some idea of the right to identity in European laws
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Hello,
In terms of EU Law, I'm not sure about right to identity but there are a few cases on the right to a name, including Konstantinidis and Garcia Avello, and these two more recent ones:
•Case C-208/09 Ilonka Sayn-Wittgenstein v Landeshauptmann von Wien [2010] ECR I-13693
•Case C-391/09 Malgožata Runevič-Vardyn and Łukasz Paweł Wardyn v Vilniaus miesto savivaldybės administracija and Others (CJEU, 12 May 2011)
Let me know if I can be of further help.
Best regards,
Richard Lang
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I am looking for statistics (official or unofficial) on the residence rights of EU citizens in Italy.
In particular, I am trying to find out the number of residence documents issued to EU citizens and family members in Italy, as well as numbers of EU citizens expelled from Italy. (This includes but is not limited to the expulsion of members of the Roma community).
I have already consulted ISTAT (only total EU resident numbers available) and sent information requests to the Ministero dell'Interno (no response). 
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Hi Marco, thanks for your kind offer to assist. I have sent you a message to your university email.
Hi Rudi, thanks for the links - I did not know about CESTIM, so this is very useful to know.
I plan to provide an overview of residence statistics in all Member States in the chapter 'Who does not belong here anymore? A statistical snapshot of Member States’ practices' in Herwig Verschueren (ed), Who belongs here? EU law and adjudication on the link between individuals and Member States, (Intersentia, forthcoming 2016)
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Do limitations in scope and convention suggest the true small stature of the doctrine?
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The principle of supremacy may not be at the core but the human values are at the core to understand any legal system including EU legal system. No inhuman or cruel legal order may qualify to be called as legal order !!! 
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Try to do some background reading for my dissertation and want to get a basic understanding of the scholarship available. 
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Judith Walkowitz's work on prostitution.
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The future data protection package includes a General Regulation and a Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data.
However, the data protection package initially leaves unaffected Prüm regime as was pointed out by the European Data Protection Supervisor (Opinion of the European Data Protection Supervisor on the data protection reform package, 7 March 2012, 443, page 68 ).
The Amendment 6 of EU Parliament (14 March 2014) introduced it. (EP legislative resolution of 12 March 2014 COM(2012)0010 – C7-0024/2012 – 2012/0010(COD)) Today (4 December 2014) is in discussion within the Council (http://eur-lex.europa.eu/procedure/EN/201285)
I am interested in know any comments or articles regarding this question, thanks!
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This paper perhaps does not respond to your question but is a good overview of the efforts to come to common ground and to identify the minimum standards between US-EU privacy law 
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From 2009-2011 I developed my research thesis on conflicts between market freedoms and fundamental rights in ECJ case law (Schmidberger, Omega, Viking, Laval, etc.) And I would like to update my work and to cite recent works on this topic. 
Many thanks. 
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Hi Joaquin,
Check out this article on "Substantial Reform of EU Merger Control on the Cards":  <http://antitrustconnect.com/2014/07/15/substantial-reform-of-eu-merger-control-on-the-cards/>. 
It may take you in a slightly different direction in searching for ECJ cases; however, I think the idea of MNCs being forced to enter a foreign market via greenfield investments rather than the preferred M&A route as one that is rich with research potential.  Could be I am so enthusiastic about this particular angle because, as an American, I deem the right to enter into lucrative financial arrangements and turn a profit to be a fundamental human right that governmental regulatory entities interfere with only at their peril.  Nonetheless, I suggest you look at the article and see if it inspires you (although not hailing from a society driven by market-based capitalism)  to expand your inquiry.
Gwen
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The single supervisory mechanism (SSM) is a new system of banking supervision for Europe, and it comprises the ECB and the national supervisory authorities of the participating countries.
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Dear Anna-Lena, 
Many thanks for your answer and your interesting information! Regards!!
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I purchased the book  "Key Facts Key Cases (Routeledge 2014"  and it is really very useful.
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As specified in national and European laws and directives (INSPIRE, Aarhus convention…), ecological data in Europe must be accessible and free for use by the research community as well as other stakeholders. Scientific research questions in ecology can be resolved at local, regional and global response scales by concomitant stakeholders only by combining data of different disciplines. Do you know any review or list of existing databases in your own disciplinary field in ecology?
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Given your focus on ecology, you may want to start with this GEO BON document:
The GEO Secretariat (https://www.earthobservations.org/index.php) is dedicated to the coordination of data acquisition and analysis in a wide range of thematic fields called "Societal Benefit Areas (SBA)", and strongly advocates open access and inter-operability.
The weather and climate community has a very long history (>150 years) of developing common measurement protocols and sharing data, so you may gain insight by investigating the work and findings of
- the Global Climate Observing System (GCOS: http://www.wmo.int/pages/prog/gcos/), which coordinates and oversees efforts to acquire, archive and distribute climate data worldwide, in particular for atmospheric, oceanic and terrestrial applications. Look, in particular, at the various pages under "About GCOS", "Observing Systems and Data", and "Outreach" (in this latter case for a list of publications).
- the World Meteorological Organization (WMO: https://www.wmo.int/pages/index_en.html) and specifically the Global Framework for Climate Services (GFCS: https://www.wmo.int/pages/governance/ec/global-framework-for-climate-services_en.html).
Another large, multidisciplinary organization to monitor is the International Council for Science (ICSU: http://www.icsu.org/), including its flagship programme called "Future Earth" (http://www.futureearth.org/).
All these international structures share a common interest in database structure, inter-operability, effective and open access, etc., not only to stimulate interdisciplinary research but also to promote the sustainable development of nations and societies.
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Dear colleagues,
I am trying to get information on this issue I saw a case in 2011:
24/11/2011: Commission takes Poland to Court over air quality and marine policy legislation and urges compliance with the Nitrates Directive
The European Commission is referring Poland to the Court of Justice of the European Union and asking for financial penalties to be imposed for two failures to transpose EU legislation into national law. Despite earlier warnings, Poland has failed to notify the Commission about the transposition of legislation on the Ambient Air Quality Directive, which should have been in place since 11 June 2010, and about a strategy to protect its seas, which should have been in place since 15 July 2010. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is asking the Court to impose penalty payments. The penalty payments requested are 71,521€ per day for the Ambient Air Quality Directive, and 59,834€ per day in the case of the Marine Strategy Framework Directive. The penalties take into account the seriousness and duration of the infringements. They consist of daily penalty payments to be paid from the date of the judgment (assuming that there is no compliance by then) until transposition is completed.
I would like to know the procedure for calculation of the fine and how the number of days is determined.
Do you know if the fine was paid¡ and how much was it?
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Hi Xavier,
In addition, a nice case where a lump sum as penalty was laid upon Ireland (case C-279/11) involving the EIA directive 85/337/EEC. Ireland can not pay due to the crisis, and so the penaly was reduced...
It would be a nice job to find out how many penalties from the Court are actually payed in the end. I'm afraid you just have stumbled on one of these:
The air quality case against Poland C-48/12 where you are referring to, was removed from the register by order of the president of the Court of 8 January 2013, after intervention of France, Greece, Netherlands, Germany, Belgium, Malta and Hungary, who came in to support Poland. The Order of the president: http://curia.europa.eu/juris/document/document.jsf?text=&docid=135572&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=304713. The intervention: http://curia.europa.eu/juris/document/document.jsf?text=&docid=124582&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=304713 (in French). I have found no documents on the content of the supporting action. So at least in this air quality case the penalty was withdrawn.
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OPINION 2/13 OF THE COURT (Full Court) 18 December 2014
"Consequently, the Court (Full Court) gives the following Opinion:
The agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is not compatible with Article 6(2) TEU or with Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms."
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You nailed it, Ruben!  Empowering individuals is what it is all about in an age of fluid borders and porous nationalities.  Certainly the role of regionalization is not to make sure that individual Europeans wind up with less ability to pursue (on their own) the fundamental  rights and freedoms that are endemic to Democratic societies. 
The spirit of all of the regional and international pacts is to put 'meat' on the preamble to the European Convention on Human Rights, which provides; to-wit:  "Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the [United Nations] Universal Declaration...."
Kudos, Ruben, for being able to cut through the crap and get to the underlying point,
Gwen
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EU Delegated Regulation no. 665/2014 defines the requirements for applying the optional quality term "mountain product", which was introduced with EU Regulation no. 1151/2012. These requirements are the result of a long process to standardise the different approaches presented by EU Member States. Previously France and Switzerland had already implemented a scheme dedicated to mountain products.
Do you know if certification schemes and/or labeling schemes dedicated to mountain products have already been implemented (excluding Europe and Switzerland)?
Does anyone have a scientific reference about quality term "mountain product" in France, in Swiss or in other country?
Thank you.
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In its judgment on 27 February 2014 the Court of Justice ruled that where a Member State chooses to provide a financial allowance instead of asylum accommodation, the allowance must, inter alia, be sufficient to ensure a dignified standard of living and enable the asylum applicants to obtain housing, if necessary, on the private rental market. Are there any legal or practical consequences of this judgment in your country?
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I think that politicians go so slowly... that mybe in two years, but I think that actually there are no consequences of the C-79/13 Saciri judgment in Spain.  But it is very interesting, I will see!
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Advocate General Yves Bot has suggested that Spain’s actions against the European regulations implementing enhanced cooperation in the area of the creation of unitary patent protection must be dismissed (C-146/13 and C147-13). 
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Thanks Javier and John for your suggestions. Anna, me too, but I am interested in see it!
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Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons allows temporarily limited measures to receive refugees into the EU. Is there any legal reason the directive cannot be applied on the current situation of Syrians fleeing their country?
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The directive considers what to do when a mass influx of refugees either enters the European Union, or is going to enter in the very near future.
The directive applies"in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons" (Article 2(a))
Article 2(d): "mass influx" means arrival in the Community of a large number of displaced persons, who come from a specific country or geographical area, whether their arrival in the Community was spontaneous or aided, for example through an evacuation programme;
It does not say that the EU is going to create a means for refugees to enter the EU. Unless a "mass influx" of Syrians comes to the EU or is right on the border, the directive does not apply.
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I know this is an incredibly complex and multifaceted issue. At this moment I am looking for ideas on how to approach this question.
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Dear Helena,
this is a fascination question with a broad range of possible answers.
It depends on the "counter factual" world you will construct as a result of UK leaving. Most impact economically might be on:
- Trade and exchange rate movements
- Financial industry
- Labour migration.
One might make a distinction between
- Process of saying “good by” and likely follow-up turbulences (capital flight, exchange rate, interest rates, …)
- Long-term effects on location of industry, trade etc.
Should we assume UK to go back to the “status quo ante” or rather into a new setting and different future constellation?
Appropriate methodology might be scenario building.
Vague, however important might be the change in economic regulations on economic matters: Back to a more “liberal” strand UK seems to prefer (less “social policy” etc.).
There are some publications on this issue to be checked for insights and the British government is starting a process on “the balance ofcompetences” (https://www.gov.uk/review-of-the-balance-of-competences[22.07.2013 21:23:36]):
- Hindley, B. and Howe, M. (1996): Better Off Out? The Benefits or Costs of EU Membership, 99, London, The Institute of Economic Affairs (IEA)
- Minford, P., V. Mahambare and E. Nowell (2005), Should Britain leave the EU? An economic analysis of a troubled relationship. Cheltenham, Northampton, Elgar.
- Geddes, A. (2013), Britain and the European Union. Palgrave Macmillan.
- Kazowski, A. (2013), How to withdraw from the European Union? Confronting hard reality, CEPS Commentaries: 1-4.
- HM Government, July 2013, Review of the Balance of Competences between the United Kingdom and the European Union: The Single Market
- Europe Economics (2013), Optimal Integration in the Single Market: A Synoptic Review - A Europe Economics report for BIS. London.
Have fun doing research on this and keep me posted – thank you!
U Brasche
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It is almost implied that the environmental law must be uniformly applied cross-border in order to be effective. I attach below a new case from the CJEU C-258/11, only the AG Opinion has been delivered. Except the reinforcement of the importance of the precautionary principle and the specification that an effect which is permanent or long lasting must be regarded as an adverse one in the light of the named principle, the issue of admissibility is also interesting.
It is obvious that nature can not be divided in different jurisdictions, but the reality is that we all live on a political map. A very formalistic interpretation of the admissibility issue would lead to the conclusion that the question was inadmissible.
Economic Freedoms by analogy
According to settled case-law, the provisions of the Treaty do not apply to purely internal situations in a Member State (see, to that effect, Joined Cases C‑54/88, C‑91/88 an C‑14/89 Nino and Others [1990] ECR I‑3537, paragraph 11; Case C‑134/94 Esso Española [1995] ECR I‑4223, paragraph 17; and Case C‑389/05 Commission v France [2008] ECR I‑5397, paragraph 49).
However, even in a purely internal situation the Court’s answer may nevertheless be useful to the referring court, in particular if its national law required it to grant the same rights to an own national as those which a national of another Member State in the same situation would derive from European Union law. see, Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 39; Case C‑393/08 Sbarigia [2010] ECR I‑6333, paragraph 23; and Case C‑245/09 Omalet [2010] ECR I‑0000, paragraph 15
Where domestic legislation adopts for purely internal situations the same solutions as those adopted in Union law, it is for the national court alone, in the context of the division of judicial functions between national courts and the Court of Justice under Article 267 TFEU, to assess the precise scope of that reference to Union law, the consideration of the limits which the national legislature may have placed on the application of Union law to purely internal situations being a matter for the law of the Member State concerned and, consequently, falling within the exclusive jurisdiction of the courts of that Member State. Joined cases C-439/07 and C-499/07, paragraphs 58-59
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Yes, exactly even in cases where no cross-border element is de facto present, it may be very probable that a similar situation in the near future may involve a resident of another member state. Trade within the internal market is supposed to be free and even potential barriers, which only are likely to hinder the establishment & development of the internal market, are prohibited. (The market access type of approach) This is also the most usual case.
However there are some newer interesting cases coming from other fields than free movement. A very interesting one is the recent antitrust case concerned with a Hungarian Cartel Allianz Hungária Biztosító, case C-32/11. The judgment has been released today and the solution adopted does not follow the AG Opinion from 25 October 2012. I am happy to see that the Court took the view first that it had jurisdiction and second that the issue was admissible.
It's always a good feeling to discover that the Court has ruled in line with your own reasoning. http://www.concurrences.com/anglais/bulletin/news-issues/october-2012/the-ecj-advocate-general-cruz?onglet=1&lang=en
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The interpretation of the direct standing rights according to Article 263(4) TFEU is very strict according to the Plaumann Test. The Lisbon Treaty aimed to increase the protection by opening for the possibility to apply for the annulment of a regulatory act. The Opinion of AG Kokott explains in detail that a regulatory act is a non-legislative act of general application; it refers to rule-making by the executive. Regulations are on the other hand legislative acts and individuals can not apply directly before the Union court for the annulment of a Regulation.
The alternative left for an individual as suggested by AG Kokott is to contact the national authorities trying to obtain a decision and if the decision were negative then it could be challenged before the national court. However, I am not sure that the administrative procedures of the member states allow this type of action. If the authority choose not to answer the questions sent by the applicant (in abstracto) the only practical solution is to commit an infringement and in this manner initiate the procedure. What is your opinion on this matter?
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Answer
In Canada Inuit have the right to hunt anything they have traditionally hunted using either traditional or modern methods.
Your comments about cases getting to the supranational level reinforces one of the problems that exists in the EU due to its ad hoc nature. As it gravitates towards a federal system, this process will become less ad hoc if the member states' legal systems are harmonized. In cases such as Britain, this may prove to be impossible' It would be interesting to do a study of how long cases are taking to reach the EU level and what factors mitigate and agravate the
process.