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Topic: EC law

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  EC Packaging Law
The EC has been developing its own directive and in February, 1992 the Commission submitted a fifth version of the proposal for a new EC packaging directive to the individual governments.
The adoption of an EC packaging directive, essentially an eco- labelling issue, is important because it addresses the concerns of those within the EC who are opposed to the German packaging law, as well as to develop harmonized standards on packaging which are important for the single market goals of the Community.
As in Germany, waste disposal is a significant issue in the EC as a whole because landfills in some member states are nearing saturation points without adequate space for new landfills.
www.american.edu /projects/mandala/TED/ecpack.htm   (1146 words)

 EC law Structure   (Site not responding. Last check: 2007-10-12)
EC law an introduction to the legal structure.
When UK courts are faced with national law which is inconsistent with EC law, initially they would apply the UK law regardless, because Parliament, as the supreme law maker, had set out the law to be applied.
If a national law stops people from benefiting from that end result, the doctrine of direct effect allows individuals to cut through the inconsistent national law and go straight to the end result set out in EC law.
www.learnedcounsel.com /ecstructure.htm   (1748 words)

 EU, EC and European Law Essays and Dissertations
The conclusion to be drawn from this is that the existence of national legislation preventing the supremacy of EC law must result in the removal or disregarding of the domestic legislation to ensure the supremacy of EC law.
This means that the ECJ can only pass judgement on points of law to facilitate a judgement by a national court which applies that judgement on the relevant point of law, to the facts of a specific case in order to reach a verdict.
If we suspect that any law essays or materials are being used for such purposes then we will refuse to carry out that work and all future essay work for the person involved.
www.law-essays-uk.com /essaysamples/EUlawessay/state.htm   (2594 words)

 The Law Department at the London School of Economics - Staff - Giorgio Monti
His principal research interests are in the field of competition law, in particular the development of EC competition law, the use of economics in competition law and the connections between competition law and sector-specific regulation.
Chapters 21-24 consider the application of EC competition law to the activities of private firms, with a special emphasis on how the Commission and the Court’s approach has evolved and on how the use of economics has shaped the development of the rules.
According to the European Court of Justice, a party privy to an anticompetitive agreement that infringes Art 81 EC may, if he is not significantly responsible for the breach of EC Law, claim damages from the other party.
www.lse.ac.uk /collections/law/staff/giorgio-monti.htm   (1648 words)

 Alberto J. Gil Ibáñez, The "Standard" Administrative Procedure For Supervising And Enforcing Ec Law: Ec ...   (Site not responding. Last check: 2007-10-12)
EC Treaty Article 211 grants the Commission a general power to "ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied." The exercise of this general power can occur in a number of ways.
In common law countries, the legal response focuses on judicial remedies such as the "mandamus," the injunction, and the principle of due process of law.
EC law is made by scholars, judges, and officials who write in different languages and come from different legal cultures.
www.law.duke.edu /journals/lcp/articles/LCP68Dwinter2004P135.HTM   (11182 words)

 EU Law Blog: July 2006   (Site not responding. Last check: 2007-10-12)
But Article 68 EC provides for limited scope for the Court of Justice to give preliminary rulings on the provisions in that Title and acts of the institutions adopted pursuant to it.
Italy had breached Article 39 EC by not guaranteeing recognition of the rights acquired by former foreign-language assistants who have become associates and mother-tongue linguistic experts, even though such recognition was guaranteed to all national workers.
The case was brought by the Commission itself on the basis of Article 213 EC and Article 126 EA against Mrs Edith Cresson who was a member of the Commission from January 24th 1995 to September 8th 1999.
eulaw.typepad.com /eulawblog/2006/07/index.html   (1687 words)

 The K-Zone: Supremacy of EC law
The earliest notion of a principle of supremacy of EC law appears to be in the case of VanGendEnLoos1963, which concerned a conflict between Dutch law, and the EC legislation on FreeMovementOfGoods.
However, once the doctrine of DirectEffect had become well established, it soon became clear that, in asserting the supremacy of EC law, the ECJ was asserting the supremacy of a body of law that was missing a number of key principles.
That decision was that EC law incorporated general principles derived not from the Treaty, but from the rules of natural justice and the constitutional principles of the member states.
www.kevinboone.com /PF_lawglos_SupremacyOfECLaw.html   (1743 words)

 Department of Law || University of Leeds
This course aims to give students a thorough grounding in the constitutional and institutional foundations of the EU, and to introduce them to a number of essential topics of substantive law, chosen because of their centrality in the EU system and/or their intrinsic interest.
The philosophy underlying the course is the importance of studying EC law and the EU legal order in its wider political and socio-economic context.
In addition, EC law is a fast-moving area where it is essential to consult up-to-date works.
www.leeds.ac.uk /law/lawmods/eclaw.htm   (851 words)

 General Principles of EC Law
The reasoning of the ECJ is that the EC notion of fundamental human rights is inspired by the concepts behind municipal law provisions: the Court does not concede that it may be actually applying the Member States’ internal law.
Proportionality has since found confirmation in the EC Treaty itself where in Article 3b it is stated that "An action of the Community shall not go beyond what is necessary to achieve the objectives of the Treaty." The Court will tend not to interfere unless there is blatant and obvious infringement of the principle.
The origin of the former principle is German law and, according to this notion, EC measures must not, in the absence of an overriding matter of public interest, violate the legitimate expectations of those concerned.
www.mifsudbonnici.com /lexnet/articles/artgenprinc.html   (3042 words)

 Mel Kenny
Attention is also drawn to the issues of the legal base, the compatibility of reform with basic principles of EC law and the legitimacy of the exercise.
Finally, national law reform initiatives can be superimposed on the legal fragmentation generated by secondary law, producing further cleavages between and amongst the provisions of national and EC law.
Whilst the enhanced coherence of EC law can be seen as interwoven with the objects of the frame of reference there is no automatism between the two; whether these options will inform one another remains to be determined.
www.cisg.law.pace.edu /cisg/biblio/kenny1.html   (5585 words)

 EC Customs Law
The customs law of the EC is sometimes regarded as a specialist field, having little association with the main body of the EC law and divorced from some its most interesting developments.
On the other hand, it is fundamental to the relationship between the EC and the rest of the world, particularly, of course, in relation to trade relations and development policy.
Customs law is of critical importance to the internal market, and it is fundamental also to the Union's relations with the outside world.
www.tralac.org /scripts/content.php?id=3233   (246 words)

 Breaches of EC Law and the International Responsibility of Member States   (Site not responding. Last check: 2007-10-12)
Applied to the EC, use of the term `subsystem' as strictly understood is debatable.
First, a member state may be liable in international law for breach of EC law where that EC law is an international agreement to which the Community is a party.
Secondly, Simma's 1985 conclusions concerning the EC as a self-contained regime, assessed in light of recent developments in EC law on state liability, arguably remain applicable, suggesting that international responsibility for breaches of EC law by member states, in extremis, cannot be absolutely excluded.
www.ejil.org /journal/Vol13/No3/ab4.html   (288 words)

 European Law Modules   (Site not responding. Last check: 2007-10-12)
For decades, competition law was regarded essentially as a necessary complement to the Treaty’s free movement provisions in the process of market integration, and was implemented centrally by the European Commission subject to review by the European Court of Justice.
The module will also examine the major developments in EU labour law, including: the law on equal treatment of men and women, working time, the information and consultation of workers, and the tension between labour law and the law of the single market.
One part of the explanation is developments within the EU level: the liberalisation of border controls, and the creation of legislative powers in relation to immigration and asylum law by the Treaty of Amsterdam.
www.kent.ac.uk /law/postgraduate/masters/euromodules.htm   (1422 words)

 Fair Trading in EC Law
Fair trading, that is to say the idea of a fair market-behavioural standard in the pre-contractual relationship between business and consumers, has played a fundamental role in EC law since the very beginning of the Community.
The author provides a systematic and comprehensive analysis of primary law as interpreted by the European Court of Justice in its relevant case law and of Community legislation pertaining to fair trading.
The work is well documented, his analysis of the case law of the ECJ offers many new insights into legal doctrine and argument, and the abounding comparative literature is excellently researched.
www.europalawpublishing.com /european_law/40x.htm   (447 words)

 The Application of EC Law in Arbitration Proceedings
Different methodological approaches to the problem of the relationship between EC law and arbitration inspired by European law or arbitration practice are analysed.
Both the grounds of application of EC law in arbitration proceedings and various mechanisms at the national and Community level safeguarding its application are extensively considered.
The ultimate aim of this book is to open up the problem area to an audience with diverse specialist knowledge: arbitration practitioners, lawyers, judges, and anyone with an interest in the influence of EC law on arbitration and private law in general.
www.europalawpublishing.com /european_law/arbitration.htm   (232 words)

 Amazon.com: EC Customs Law (Oxford Ec Law Library): Books: Timothy J. Lyons   (Site not responding. Last check: 2007-10-12)
EC Customs Law is an important new study which places the law relating to customs duty in its broader international and EC context.
It is a key resource for those already familiar to the area, whether as practitioners, government or Community officials, or graduate students, as well as an accessible introduction for readers who are coming to the subject for the first time.
Then the various international agreements and arrangements between the EC and third countries are considered, and their significance for traders, and the importance of international law generally, is emphasized.
www.amazon.com /EC-Customs-Law-Oxford-Library/dp/0198764928   (844 words)

 European Union Criminal Law & Procedure - UofM Law School
Because the EU requires its members to change their own laws to conform to EU standards, you will also want to research the laws of your specific country of interest.
The primary sources of law are the founding (or constitutive) treaties (from the ESCS Treaty of 1957 to the Maastricht Treaty of 1992).
Produced in June and December, each publication is a cumulation including all binding secondary EC legislation in force from 1952 to the present.
www.law.umn.edu /library/tools/pathfinders/eucrimguide.html   (2722 words)

 Human Rights Law Essays and Dissertations
This meant that the UK was in effect handing over some of its power to the EC and that directly effective EC law prevailed over national law as demonstrated in the case of Factortame1.
This EC supremacy over UK law was not complete as UK law still prevailed over indirectly effective EC law if consistent interpretation was not possible.
Another possible problem with the HRA with regards to EC supremacy is that of entrenchment of the Act into UK law.
www.law-essays-uk.com /essaysamples/humanrightslawessay/threat.htm   (994 words)

 UWLS Course Syllabus   (Site not responding. Last check: 2007-10-12)
Class time will be divided between discussion of EU legal institutions based on the EC law textbook reading assignments, and the different particular electronic commerce law and policy issues addressed each week.
Students are not expected to have studied EU law before taking this class.
All students will be expected to be familiar with those areas of EU law covered in required readings from the EC Law textbook, however.
www.law.washington.edu /courses/winn/E539/Syllabus.html   (606 words)

 Teaching the EU: SYLLABI - LAW
In the EC, despite proposals from the Parliament and commentators, no similar right of appeal from Member State courts to the Court of Justice exists.
4.The idea that foreign lawyers and law firms should be able to conduct certain types of practice without qualifying for the Host State bar is derived originally from the international legal advisor status created by French law in 1971 (and recently eliminated in the merger of avocats and legal advisers in 1991).
EC external relations and trade law; the EC, GATT and the WTO; the Anti-dumping Regulation and procedural and substantive rules in its application
www.eurunion.org /infores/teaching/law.htm   (3549 words)

 SSRN-Efficiency Claims in EC Competition Law and Sector-specific Regulation by Damien Geradin
Many competition lawyers and economists argue that the prime of objective of competition law regimes is to promote economic efficiency.
For instance, although this concept is referred to in an increasingly larger number of regulations, guidelines, etc., EC competition law does not offer any precise definition of economic efficiency.
Against this background, this paper seeks to clarify the meaning, scope, and validity of "efficiency claims" in EC competition law, as well as the importance of efficiency considerations in sector-specific regulation.
papers.ssrn.com /sol3/papers.cfm?abstract_id=617922   (573 words)

 Irish Law: Events
The Conference will address the impact of EC competition law on the state's role as an economic actor.
The theme brings together a number of diverse areas of EC law, including the impact of the general principle of co-operation enshrined in Article 10 (ex Article 5) EC, the provisions of
Article 86 (ex Article 90) EC, and EC law on state aids.
www.ucc.ie /ucc/depts/law/irishlaw/events/ec_competition23feb2001.shtml   (291 words)

 EU Law Blog: Trade   (Site not responding. Last check: 2007-10-12)
The Court affirmed strongly that the Greek authorities must defer to the judgment of the Hungarian courts on the issue of the validity of the certificates issued by the Hungarians pursuant to the association agreement.
If the authorities of a member State of import or the EC institutions failed to take into account the decisions delivered by the Hungarian courts’ ruling in carrying out their duty to review the legality of Hungarian administrative decisions, those authorities or institutions would infringe the exporter’s right to an effective judicial remedy.
This time, it's not the banana traders suing the EC for damages, it is the EC exporters who suffered from the temporary compensatory measures imposed by the United States who claimed compensation from the EC.
eulaw.typepad.com /eulawblog/trade/index.html   (1523 words)

 Master in Energy and Environmental Law
Geert van Calster graduated from the Law Faculty of Leuven University in June 1993 (LL.B. ‘93) and obtained a Master’s degree (LL.M.) at the College of Europe, Bruges, in July 1994.
He was called to the Brussels Bar in February 1999, having worked as of counsel with the London and Brussels office of City law firm SJ Berwin and Co since 1995.
His expertise covers international trade law; EC environmental law and EC economic law; and international environmental law, subjects on which he publishes and speaks extensively.
www.law.kuleuven.ac.be /imer/master/cv_gvancalster.html   (341 words)

 Home - Faculty of Law, University of Cambridge
Law has been studied at Cambridge University since the thirteenth century.
On Thursday 16th November 2006 the Centre for Public Law held the sixth in the series of lectures in...
CELS Lunchtime Seminars: 'EC Law and International Agreements of the Member States- An Ambivalent Relationship?'
www.law.cam.ac.uk   (378 words)

 SSRN-A Legal Options Approach to EC Company Law by Gerard Hertig, Joseph McCahery
There are significant barriers to the EC's ability to promote efficient regulatory choice due to interest group pressures, diffuse control over the agenda-setting process, and a limited capacity to anticipate and meet a wide range of Member State demands.
This article shows that bringing options to the forefront of company law reform can reduce costs for small and medium-sized firms and provide clear benefits to companies that differ in their ownership and control structure from most large public corporations.
Switching to a company law regime with different sorts of options can have a good effect on stakeholders as well.
papers.ssrn.com /sol3/papers.cfm?abstract_id=882388   (378 words)

 New EU Merger Regulation and Reform of EC Antitrust Enforcement
One of the aims of the modernization of EU Competition law was to make the competition law uniformly applicable to the competition law regime in all Member States.
In all cases that have an effect on trade between member states EC Competition law will have to be applied.
The main objective of the New Merger Regulation is to ensure uniform and effective application of EC competition law throughout the Community.
www.gtlaw.com /pub/alerts/2004/vanzutvena_06.asp   (2341 words)

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