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Topic: European Court


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In the News (Thu 16 Feb 12)

  
  European Court of Auditors - Wikipedia, the free encyclopedia
The European Court of Auditors is one of five institutions of the European Union.
The Court was established on 22 July 1975 by the Budgetary Treaty of 1975.
For twelve years in a row the European Court of Auditors has refused to sign off the EU accounts,[1] stating that they cannot verify the location of 65% of EU funds, although independent financial experts place the figure at 93.4%.
en.wikipedia.org /wiki/European_Court_of_Auditors   (844 words)

  
 European Court of Justice - Wikipedia, the free encyclopedia
The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the supreme court of the European Union (EU).
The Court sits as a full Court in the very exceptional cases exhaustively provided for by the Treaty (for instance, where it must compulsorily retire the European Ombudsman or a Member of the European Commission who has failed to fulfil his obligations) and where the Court considers that a case is of exceptional importance.
It is the responsibility of the Court of Justice to ensure that the law is observed in the interpretation and application of the Treaties of the European Union and of the provisions laid down by the competent Community institutions.
en.wikipedia.org /wiki/European_Court_of_Justice   (2512 words)

  
 European Court of Human Rights Summary
The new court was the result of the ratification of Protocol 11, an amendment to the Convention, which was ratified in October 1997.
In December 1977, the court ruled that the government of the United Kingdom was guilty of "inhuman and degrading treatment", of men interned without trial, by the court, following a case brought by the Republic of Ireland (Case No. 5310/71).
The court found that while their internment was a violation of the convention rights, it was justifiable in the circumstances; it however ruled that the practice of the five techniques and the practice of beating prisoners constituted inhumane and degrading punishment in violation of the convention, although not torture.
www.bookrags.com /European_Court_of_Human_Rights   (2599 words)

  
 The place of the European Court of Human Rights
From its earliest judgments the Court recognised the subsidiary character of the Convention system, by which it meant that it was primarily for the national authorities, and particularly the national judicial authorities to secure the rights enshrined in the Convention.
The European Court of Human Rights stated that freedom of expression “constituted one of the essential foundations of [democratic] society, one of the basic conditions for its progress and for the development of every man”, a statement which was repeated in many later judgments.
In the Handyside casethe European Court continued that this right is “applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population”.
www.concourt.am /hr/ccl/vestnik/2.16-2002/vildxaber-rez.htm   (1638 words)

  
 Jehovah's Witnesses: European Court of Human Rights
The European Court of Human Rights examined the circumstances of his most recent arrest and determined that Jehovah's Witnesses are indeed a "known religion" under Greek law and that there had been a pattern of violation of freedom of religion.
Although an Austrian court found Ingrid Hoffmann to be "unfit" as a parent because she was one of Jehovah's Witnesses, the European Court of Human Rights reversed the Austrian court decision, determining that "a distinction based essentially on a difference in religion alone is not acceptable."
The European Court found that "the applicants did not have an effective remedy before a national authority." In other words, Greece failed to provide the Valsamis family with a legal channel to protect their rights, which included the parents' right to teach their child and the child's right to freedom of religion.
www.jw-media.org /rights/european_court.htm   (1700 words)

  
 Project on International Courts and Tribunals
The impetus from the adoption of the 1950 European Convention came from the atrocities committed in Europe before and during the Second World War and the desire to bring the non-Communist countries of Europe together within a common ideological framework, stressing individual civil and political freedoms and rights, as opposed to communist ideas.
Firstly, with the demise of communism and the enlargement of the Council of Europe to Eastern European States, the ECHR has become, of the regional courts, the one with jurisdiction over the largest number of States (40), encompassing the whole of Europe, including Russia.
While the World Court, with the transition from the PCIJ to the ICJ, has also undergone a similar rejuvenation, the magnitude and import of the metamorphosis experienced by the ECHR is unmatched.
www.pict-pcti.org /courts/ECHR.html   (615 words)

  
 GlobaLex - European Union Legal Materials: An Infrequent User’s Guide
The European Commission is roughly equivalent to the executive branch of the U.S. government, particularly the Office of the President of the United States and the cabinet-level agencies.
European Court of Justice, consisting of twenty-five judges and eight advocates-general, interprets and adjudicates disputes over EU law, a separate body of law distinct from and supreme over the law of the member states.
The national court determines that a question of European Union law is relevant to the resolution of the case before it and submits the question of European Union law to the Court for resolution.
www.nyulawglobal.org /globalex/European_Union.htm   (6807 words)

  
 European Court of Justice - Search Results - MSN Encarta
European Court of Justice, court of law of the European Union (EU), established in 1957.
The European Court of Justice (ECJ) is the judicial arm of the EU.
- court of EU: an institution that ensures that the legislation of the European Union is interpreted and applied in the same way in each member state.
encarta.msn.com /European_Court_of_Justice.html   (161 words)

  
 [No title]   (Site not responding. Last check: 2007-10-08)
In 1995, the appropriations in the European Court of Auditors section of the general budget of the European Union (which are managed directly by the Court itself) amounted to 52.1 million ECU, or about 1.3% of the administrative expenditure of the European institutions as a whole (or 0.06% of the general budget total).
The Court considers that the Member States are responsible for the detection of frauds and irregularities, for carrying out investigations of such matters and for applying penal or other sanctions, as provided in their national legislation [Footnote 33].
The Court of Auditors shall be empowered to audit the documents in respect of the revenue and expenditure of the Communities which are held by the departments of the institutions and, in particular, by the departments responsible for decisions in respect of such revenue and expenditure.
europa.eu.int /ca/intro.html   (8785 words)

  
 BBC - The Law Essential Guides - European Court of Justice   (Site not responding. Last check: 2007-10-08)
The European Court of Justice (ECJ) deals with disputes and upholds the Treaties of the European Union.
If the court decides that the Member in question is at fault, it must deal with the situation without delay or face substantial fines, perhaps imposed on a daily basis.
In this case, the ECJ is acting almost as a constitutional court for the EU as a whole.
www.bbc.co.uk /crime/law/ecj.shtml   (961 words)

  
 Rules of Procedure in the International Court and the European Court
In the case of the European Court, the EEC Treaty provides that actions before the Court shall not have suspensive effect but the Court may, if it considers that circumstances so require, order that the application of the contested act be suspended.
The principal difference which emerges from a comparison of the two Courts' powers to afford interim relief is that in the case of the European Court alone a distinction is drawn between the suspension of operation of a contested act and interim measures generally.
An examination of the European Court's exercise of that power reveals the fact that it is in practice prepared to prescribe interim relief when satisfied that it is presented with a good arguable case.
www.ejil.org /journal/Vol2/No2/art1-06.html   (847 words)

  
 European Court of Auditors   (Site not responding. Last check: 2007-10-08)
Member of the European Court of Auditors since March 2000 and, until the end of 2001, responsible for the audit of the EU's banking activities and European Coal and Steel Community (ECSC); European Schools, decentralised bodies and the Euratom Supply Agency.
Member of the European Court of Auditors since 7 May 2004, he was one of the Members responsible for Audit Group II "Structural and internal policies" until 8 March 2006.
In 2002, he returned to the Italian Court of Auditors, where he was appointed Section President responsible for coordinating the regional audit sections, and also a Member of the College of the Joint Sections for judgments on the general accounts of the State and of special-status regions and provinces, as well as reports to Parliament.
www.eca.eu.int /eca/organisation/eca_organisation_membres_en.htm   (6989 words)

  
 Support wanes for EU court - Business - International Herald Tribune
By taking referrals from national courts, and responding to cases brought by EU regulators or governments, the court makes sure EU legislation is interpreted and applied in the same way in all 25 EU countries.
In fact, proponents of integration credit the court's aggressiveness over the years with having kept the EU going and growing when its other branches - the European Commission, the European Parliament and governments - were bogged down in political infighting or lacked muscle.
Edward, for one, is sanguine about the future of the court, saying it has survived similar periods of attacks, in particular during the mid-1990s when John Major, then Britain's prime minister, lashed out at rulings that capped the workweek at 48 hours and allowed Spanish fishing boats more freedom to operate in British waters.
www.iht.com /articles/2006/05/02/business/court.php   (1318 words)

  
 EU news: An Independent View from European Voice
A RULING by the European Court of Justice over the rights of foreign workers to claim welfare benefits is being seen as a major setback for member states.
European Parliament Vice-President Catherine Lalumière has predicted that legal challenges will be mounted if the internal reform commissioner presses ahead with his preferred option to streamline the existing staff grading structure.
The European Commission is launching a study into the way some EU governments caused havoc by charging huge licence fees for third generation mobile services, while others charged far less or nothing.
www.europeanvoice.com /archive/issue.asp?id=280   (1743 words)

  
 European Union Legal Materials
The European Court of Auditors audits the accounts and implements the budget of the EU and consists of representatives from each Member States.
Accession to the European Union of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, June 24, 1994, 1994 O.J. (C 241) (Fourth Accession Treaty).
Five EU institutions are involved in the legislative process: the Commission, the Council of the European Union, the Parliament, the Committee of the Regions, and the Economic and Social Committee.
www.law.columbia.edu /library/Research_Guides/internat_law/eu   (8786 words)

  
 European court grants religious rights victory in Russia - (BP)
The court ruled unanimously Oct. 5 that the government had infringed on the rights of the Moscow branch of the Salvation Army by rejecting its re-registration as a local religious organization.
It avoided dissolution in the courts, though it transferred its assets to the national organization because of fear they would be seized by the government.
The European Center for Law and Justice and the Slavic Center for Law and Justice, both affiliated with the ACLJ, petitioned the European court on behalf of the Salvation Army branch.
www.bpnews.net /bpnews.asp?ID=24152   (489 words)

  
 Concurring Opinions: European Court of Justice Strikes EU-US Agreement on PNR Data
Commission of the European Communities, the Court of Justice found that the Europeans did not have the power, under their constitutional rules, to enter into the agreement.
Advocate Generals are members of the Court who are responsible for writing a public opinion before cases are decided, advising the Court on the law and the correct outcome.) The Court of Justice did not consider any of the privacy-related claims.
What the Court did not say was that the deeper, Three-Pillar constitutional structure of the European Union, which puts regulation of the market in the First Pillar, cooperation on fighting terrorism in the Third Pillar, barred the European Union from entering into PNR agreement.
www.concurringopinions.com /archives/2006/05/european_court.html   (2557 words)

  
 EU wrong to allow passenger data release | InfoWorld | News | 2006-05-30 | By Paul Meller, IDG News Service
The European Parliament opposed the agreement, which was brokered by the E.U.'s executive body, the European Commission, and approved by the 25 national governments of the E.U. member states.
The Parliament appealed to the Court of Justice in Luxembourg, claiming that the Commission was wrong to conclude that European citizens' personal data would be adequately protected by authorities in the U.S., and that the national governments were wrong to approve the agreement to transfer the data, signed with the U.S. government in May 2004.
The court did not overrule the substance of the agreement struck in 2004, but focused on the legal basis for those decisions, he said.
www.infoworld.com /article/06/05/30/78748_HNpassengerdata_1.html   (1289 words)

  
 Rules of Procedure in the International Court and the European Court
Adapting the language of the International Court's Statute, that of the European Court provides that Member States and institutions shall be represented by agents, assisted by advisers or `lawyers' qualified to practise before a Court of a Member State.
Article 60 of the International Court's Rules of Procedure states in terms that the oral statements made on behalf of each party shall be as succinct as possible within the limits of what is requisite for the adequate presentation of that party's contentions at a hearing.
Although the European Court's injunction has not been embodied in a formal rule, it is enforced with a degree of severity unknown at The Hague.
www.ejil.org /journal/Vol2/No2/art1-09.html   (957 words)

  
 Ruling sends press freedom reeling - World - www.smh.com.au
The European Court has quietly brushed aside 50 years of international case law in a landmark judgement on press freedom by ruling that Brussels does not have to comply with European human rights codes.
It is a test case of whether the European Court will adhere to the democratic freedoms and liberal principles upheld for the last half-century by Europe's leading rights watchdog, the non-EU Court of Human Rights in Strasbourg, or whether it will pursue a more authoritarian line as its power grows.
The EU's Court of First Instance ruled against Tillack last week on the grounds that the case was a strictly Belgian matter.
www.smh.com.au /articles/2004/10/18/1097951633075.html?oneclick=true   (468 words)

  
 European Court Blocks Agreement to Share Passenger Data   (Site not responding. Last check: 2007-10-08)
But the European Court of Justice in effect nullified the agreement, declaring it was a breach of privacy.
The European Parliament had brought the suit to block the agreement, saying it was excluded from the negotiations.
The court set a four-month grace period, until Sept. 30, for the U.S. and EU to negotiate a new treaty.
www.consumeraffairs.com /news04/2006/05/travel_eu_court.html   (417 words)

  
 In The Courts | European Court of Human Rights Considers Appeal of Polish Woman Allegedly Denied Abortion - ...
The European Court of Human Rights on Tuesday began considering the appeal of a Polish woman who says that in 2000 she was denied an abortion despite warnings from physicians that she could become blind if she continued the pregnancy, the
She filed a complaint with the European Court in January 2003 (noticias.info, 2/8).
It likely will be three to four months before the court makes a final judgment in the case, a court spokesperson said.
www.kaisernetwork.org /daily_reports/rep_index.cfm?DR_ID=35333   (415 words)

  
 Hustinx warns that PNR deal could return to court
The EU is trying to replace an agreement with the US to transfer the data after the European Court of Justice annulled an original agreement ­because the wrong legal basis was used.
The court did not rule on concerns over civil liberties from the ­European Parliament, which took the case and was supported by Hustinx.
In his role as European Data Protection Supervisor, the EU institutions can consult Hustinx on legislation and agreements affecting his remit, but this has not happened so far on the new deal with the US.
www.europeanvoice.com /current/article.asp?id=26357   (578 words)

  
 European Court of Human Rights
The Assembly's recommendation [1535(2001)], adopted on 26 September 2001, deals with the structures, procedures and means of the European Court of Human Rights.
The Assembly noted that all this must also be considered in the light of current developments in the European Union, notably the proposals to revise the EU treaties into an EU constitution which might possibly include the protection of fundamental rights together with the Assembly's proposal for the accession of the EU to the ECHR.
The Assembly noted the energetic action already taken by the Court itself and by the Committee of Ministers to respond to the situation, notably a preliminary increase in staffing resources provided in January 2001 and the decision to establish the Evaluation Group on guaranteeing the future effectiveness of the Court.
www.hri.ca /forthereCord2001/euro2001/vol1/court.htm   (567 words)

  
 European Court ruling could affect Microsoft case | InfoWorld | News | 2003-10-02 | By Paul Meller, IDG News Service
The specifics of the IMS Health case will be decided by a German court in Frankfurt, after the Luxembourg-based European Court gives its official ruling.
If the court agrees that it was NDC's intention to offer a better or different product, then that would be considered a qualifying circumstance "that would render a refusal to grant a license an abuse of IMS's dominant position," he said.
If the European Court does follow the opinion, then IMS Health will seek "substantial" monetary damages from NDC for having used its database structure when the case returns to the Frankfurt court, IMS Health said.
www.infoworld.com /article/03/10/02/HNeucourtruling_1.html   (1277 words)

  
 Microsoft's Day in European Court
The European antitrust case is also a crucial test for intellectual property rights -- and indeed, a potential turning point in the relationship between regulators and the tech business.
Former European Commissioner Mario Monti, who pushed the Microsoft suit when he was in office, could have settled it during days of frantic last-minute negotiations preceding the decision.
And whatever they decide is subject to yet another appeal at the European Court of Justice, the highest judicial body in the 25-member-state European Union.
www.businessweek.com /globalbiz/content/apr2006/gb20060424_729316.htm   (1571 words)

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