To Be or Not to Be a Worker: Legal Uncertainty and Precarious Employment in the European Union
Abstract Precarious employment has gradually moved onto the European Union (EU) policy agenda, so far culminating in the proclamation of the European Pillar of Social Rights (the Pillar). However, the effectiveness of these renewed social ambitions is challenged by legal uncertainty and entangled in ongoing political and legal disputes over the ...
Dorte Sindbjerg Martinsen +2 more
wiley +1 more source
Implementing China and Hong Kong's Preliminary Reference System: Transposability of Article 267 TFEU Principles [PDF]
Article 158(3) of Hong Kong’s post-handover constitution stipulates a preliminary reference procedure that was modelled upon article 267 of the Treaty on the Functioning of the European Union (“TFEU”). In the first 16 years of its life, Hong Kong’s Court
Chan, CSW
core
Il futuro del rinvio pregiudiziale nell’architettura giurisdizionale dell’Unione europea [PDF]
After briefly analyzing the origins of the preliminary reference procedure and its devel- opment through the ECJ’s case law (which has also contributed, precisely through the preliminary rulings, to shaping the EU legal order), the paper examines the ...
C. Amalfitano
core
Rights of Nature in the EU: A thought experiment to improve access to justice
Abstract Against the backdrop of the growing need for legal innovation in environmental protection, this article explores the interplay between Rights of Nature (RoN)—a legal theory asserting that the inherent moral value of nature must be protected legally by granting rights and legal personality to nature itself—and the EU constitutional right of ...
Emma Sanvito, Mariolina Eliantonio
wiley +1 more source
Alcune criticità della tutela giurisdizionale multilevel [PDF]
This paper examines some critical aspects of the judicial protection offered by the supranational courts (Strasbourg and Luxembourg). In particular, reference is made respectively to Protocol 16 of the ECHR and to the obligatory preliminary reference to ...
Anna Maria Nico
core
ABSTRACT This article explores endogenous problems of joint implementation in multi‐level systems. Focusing on the European Public Prosecutor's Office (EPPO), we theorize a causal mechanism of conflict deferral, whereby contentious negotiations are resolved through deliberately ambiguous legislation that postpones conflict to the implementation stage ...
Adina Akbik +3 more
wiley +1 more source
Jogvita az orvostechnikai eszköz és a gyógyszer fogalmának értelmezéséről| Debate of the legal interpretation of definitions of medical devices and medicinal products for human use [PDF]
2013. október 3-án az Európai Unió Bírósága az orvostechnikai eszközök (93/42/EGK irányelv) és a gyógyszerek minősítése (2001/83/EK rendelet) az emberi felhasználásra szánt gyógyszerek értelmezésével kapcsolatban – az EUMSZ 267.
Ferge, Zsigmond
core +1 more source
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley +1 more source
Economic Dependence: A New Frontier in EU Competition Law?
ABSTRACT This paper argues for the recognition of economic dependence as a relevant concept within EU competition law, moving beyond the traditional—yet limited—dominance‐based framework of Article 102 TFEU. Comparative analysis shows that this, or an equivalent concept, is already embedded in the domestic competition regimes of several EU Member ...
Jimena Tamayo Velasco
wiley +1 more source
Iustitias vestras iudicabo – European Commision’s action against Poland over the prohibition of pharmacy advertising [PDF]
In July 2023 the European Commission has announced bringing an action to the Court of Justice of the European Union against Poland. The action concerns on the functioning of the prohibition of pharmacy advertising in Polish law, which leads to the ...
Krzysztof Karpowicz +1 more
core +1 more source

