Results 21 to 30 of about 26,182 (235)

When Two Preliminary Questions Result in One and Half Answers: A 'Constitutional Tragedy' in Four Acts

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 911-930 | Article | (Table of Contents) I. Introduction. - II. How the story unfolded: the four acts of the "constitutional tragedy". - II.1.
Mariolina Eliantonio, Chiara Favilli
doaj   +1 more source

The Legitimacy of Preliminary Questions to the Court of Justice of the European Union (CJEU) on the Legal Status of Supreme Court Judges in Poland

open access: yesStudia Iuridica Lublinensia, 2021
The analysis presented in this article concerns the impact of Court of Justice of the European Union (CJEU) jurisprudence on the legal situation of Supreme Court and Supreme Administrative Court judges in Poland.
Zbigniew Czarnik
doaj   +1 more source

A little less autonomy? The future of working time flexibility and its limits [PDF]

open access: yes, 2020
The European Court of Justice has recently issued rulings on the interpretation of the European Working Time Directive 2003/88, which appear to restrict flexible working time arrangements(especially Matzak C-518/15,Syndicat C-254/18 and CCOOC-55/18 ...
Glowacka, Marta Joanna
core   +1 more source

The EEA Agreement as a Jack-in-the-box in the Relationship Between the CJEU and the European Court of Human Rights?

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(2), 707-743 | Article | (Table of Contents) I. Introduction. - II. Attribution of conduct and the European Court of Human Rights case-law on international organisations. - II.
Halvard Haukeland Fredriksen   +1 more
doaj   +1 more source

The fundamental right to (intellectual) property and the discretion of the legislature [PDF]

open access: yes, 2013
The article makes two points regarding the fundamental rights dimensions of intellectual property (IP). First, it explains why the prevailing approach to balancing the fundamental right to intellectual property with conflicting fundamental freedoms as if
Peukert, Alexander
core   +1 more source

Competition, Economic Freedoms and Collective Action: What the US can teach Europe

open access: yesItalian Labour Law e-Journal, 2019
The article analyses, under a comparative approach, the case law of Us Courts and of the CJEU on the relationships between economic freedoms, competition law and collective action.
Fabio Pantano
doaj   +1 more source

The disorganised nature of European disability: rethinking protection for HIV positive individuals [PDF]

open access: yes, 2014
Despite the fact that there are approximately 80 million individuals with disabilities within the EU, there is no coherent definition of disability. There is also no clear consensus amongst Member States as to the question of whether People Living with ...
McTigue, P
core   +1 more source

One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts

open access: yesCroatian Yearbook of European Law and Policy, 2013
In a spectacular decision, in 2012 the Czech Constitutional Court declared the Landtová judgment of the CJEU ultra vires and therefore inapplicable on the territory of that Member State.
Martin Petschko, Agata Barbara Capik
doaj   +1 more source

Article 4(1)(a) 'establishment of the controller' in EU data privacy law - time to rein in this expanding concept? [PDF]

open access: yes, 2016
Introduction:Article 4 of the Data Protection Directive—defining the Directive’s territorial scope—has always been shrouded in a veil of mystery.1 No one seems to have been quite certain as to exactly what the role of that Article is and how it relates ...
Svantesson, Dan Jerker B
core   +1 more source

Legal, compliant and suitable: The ECB‘s Pandemic Emergency Purchase Programme (PEPP).BertelsmannStiftung/jacques Delors Centre Policy Brief 25 March 2020 [PDF]

open access: yes, 2020
The ECB has announced a 750-billion-euro purchase programme to fight the economic impact of the COVID-19 pandemic. But like all ECB programmes in recent years, the new Pandemic Emergency Purchase Programme (PEPP) will likely be challenged in court.
Grund, Sebastian
core  

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