The welfare effects of minority-protective judicial review [PDF]
Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highlights an indirect effect of judicial review that complicates this conventional wisdom.
Justin Fox, Matthew C Stephenson
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The forms of protection civil rights parties of the bank deposit contract
The article is dedicated to analyze the forms of protection civil rights parties of the bank deposit contract considering the statistical data in regard to banks which allow violations of these rights and necessity to restore these rights by competent ...
Юрій Миколайович Моісеєнко
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Les intérêts diffus, instruments pour la justice et la démocratie environnementale
The legal concept of diffuse interests is an instrument for environmental justice and democracy. This is a consequence of the role of diffuse interests in the context of the judicial process and its social functions.
Alexandra Aragão
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Remedies and Effective Judicial Protection in community Law [PDF]
One has to admire the tenacity of Miss Marshall. Some thirteen years after an Industrial Tribunal took an imaginative and bold decision, declaring that Article 5(1) of the Equal Treatment Directive (ETD)’ was capable of creating direct effect between the applicant and her employer, Miss Marshall is still battling to receive adequate compensation for ...
Barry Fitzpatrick, Erika Szyszczak
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Associação Sindical dos Juízes Portugueses: The Court of Justice and Athena's Dilemma
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 395-407 | European Forum Insight of 30 May 2018 | (Table of Contents) I. Athena's dilemma. - II. The case of Associação Sindical dos Juízes Portugueses. - II.1. The facts
Michał Krajewski
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Effectiveness, Judicial Protection, and Loyalty [PDF]
AbstractChapter 6 starts by discussing the role of the principle of effectiveness as a means to ensure the effective judicial protection of Union citizens in exercising rights provided in Union law instruments such as directives. It is shown that, similar to supremacy, effectiveness can lead either to the disapplication of national (procedural) law ...
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THE PROVISIONAL ENFORCEMENT OF A SENTENCE IN THE ARGENTINE PROCEDURAL REFORM
The work sets out to analyze the provisional enforcement of a sentence, as a tool to guarantee continuous and effective judicial protection, based on the analysis of the reform proposal for the procedural regime of Argentina in general and of the ...
Ornela C. Piccinelli
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Protection of jobseekers participating in job announcements and advertisements, and the right to an effective remedy in the general employment regime [PDF]
Public job announcements and advertisements are instruments which provide for exercising the constitutional principle that all available jobs must be accessible to everyone under equal conditions.
Kovačević Ljubinka
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Effective Judicial Protection and Mutual Recognition in the European Administrative Space [PDF]
AbstractThe right to effective judicial protection is driving to a significant evolution of EU administrative law, especially in view of the multijurisdictional nature of the European administrative structure. This Article focuses on gaps in judicial protection arising from mutual recognition in transnational interactions between the administrative ...
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Objective: to examine the contribution of judicial reasoning to the legislation interpretation, which is aimed at strengthening the legal protection of children against child pornography and digital sexual abuse under the rapid development of cyberspace.
Ya. A. Abdelkarim
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