Results 21 to 30 of about 13,041 (208)

The welfare effects of minority-protective judicial review [PDF]

open access: yesJournal of Theoretical Politics, 2014
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
openaire   +1 more source

The forms of protection civil rights parties of the bank deposit contract

open access: yesПроблеми Законності, 2017
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
doaj   +1 more source

Les intérêts diffus, instruments pour la justice et la démocratie environnementale

open access: yesVertigO, 2015
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
doaj   +1 more source

Remedies and Effective Judicial Protection in community Law [PDF]

open access: yesThe Modern Law Review, 1994
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
openaire   +1 more source

Associação Sindical dos Juízes Portugueses: The Court of Justice and Athena's Dilemma

open access: yesEuropean Papers, 2018
(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
doaj   +1 more source

Effectiveness, Judicial Protection, and Loyalty [PDF]

open access: yes, 2014
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 ...
openaire   +1 more source

THE PROVISIONAL ENFORCEMENT OF A SENTENCE IN THE ARGENTINE PROCEDURAL REFORM

open access: yesRevista Eletrônica de Direito Processual, 2020
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
doaj   +1 more source

Protection of jobseekers participating in job announcements and advertisements, and the right to an effective remedy in the general employment regime [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2020
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
doaj   +1 more source

Effective Judicial Protection and Mutual Recognition in the European Administrative Space [PDF]

open access: yesGerman Law Journal, 2021
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 ...
openaire   +2 more sources

Judicial Reasoning as a Mechanism for the Legal Protection of Children Against Digital Sexual Abuse and Child Pornography

open access: yesJournal of Digital Technologies and Law
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
doaj   +1 more source

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