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The Compatibility of Investment Arbitration in eu Trade Agreements with the eu Judicial System

Journal for European Environmental & Planning Law, 2016
This article explores the legality of investment arbitration in eu trade agreements under eu law. Investor-state dispute settlement (isds), including the Investment Court System, allows foreign investors to challenge eu acts and decisions before investment tribunals and these tribunals may be faced with questions of eu law. Since this system of dispute
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EU and Global Judicial Systems

2011
This chapter aims to analyze and compare the EU judicial System with the judicial mechanisms of four global regimes: the World Trade Organization, the UN Convention on the Law of the Sea, the Mercosur and the World Bank. It opens with a discussion of the multiple jurisdictions – international, constitutional and administrative – of EU courts. Then, the
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System of Human Rights Protection and Judicial Protection in Ukraine during the War and Its Compatibility Problems in the Context of EU Integration

2023
In order to ensure the smooth and efficient operation of the judicial system and non-ju-dicial institutions that protect human rights, especially during the period of martial law in Ukraine, the existing legal framework that regulates the activities of the Constitutional Court and the Commissioner for Human Rights in ...
Oksana Shcherbanyuk   +1 more
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A (more) complete system of remedies: Effective judicial protection of EU Member States in Czech Republic v. Commission

Common Market Law Review, 2022
The article analyses the judgment of the Court of Justice of the EU in Case C-575/18 P, Czech Republic v. European Commission, and the judgment's upgrade to the system of judicial remedies for challenging EU law otherwise provided for in the EU Treaties.
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New developments in the EU system of judicial protection: the creation of the Unified Patent Court and its future relations with the CJEU

Maastricht Journal of European and Comparative Law, 2017
Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a ‘Common Court’ of 25 EU Member States that will adjudicate on ‘classical’ European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very ...
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Law Shopping in Relation to Data Processing in the Context of Employment: The Dark Side of the EU System for Criminal Judicial Cooperation?

SSRN Electronic Journal, 2019
The paper addresses some concerns recently raised within the EU Parliament, regarding an alleged commercial use of the European Criminal Register Information System (ECRIS) by a company providing employers with speedy and efficient access to employees' criminal records.
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The Implementation of UN Security Council Resolutions Imposing Economic Sanctions in the EU/EC Legal System: Interpillar Issues and Judicial Review

SSRN Electronic Journal, 2009
The main purpose of the United Nations is to maintain International peace and security. Under Chapter VII of the UN Charter, the Security Council can adopt mandatory measures to maintain or restore international peace and security. Article 41 of the UN Charter gives the power to the Security Council to impose economic sanctions against a State.
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Accession to the European Convention on Human Rights: EU Integration into a Legal and Judicial System Reserved to States

2016
Initially, the principle of human rights protection was not stipulated by the Treaties, but the constant increase of the human rights’ importance at European level determined the adoption of various documents in the field. The present chapter analyzes the evolution of regulating the human rights in the primary and secondary European legislation ...
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Identity conflicts in multilevel regulatory systems and the remedy of loyalty: Sketching a Model of Legal Coexistence from the Judicial Experience of the EU

2022
Focused on the most radical form of enforcement challenges – identity conflicts – the chapter forms an experience of thought or a normative claim aiming to anticipating them. Such conflicts are understood as covering all claims relating to fundamental components of the legal orders involved in multi-level systems or of the identity of these very ...
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Artificial Intelligence Systems Processing Judicial Decisions and Legal Data Under the EU Legal Framework

Abstract This chapter examines the use of AI systems for the processing of judicial decisions and legal data from the perspective of the EU legal framework. Consideration is also given to ‘large language models’ (LLMs) potential and limitations when they are deployed in the legal field.
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