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Proportionality principle in the eu intellectual property law

Наукові записки НаУКМА: Юридичні науки, 2018
As a result of a country’s accession to the EU, primary and secondary EU law becomes a part of the national law, which still maintains a certain autonomy.
Galyna Mykhailiuk
doaj   +1 more source

Alexy and the “German” Model of Proportionality: Why the Theory of Constitutional Rights Does Not Provide a Representative Reconstruction of the Proportionality Test

German Law Journal, 2020
Robert Alexy is one of the most prominent proponents of proportionality in international legal scholarship. His theory has two dimensions. On the one hand, it is a normative defense of balancing. On the other hand, it seeks to provide a reconstruction of
Niels Petersen
doaj   +1 more source

Efficiencies under the Digital Markets Act – Is There Space for the Rule of Reason?

Acta Universitatis Carolinae. Iuridica, 2023
The aim of this paper is to evaluate, if competition-like efficiencies of European-style rule of reason shall apply also in the context of the ex-ante regulation by the DMA.
Ondrej Blažo
doaj   +1 more source

The politics of prisoner legal rights [PDF]

, 2013
The article begins by locating human rights law within the current political context before moving on to critically review judicial reasoning on prisoner legal rights since the introduction of the Human Rights Act 1998.
Creighton, Department for Constitutional Affairs, Easton, Fordham, Fowles, Griffiths, Independent Monitoring Board, Keith Report, Livingstone, Livingstone, Ministry of Justice, Norrie, Richardson, Richardson, Savellos, Scott, Valier   +16 more
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Exploring Punitiveness, Exploiting Proportionality: Discursively Reverse-Engineering Punitive Proportionality as an Approach Towards Contemporary Criminal Law and Criminal Justice Policy

German Law Journal
The proportionality between crime and punishment is made, and the way it is made makes for a certain kind of criminal law. By analyzing how punitive measures are justified in Swedish criminal law and crime policy through appeals to proportionality, the ...
Sigrid Nikka
doaj   +1 more source

Equity and the use of shared water resources [PDF]

Zbornik Radova Pravnog Fakulteta u Nišu, 2017
In this article, the author analyses the contents of the notion of equity in international law on shared water resources. It is stated that the content of equity in international law is not fully ascertained.
Vučić Mihajlo
doaj   +1 more source

Punishment as an Inclusionary Practice: Sentencing in a Liberal Constitutional State [PDF]

, 2017
This chapter puts forward a conceptualisation of the sentencing judgment as setting the terms of future relationship with an offender. By drawing on the writings of Johann Gottlieb Fichte, the author develops a reintegrative conception of state ...

core   +2 more sources

Pressure of Membrane between Walls

, 1999
For a single membrane of stiffness kappa fluctuating between two planar walls of distance d, we calculate analytically the proportionality constant in the pressure law p proportional to T^2/kappa^2 d^3, in very good agreement with results from Monte ...
H. Kleinert, Janke, Janke
core   +2 more sources

The Dialogue Between Public Law and Private Law in Vietnam Under the Migration of the Proportionality Doctrine to Asia

German Law Journal
Under the migration of the proportionality doctrine to Asia, the dialogue and interaction between public law and private law have deepened and become more fruitful.
Nam Giang Do, Dat T. Bui
doaj   +1 more source

Activating Ultra Vires Review: The German Federal Constitutional Court Decides Weiss

European Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 801-829 | Article | (Table of Contents) I. Introduction. - II. The preliminary reference of the German Constitutional Court and the preliminary ruling of the Court of ...
Georgios Anagnostaras
doaj   +1 more source