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General Principle Of European Union Law
The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results. The general principles of European Union law are rules of law which a European Union judge, sitting for example in the European Court of Justice, has to find and apply but not create. Particularly for fundamental rights, Article 6(3) of the Treaty on European Union provided: : Fundamental rights, as guaranteed by the Euro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of Law
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precautionary Principle
The precautionary principle (or precautionary approach) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress. In an engineering context, the precautionary principle manifests itself as the factor of safety, discussed in detail in the monograph of Elishakoff. It was apparently suggested, in civil engineering, by Belindorde Bélidor, Bernard Forest, La science des ingénieurs, dans la conduite des travaux de fortification et d'architecture civile, Paris: Chez Claude Jombert 1729 in 1729. Interrelation between safety factor and reliability is extensively studied by engineers and philosophers. The principle is often used by policy makers in situations where there is the possi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kadi I
''Kadi and Al Barakaat International Foundation v Council and Commission'' (2008) C-402/05 is a case concerning the hierarchy between international law and the general principles of EU law. It is also known as ''Kadi I'' to distinguish from a later related case, ''Kadi II'' (2013). Facts Mr Kadi, a Saudi resident with assets in Sweden, and Al Barakaat, a charity for Somali refugees, claimed that the freezing of their assets was unlawful. The seizures occurred without any court hearing, right of redress or allegation of wrongdoing. The UN Security Council had adopted resolutions under Chapter VII to freeze assets of people and groups associated with the Taliban and Osama bin Laden. The EU adopted regulations to give effect to which Sweden gave effect. The claimants were named in the resolution and the regulation. They claimed that the regulation should be annulled under TFEU Article 263 and was a breach of human rights. Judgment Advocate General Opinion In the Opinion of A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lisbon Treaty
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member states on 13 December 2007, entered into force on 1 December 2009.eur-lex.europa.eu: " Official Journal of the European Union C 115 Volume 51, 9 May 2008, retrieved 1 June 2014 It amends the (1992), known in updated form as the Treaty on European Union ...
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European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal by the European Commission. The Parliament is composed of 705 members (MEPs). It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of 375 million eligible voters in 2009. Since 1979, the Parliament has been directly elected every five years by the citizens of the European Union through universal suffrage. Voter turnout in parliamentary elections decreased each time after 1979 until 2019, when voter turnout increased by eight percentage points, and rose above 50% for the first time since 1994. The voting age is 18 in all EU member states except for Malta and Austria, where it is 16, and Greece, where it is 17. Although the E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration On Fundamental Rights
Declaration may refer to: Arts, entertainment, and media Literature * ''Declaration'' (book), a self-published electronic pamphlet by Michael Hardt and Antonio Negri * ''The Declaration'' (novel), a 2008 children's novel by Gemma Malley Music * ''Declaration'' (The Alarm album) (1984) * ''Declaration'' (Bleeding Through album) (2008) * ''Declaration'' (Steven Curtis Chapman album) (2001) *''Déclaration'', a 1973 album by Georges Moustaki * ''The Declaration'', a 2008 album by Ashanti *''Declaration'', a 2020 album by Red Songs *" Declaration (This Is It)", a 2012 gospel song by Kirk Franklin *"Declaration", a song by Killswitch Engage from the album ''The End of Heartache'', 2004 *"Declaration", a song by Trivium from the album '' Ascendancy'', 2005 *"Déclaration", a classical song by Leoncavallo *"The Declaration", a 1970 song by The 5th Dimension Other arts, entertainment, and media * Declaration (poker), a formal expression of intent to take some action in the card ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of Fundamental Rights Of The European Union
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a partia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Council
The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the European Council, and the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its meetings. Established as an informal summit in 1975, the European Council was formalised as an institution in 2009 upon the commencement of the Treaty of Lisbon. Its current president is Charles Michel, former Prime Minister of Belgium. Scope While the European Council has no legislative power, it is a strategic (and crisis-solving) body that provides the union with general political directions and priorities, and acts as a collective presidency. The European Commission remains the sole initiator of legislation, but the European Council is able to provide an impetus to guid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
J Nold V Commission
J, or j, is the tenth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its usual name in English is ''jay'' (pronounced ), with a now-uncommon variant ''jy'' ."J", ''Oxford English Dictionary,'' 2nd edition (1989) When used in the International Phonetic Alphabet for the ''y'' sound, it may be called ''yod'' or ''jod'' (pronounced or ). History The letter ''J'' used to be used as the swash letter ''I'', used for the letter I at the end of Roman numerals when following another I, as in XXIIJ or xxiij instead of XXIII or xxiii for the Roman numeral twenty-three. A distinctive usage emerged in Middle High German. Gian Giorgio Trissino (1478–1550) was the first to explicitly distinguish I and J as representing separate sounds, in his ''Ɛpistola del Trissino de le lettere nuωvamente aggiunte ne la lingua italiana'' ("Trissino's epistle about the letters recently added in the It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internationale Handelsgesellschaft MbH V Einfuhr- Und Vorratsstelle Für Getreide Und Futtermittel
''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel'' (1970) Case 11/70 is an EU law case and German constitutional law case concerning the conflict of law between a national legal system and the laws of the European Union. Facts The Common Agricultural Policy permitted exports only by exporters who obtained an export licence, on a deposit of money, that could be forfeited if they failed to make the export during the licence’s validity period. The Internationale Handelsgesellschaft mbH claimed that the licensing system was a disproportionate violation of their right to conduct a business under the German constitution (''Grundgesetz''), because it did more than was necessary to achieve the public objective at hand. The German Administrative Court (''Verwaltungsgericht'') made a reference to the ECJ. Judgment European Court of Justice The ECJ held that the validity of EU measures cannot be challenged on grounds of national law rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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