Search results for "Court of Justice"
showing 10 items of 35 documents
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
Failure to make a reference for a preliminary ruling to the Court of Justice of the European Union as a violation of Article 6 of the European Conven…
2019
This thesis examines the situation when a national court adjudicating in the last instance refuses to make a reference for a preliminary ruling to the Court of Justice of the European Union from the perspectives of European Union law, the European Convention on Human Rights. This situation is analysed in the broader context of the relationship between the Court of Justice of the European Union and the European Court of Human Rights.
Separate and dissenting opinions: their role in the practice of the ICJ
2019
The purpose of the thesis is to draw attention to the significance of the individual opinions in the practice of the International Court of Justice. The author aims to define the actual role of individual opinions in the system of work of the International Court of Justice by means of analyses of individual opinions appended to the Court’s judgements, rendered under contentious and advisory jurisdiction of the Court. In this thesis possible solutions proposed of how the existence of individual opinions should be regulated in the basic documents of the International Court of Justice.
El nuevo escenario del orden público en el arbitraje : comentario a la STC de España, Sala Primera, núm. 17/2021, de 15 de febrero.
2021
The Constitutional Court delimits the concept and scope of public order, the requirement to state the grounds and the judicial review within the framework of the action for annulment of arbitral awards. The Constitutional Court rejects the jurisprudential line of the High Court of Justice of Madrid regarding the broadening of the concept of public policy and prevents the review of the merits of the case through the action for annulment.
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
2009
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…
Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo
2021
The Sentence of the Court of Justice of the European Union of July 9, 2020 comes to answer the five questions that, in its preliminary question, the Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clauses, establishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16, 2017, in the sense of considering the agreed floor clause null as a consequence of the novation agreement and, subsequently, those of April 11, 2018 and September 13, 2018 in the opposite direction, declaring that the novation agreement was valid. It is a long-awaited and in…
Le Sezioni Unite della Cassazione garanti del diritto UE?
2020
The paper focused on conflicts between Cassazione and Consilgo di Stato in order to the application of UE Law
Of Direct Effect, Primacy and Constitutional Identities. Rome and Luxembourg enmeshed in the Taricco Case
2017
International audience
Le rôle de la pratique ultérieure des parties dans l'interprétation des arrêts de la Cour internationale de justice à la lumière de l'arrêt de la Cou…
2014
The paper analyses the judgment of the International Court of Justice of November 11, 2013, in which the Court establishes several factors relevant for the interpretation of its judgments. After illustrating the importance of this judgement, the paper criticizes the Court's refrain from any examination of subsequent practice of the Parties in the application of its judgments, as a means of interpretation. Cette contribution analyse l'arrêt de la Cour internationale de justice du 11 novembre 2013, dans lequel la Cour énonce plusieurs éléments pertinents aux fins de l'interprétation de ses sentences. Après avoir mis en lumière l'importance de cet arrêt, une critique est adressée à l'approche …
Protection of Personal Data and Human Rights between the ECHR and the EU Legal Order
2020
The present paper deals with the relationship between privacy and data protection, having regard to the European Union and the European Convention of Human Rights. Such an analysis moves from the normative context (art. 8 ECHR and art. 7 and 8 of the Charter of Fundamental Rights of the European Union). Moreover, the case law of the Court of Justice of the European Union and of the European Court of Human RIghts is taken into account, in order to enlighten the dfferent scopes of privacy and data protection.