Search results for "Municipal law"

Liberalización de los servicios transfronterizos en el Derecho de la Unión Europea

2020

SummaryI. Liberalization of services. II. Case of Matteo Peralta 1. Applicable Legislation 2. Situation of domestic law 3. Freedom of services 4. Flag discrimination.  5. Restrictions on services 6. Freedom of establishment. 7. Measures of equivalent effect 8. Free competition.  III. Case of Alpine Investments.  1. Scope of services. 2. Restriction of origin 3. Jurisprudence Keck and Mithouard 4. Justification of the restriction 5. Need for the measure IV. Conclusions. Bibliography.AbstractThe study addresses the methodology conceptual system and argumentative structure used by the European Union Court in the analysis of the liberalization or free provision of cross-border services between …

Human Rights in Romanian Courts: A European Perspective?

2016

The perception and application of the European Convention on Human Rights by various national jurisdictions depends fundamentally on the way in which the Convention has been introduced into national law, as well as, in some countries, by how constitutional jurisdictions shaped this relationship. The article examines the reception of the Convention by a few European states, with a special regard on the case of Romania. Romanian courts, including the Constitutional Court and the supreme court, had a hesitant approach of the principle established by 1991 Constitution of the priority of international law of human rights over domestic law. In the context of the diversity of sources of the Europe…

Norms matter! The role of international norms in EU policies on asylum and immigration

2014

Abstract This Article investigates how international norms impact on eu asylum and immigration policy. To this end we scrutinize the assumption that the robustness of international norms indicates the quality of eu integration. Drawing on international norms literature we argue that four characters define an international norms’ robustness: specificity in definition, binding force, coherence with domestic law and international law, and concordant understanding among actors. Our analysis covers three eu policy areas, asylum policy, family reunification policy, and labour migration policy. Across the three areas international norms had varying degrees of robustness at the time of eu negotiat…

African Law in Action

2014

AbstractThis article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This…

La interpretación judicial en España en un momento de cambio.

2015

The publication in the European Union of Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings has been a turning point in a great number of aspects related to court and police interpretation. The main objective of the Directive is to ensure quality legal interpretation throughout the process, as part of the right to defense and to a fair trial. Spain, as a Member State of the EU, has the obligation to transpose this European Directive into its domestic law. Therefore, this is a historic moment in which two main factors converge: the need to change the legislation to bring it in line with …

Spanish Judicial Decisions of Private International Law, 2009

2009

Spanish Judicial Decisions in Private International Law, 2007

2007

EDWARDA MUSZALSKIEGO KONCEPCJA NARODOWEGO PRAWA CYWILNEGO

2016

Edward Muszalski’s Idea of National Private LawSummary The paper presents the views of Polish lawyer Edward Muszalski on the state of private law in Europe and Poland of the interwar period and his proposals for changes. Muszalski assumed that the law was shaped by two schools of thought : liberal and socialist. In the 18th and 19th century the liberal school dominated, the result of which was the creation of the Napoleonic Code and the BGB. In the 19th century, socialism also influenced the law, which resulted in the creation of labor legislation and trade unions. In the 20th century, the bad qualities of both schools came together in the law of the Soviet Union. However it was possible to…

Hart’s blind spot. The missing piece in The Concept of Law

2014

Al inicio de El Concepto de Derecho, Hart sugiere una asimilación errónea entre conducta que es «no opcional» y conducta que es «obligatoria» (i. e. conducta que o es forzada o sometida a una obligación). Esta asimilación vicia el argumento del libro en su conjunto, llevándole a Hart a descuidar las diferentes vías en las que el derecho monitorea, corrobora o constituye relaciones de poder. Es cierto y evidente que en The Concept of Law la atención se dedica a los poderes normativos, legales. Sin embargo, el poder social bruto, y las relaciones del derecho con él —el papel del derecho como una pieza en la maquinaria de los poderes sociales— están ampliamente ignorados. Éste es, de alguna ma…