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substantive
UK
/ˈsʌb.stən.tɪv/
US
/ˈsʌb.stən.tɪv/
Library
special procedural and/or substantive conditions +120
law
de fond
substantiel
Cela s’oppose aux conditions procédurales et concerne le fond des exigences.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
A number of explanations were suggested as to why the decisions of competition authorities, in regard to the utilisation of economic evidence, may diverge from the social welfare-maximising decisions, stressing the role of the substantive (or liability) standards adopted. +15
law
de fond
substantiel
Les normes de fond déterminent le fondement juridique de la responsabilité, par opposition aux règles de procédure.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
retroactive amendment of substantive criminal law +6
law
droit pénal matériel
L’ensemble des règles de droit pénal qui définissent les infractions et les peines, par opposition aux procédures applicables au traitement des affaires pénales.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
She has propounded the concept of ‘substantive co-operative constitutionalism’, in which the aim would be to uphold the established standard of protection of fundamental rights, the rule of law and other constitutional values, and also to retain the diversity of national constitutional orders. +6
law
constitutionnalisme coopératif substantiel
Un modèle de constitutionnalisme axé sur la coopération et sur la protection de principes constitutionnels communs, tout en préservant la diversité nationale.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The substantive standard adopted by a CA (or Court) will also have a significant influence on the extent to which economic analysis and evidence is relied upon by CAs in assessing whether there is liability when an effects-based legal standard is adopted. +3
law
critère de fond
Le test ou critère juridique utilisé pour évaluer si un comportement engage la responsabilité.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
Differences in substantive standards may be used to explain the significant divergence in the type of legal standards adopted in the EU and the USA. +3
law
normes de fond
Critères juridiques qui déterminent le fond de ce qui constitue une violation ou engage la responsabilité.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
Hence, this clause merely sets the procedure in order to authorise the transfer of sovereign powers, but it does not include any substantive limits or requirements regarding the values, principles or objectives that should be respected by international organisations of which Spain is a member. +2
law
limites de fond
Restrictions qui limitent le contenu même ou la portée d’un transfert, et non pas seulement sa procédure.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The second objective is to explore the role of constitutions externally, in particular as regards upholding constitutional rights and substantive constitutional values. +2
law
valeurs constitutionnelles substantielles
Les valeurs sous-jacentes exprimées dans une constitution, plutôt que ses seules structures ou procédures formelles.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
Interpretation of the Substantive Rules +2
law
interprétation des règles de fond
Le processus consistant à déterminer le sens et la portée des règles régissant les questions de fond.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
These regimes vary along various dimensions concerning the substantive rules, the institutions entrusted with their enforcement, and the way this enforcement is conducted. +2
law
règles de fond
règles substantielles
Les règles de fond qui régissent la matière, par opposition aux institutions ou aux procédures utilisées pour les faire respecter.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
[t]he Constitution of Cyprus is … weighted down by checks and balances, procedural and substantive safeguards, guarantees and prohibitions. +1
law
garanties procédurales et substantielles
Protections couvrant à la fois les procédures à suivre et le fond des droits ou des règles.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The adjudication of legislation on substantive grounds has been stringent. +1
law
sur le fond
Sur la base du contenu ou du bien-fondé d’une affaire, plutôt que de questions procédurales.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.