In Ireland, the automaticity involved in giving effect to foreign prosecutorial and judicial decisions has been a constant source of concern for the Irish courts, which the Irish report extensively documents with examples from case law.+249
legal
судебная практика
прецедентное право
Совокупность судебных решений, используемая как источник права или юридических примеров.
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.
Instead, the book explores the deeper comparative European constitutional culture and understanding of the rule of law, the common and diverse elements in the comparative European constitutional landscape, and how these have been affected or changed by EU and global governance.+246
law
верховенство права
верховенство закона
принцип верховенства права
Принцип, согласно которому все, включая государство, подчиняются закону.
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.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law+208
law
верховенство права
принцип верховенства права
Принцип, согласно которому все, включая государство, подчиняются закону.
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 new challenges posed to constitutional law+115
law
конституционное право
конституционный закон
Отрасль права, связанная с толкованием и применением конституции.
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 critical and interdisciplinary research environment also opened up broader, structural questions about the epistemology of research in EU and international law (with special thanks to current and former colleagues Harm Schepel, Simone Glanert, Bernard Ryan, Geoffrey Samuel and Wade Mansell).+111
law
международное право
Совокупность правовых норм и принципов, регулирующих отношения между государствами и другими участниками международных отношений.
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.
In general terms – with of course exceptions – a pattern can be discerned whereby EU law has strengthened the protection of fundamental rights and the general principles of law and has expanded judicial review in countries with a political or historical constitutional system.+66
law
общие принципы права
Основополагающие правовые принципы, направляющие толкование и применение закона.
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.
European Criminal Law Review+66
law
уголовное право
Отрасль права, регулирующая преступления и наказания за них.
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.
Western Balkans and the Design of Effective Competition Law: The Role of Economic, Institutional and Cultural Characteristics+50
law
конкурентное право
законодательство о конкуренции
антимонопольное право
антимонопольное законодательство
конкурентное законодательство
Область права, регулирующая поддержание добросовестной конкуренции на рынках.
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
As any revision of the Constitution takes the form of a law, the bills and proposals for constitutional reform follow the normal legislative procedure, unless otherwise specified.+48
law
закон
законы
основной закон
Здесь выражение «Fundamental Law» обозначает основной конституционный закон Венгрии.
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.
Western Balkans and the Design of Effective Competition Law:+34
law
право
законодательство
законы
закон
Относится к совокупности правовых норм, регулирующих рыночную конкуренцию.
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
In the Advocaten voor de Wereld case, the question of equal treatment of citizens falling under the scope of EU law and falling under the scope of domestic law as regards the interpretation of nulla poena sine lege was raised.+33
law
национальное право
внутреннее право
внутреннее законодательство
внутригосударственное право
Право, действующее в конкретной стране, в отличие от права ЕС.
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.