Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

Download or read book Prohibition of Abuse of Law written by and published by . This book was released on 2009 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book On Prohibition of Abuse of Law as a General Principle of EU Law written by R. de la Feria and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This editorial presents the case in favour of characterizing the principle of prohibition of abuse of law as a general principle of EU, arguing that not only does it display the key characteristics of such principles but that, following the most recent CJEU decisions, its characterization as such is now settled case law.

Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Hart Publishing. This book was released on 2016-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Rights and Wrongs Under the Echr written by Paulien De Morree and published by Intersentia. This book was released on 2016-10-21 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available in paperback! There exists a certain tension between human rights protection and the concept of abuse of rights. While human rights essentially aim to promote freedom by affirming the basic rights and freedoms citizens enjoy vis-a-vis state authorities, the abuse clause primarily aims to protect the democratic organization of the state against groups and individuals invoking these rights with the aim of undermining it. Furthermore, an analysis of the growing body of case law on this topic shows that the interpretation and application of Article 17 of the European Convention on Human Rights (ECHR) are far from unequivocal. While according to Article 17 ECHR anti-democratic activities may be excluded from the protection of the Convention, clear criteria for determining which activities fit this description are lacking. This has resulted in a rather obscure and inconsistent case-by-case approach. This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. It also analyzes the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future. (Series: School of Human Rights Research, Vol. 78) [Subject: Human Rights Law]

Download or read book Alcohol and Public Policy written by National Research Council and published by National Academies Press. This book was released on 1981-02-01 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Analysis of Marijuana Policy written by National Research Council (U.S.). Committee on Substance Abuse and Habitual Behavior and published by National Academies Press. This book was released on 1982-01-01 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defenders of marijuana use may seize on the ambiguity or absence of evidence for such damage and ignore any other effects on education or safety; those opposed to marijuana use may emphasize the possibility of chronic disease that is suggested by some laboratory findings and ignore the social, political, and economic costs of fighting a well-established custom. The Committee wishes to make clear what it regards as the limits of this report for the selection of policy alteratives. Scientific judgment can estimate the prevalence of different kinds of use, risks to health, economic costs, and the like under current policies and can try to project such estimates for new policies. It can come to some conclusions based on those estimates. But selection of an alternative is always a value-governed choice, which can ultimately be made only by the political process.

Download or read book Abusive Practices in Competition Law written by Fabiana Di Porto and published by Edward Elgar Publishing. This book was released on with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?

Download or read book Abuse of Dominant Position and Globalization Protection and Disclosure of Trade Secrets and Know How written by Pranvera Këllezi and published by Springer. This book was released on 2017-05-05 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.

Download or read book Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2014-10-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the value of human integrity within the laws of individual states and the documents of international human rights is being increasingly consolidated and will become, sooner or later, the primary concern of the law, severe breaches of this value are indeed still widespread. In particular the sexual exploitation of children constitutes one of the most serious questions of national, regional, transnational and international law. According to international records, every fifteen seconds a child is raped in Africa alone. Almost half of the cases heard by the ICTY concern the sexual exploitation of women and children during armed conflict. More or less similar conclusions may be reached regarding the ICTR or the SCSL. In Rwanda alone, 500,000 females were raped. Almost 200,000 females and children have been the victims of cruel forms of sexual violence during the conflicts in Congo. Sexual abuse of children by priests cannot any longer be concealed in Australia, Belgium, Canada, Germany, France, Ireland, Mexico, the United Kingdom, and the United States, although it is ignored in most Islamic countries. The sexual exploitation of children is also widely practised in many other countries. Regrettably, 79% of all world trafficking is for sexual exploitation. The principal subject matter of this book is the legal etymology of sexual exploitation governing minors. The aim is to identify and analyse jus cogens and obligation erga omnes in relation to the sexual exploitation of children and to evaluate the international responsibility of states in relation to the elimination or prevention of the crime, and the prosecution and punishment of offenders.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

Download or read book Incorporating Abuse of Economic Dependence Into Competition Law written by Sangyun Lee and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, competition law has viewed issues of abuse of economic dependency or relative power as peripheral, focusing primarily on abuses rooted in dominance or substantial market power. However, this perspective is now being increasingly challenged by enforcers and policymakers. They are calling for a more comprehensive and effective approach to addressing abusive practices by firms that, although not entrenched in dominance in the traditional sense, still exert consequential influence. Several jurisdictions, particularly in Europe and East Asia, are responding to this call by integrating the prohibition of abuse of economic dependence or superior bargaining position into their competition law frameworks and actively enforcing it. Despite these developments, however, the prohibition of abuse of economic dependence, especially in the absence of dominance, remains an under-researched area within mainstream competition law discussions.This research endeavors to fill this gap by examining the prohibition of abuse of economic dependence as a competition law tool. The goal of this study is to advocate for the integration of the prohibition of abuse of economic dependence as a complementary mechanism to the existing abuse of dominance framework in competition law.Specifically, this study adopts a combination of theoretical exploration and empirical research. Theoretical discussions critically scrutinize the traditional dominance-centered and exclusion-focused approach to abuse, highlighting its inherent conceptual limitations and proposing a re-conceptualization of power, abuse, and harm. On the empirical side, the research surveys the legislative landscape in major jurisdictions and provides a practical analysis of potential strategies for implementing the prohibition of abuse of economic dependence in competition law. This analysis is based on the author's preliminary research conducted across 34 jurisdictions in 2021.This study concludes by advocating for a more holistic and comprehensive understanding of market power and abuse, and for a more active role of competition law in cases of power asymmetry. Ultimately, this study posits that the inclusion of a separate provision prohibiting the abuse of economic dependence within competition law, as seen in France and Germany, is the most desirable approach. In instances where the prohibition of abuse of dependency is enforced outside but through the competition law framework, as in the cases of Japan or Korea, this study argues that certain limiting principles, such as relevance to competition or public interests, must be implemented to ensure harmony with other competition law tools.

Download or read book The Politics of Moral Behavior written by Kathel Austin Kerr and published by . This book was released on 1973 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five science experiments accompanied by questions which suggest ideas for more extensive science projects.

Download or read book Corporal Punishment of Children written by Bernadette Saunders and published by BRILL. This book was released on 2018-11-26 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children’s ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children’s human rights to dignity and optimal development are more fully recognised.

Download or read book Property and Practical Reason written by Adam J. MacLeod and published by Cambridge University Press. This book was released on 2015-04-30 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a moral argument, grounded in natural law, for private property and the limits of rights.