The Legal System of Nagorno-Karabakh and its Status under International and European Law

2020 ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
Legal System ◽  
European Law

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

scholarly journals THE ISSUE OF THE ULTRA VIRES PRINCIPLE IN TURKISH COMPANY LAW: HAS IT BEEN ABOLISHED OR JUST HIDDEN?

2020 ◽  
pp. 359-375
Author(s):  
Mustafa Yasan
Keyword(s):  
Legal System ◽  
Company Law ◽  
European Law ◽  
Law System ◽  
Eu Directives ◽  
The Uk ◽  
Human Specific ◽  
The Eu

The Turkish Code of Commerce (TCC) numbered 6102 contains numerous radical regulations as reforms in the Turkish company law. One of these provi­sions is the TCC A.125 which regulates the capacity of commercial companies to have rights and obligations. This article deals with the ultra vires principle which was transferred to the Continental European law system, including the Turkish legislation from the UK law system. The ultra vires principle had previously ex­pired in the continental European legal system (in particular the Swiss Code of Obligations) which has inspired the TCC as a referring codification. As a result of these developments by the TCC A.125, in contrast to the ultra vires principle, commercial companies are allowed to be entitled and liable for all kinds of mat­ters, except those which are human-specific. For this reason, companies’ legal per­sonalities may have the capacity to have rights and obligations in matters other than their fields of operation. In other words, thanks to the TCC A.135, the ultra vires principle has been abandoned. It can be assumed that harmonization be­tween the TCC and the EU directives has been achieved in the sense of abolishing the ultra vires principle. However, when several provisions randomly scattered in the TCC are taken into consideration, it is obviously seen that the legislator still accepts the field of operation issue as a criterion in about 20 articles. This leads to a question about the actual abolishment of the ultra vires principle. To put it brief­ly, the legislator’s choice in the new company law regime shows that the TCC has not abandoned the ultra vires principle completely, but it still retains its validity in a hidden way by only changing its form and scope.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 73-87
Author(s):  
Melani Diah Sekar Puri ◽  
Ridwan Arifin
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Family Law ◽  
Customary Law ◽  
European Law ◽  
Unitary State ◽  
National Legal System ◽  
Customary Laws

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

scholarly journals The Impact of European Law on the Development of Legal System of Russia

2017 ◽  
Vol XX (Issue 1) ◽  
pp. 77-86
Author(s):  
I.G. Napalkova ◽  
N.E. Orlova ◽  
P.S. Samygin ◽  
G.B. Vlasova
Keyword(s):  
Legal System ◽  
European Law ◽  
The Impact

ELI – Unidroit Model European Rules of Civil Procedure

2021 ◽  
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
International Institute ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Common Thread ◽  
Cooperative Project

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February of 2014 and ended in February of 2020, concluding in an ELI-UNIDROIT Instrument. The volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It explores the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

Ochrona praworządności w Unii Europejskiej – węzłowe problemy

2018 ◽  
Vol 1 (1) ◽  
pp. 183-193
Author(s):  
Iga Małobęcka ◽  
Magdalena Porzeżyńska
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal System ◽  
Judicial System ◽  
European Law ◽  
Max Planck ◽  
Protection Mechanism ◽  
The Rule Of Law ◽  
National Courts ◽  
Law Faculty

Reforms of the judicial system implemented in Poland in recent years and the rule of law proceedings initiated in their aftermath by the European Commission in January 2016 have contributed to the discussion within the framework of the international scholarly conference “Protecting European Union Values: Breaches of Article 2 TEU and its Consequences” organised by the Chair of European Law, Faculty of Law and Administration, in cooperation with the Max Planck Institute in Heidelberg. Basing on the speeches presented during the conference, in this article authors define the concept of the rule of law as one of the fundamental EU values, as well as analyse the existing violations of the rule of law in other Member States. An attempt was also made to assess the mechanisms protecting the rule of law, which result from the treaties (including Article 7 TEU and Article 258 TFEU), and propose supplementing them with a decentralised rule of law protection mechanism. Such mechanism should engage the whole EU legal system, including national courts, in protecting EU values, as assumed by the concept of “Rule of Law Argument” and the horizontal Solange test.

Harmonization, Regulation and Legislative Competition in European Corporate Law

2002 ◽  
Vol 3 (12) ◽  
Author(s):  
Sebastian Mock
Keyword(s):  
European Community ◽  
Legal System ◽  
Corporate Law ◽  
Common Market ◽  
European Law ◽  
Member States ◽  
National Legal System ◽  
Key Factor ◽  
The Common ◽  
The Creation

The European Community is also a community of Law. Nevertheless the European Community is not focused on the creation of one European Law in contrast to the Laws of its Member States. Instead the European Community focuses on the harmonization of the national legal system only to the extent that is required for the functioning of the common market (art. 3 I h EC). The harmonization of Corporate Law (art. 44 EC) was regarded as a key factor of this process. As a consequence Corporate Law is one of the most harmonized legal fields in the European Community.

Introduction to the legal system

2021 ◽  
pp. 67-74
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Primary Sources ◽  
European Law ◽  
General Introduction ◽  
System P ◽  
The Status ◽  
The Difference

This chapter provides a general introduction to the legal system. It explains the court structure in England. It sets out the primary sources of law: statute and common law. It also explores the difference between civil law and criminal law, and how different kinds of cases can be brought arising from the same set of facts. It also considers the status of European Law following Brexit.

The English Legal System and European law

2019 ◽  
pp. 27-48
Author(s):  
Tom Frost ◽  
Rebecca Huxley-Binns ◽  
Jacqueline Martin
Keyword(s):  
Legal System ◽  
European Law

scholarly journals Privacy Challenges in the Quantified Self Movement – An EU Perspective

2016 ◽  
Vol 2016 (4) ◽  
pp. 315-334 ◽  
Author(s):  
Dominik Leibenger ◽  
Frederik Möllers ◽  
Anna Petrlic ◽  
Ronald Petrlic ◽  
Christoph Sorge
Keyword(s):  
Food Consumption ◽  
Legal System ◽  
Service Providers ◽  
Breathing Rate ◽  
Quantified Self ◽  
European Law ◽  
Running Speed ◽  
Technical Community ◽  
Legal Situation ◽  
Privacy Enhancing Technologies

Abstract The gathering of data about oneself (such as running speed, pulse, breathing rate, food consumption, etc.) is rapidly becoming more popular, and has lead to the catch phrase “Quantified Self” (QS). While this trend creates opportunities both for individuals and for society, it also creates risks, due to the data’s personal and often sensitive nature. Countering these risks, while keeping the benefits of QS services, is a task both for the legal system and for the technical community. However, it should also take users’ expectations into account. We therefore analyze the legal situation of QS services based on European law and the privacy policies of some major service providers to clarify the practical consequences for users. We present the result of a study concerning the users’ views on privacy, revealing a conflict between the user’s expectations and the providers’ practices. To help resolve the conflict, we discuss how existing and future privacy-enhancing technologies can avoid the risks associated with QS services.

Sign in / Sign up

Export Citation Format

Share Document