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This thesis will clarify the notion of individual concern and its use by the ECJ, through an analysis of case law and a Lockean analysis of the EU. The thesis takes it outset in the case law of the ECJ and will show, through a thorough analysis of a selected part of the case law, that this is inconsistent and unstable, leaving individuals with legal uncertainty and little hope of accessing the CFI
The society of today is undergoing two different trends in government and governance. The first reflects the internationalization and globalization towards a multicultural society where an increasing numbers of measures are being assigned to international and supranational levels. The second tendency is decentralization and an emergence of strong local and regional politics. This is although not s
Free movement of goods is regulated by Article 28 of The EC Treaty. The most important judgments of European Court of Justice (ECJ) in this field are Dassonville, Cassis de Dijon and Keck. The interpretation of Article 28 was very broad in Dassonville and Cassis cases therefore the national rules which were designed for social policy reasons, but not for controlling the trade between Member States
The importance of access to the ECJ, as the common judge of Europe, is of major importance for individuals as a way to ensure effective protection of those rights, which they derive from Community law. Due to the problems facing individuals as regards direct access, because of the requirement of them having to show direct and individual concern, the indirect way of access, by way of the national c
Intellectual property rights have become an extremely important asset in the contemporary world. In the same time European Competition authorities have proved that they are willing to intervene with the exercise of those rights by, amongst other things, requiring mandatory licence. The aim of this paper is to find an answer to the question under what circumstances does the refusal to grant a licen
As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many co
Judicial review, power exerted by supreme judicial bodies to examine constitutionality of the actions of the legislator and the executive and declare them void if they violate the constitution, is a powerful instrument in hands of judiciary. First introduced in the United States by the Supreme Court as a constitutional principle it has spread all over the world and has been widely exercised by suc
Artificial insemination using the husband's sperm (AIH) and artificial insemination using sperm from a donor (AID) are artificial techniques which have been used for a long time, however, other forms of artificial procreation such as, in vitro fertilization (IVF), egg donation, embryo donation, and surrogacy are seen as truly modern reproductive techniques and did not come into use until the m
The question addressed by this thesis is to what extent celebrities enjoy the right to privacy when the media prints photographs of them or private information about them. In order to answer this question, the strength of freedom of the press and freedom of expression is examined, since determining the right to privacy in relation to media intrusion involves balancing the right to privacy with fre
The Nisga'a Final Agreement (NFA) is a legal agreement between the Nisga'a Nation of the Nass Valley, the government of British Columbia and the Canadian government. For the Nisga'a it is the culmination of over a 100 years of efforts to arrive at a mutually agreeable legal framework of land ownership, resource management and self-government. This paper evaluates the Nisga'a Final
Software and eCommerce are inseparable part of each other. The main thrust of the thesis is to discover a suitable legal and technological measures for curbing software in eCommerce and find out compatibility of the existing curbing measures with human rights. The WIPO Copyright treaty, the Berne Convention, the TRIPS Agreement and other international laws on copyright, patent and software have be
This thesis studies the very cornerstone of the international refugee law-the principle of non-refoulement. Since its introduction in the 1951 Convention, this principle has played a key role in the protection of refugees. Last 50 years have generated many questions and various interpretations of the scope of the Article 33 of the 1951 Convention on the Status of Refugees. States have tried to get
