Filtyp
The principle of legality is a fundamental principle of criminal law. It grants the defendant in a criminal trial protection from the arbitrary use of state power by binding the state to certain rules and guarantees. The exercise of state power in criminal prosecutions is bound by the separation of powers, the rule of law and the idea that criminal law should provide fair warning to the individual
Volatile conflicts, poverty and suppression of basic human rights stemming from one's political or religious affiliations, gender and race, are some of the various reasons why thousands flee home in the hopes of finding some kind of security. As the world observes the appalling deterioration of conflicts in Western Sudan, Iraq and Haiti, we simultaneously observe neighbouring or developed coun
When the United Nations was created in 1945, states were the only significant decision-makers. Even with the construction of the human rights regime in the aftermath of the Second World War, states were designated as the only duty-bearers who could violate international human rights law. States alone were held responsible for implementing human rights principles by enforcing treaty-based obligatio
Will developing countries benefit economically from strengthening their protection of intellectual property? They have been repeatedly urged to do so by developed nations. But so far there is little empirical experience of either quite successful or failed examples. What we could hear from the media seems that the international protection of IPRs is getting stricter and more codified, while the si
In June 2005 the Commission imposed a &euro&semic60 million fine on AstraZeneca for abusing its dominant position. This was followed in December 2005 by the Discussion Paper on the application of Article 82 EC, issued by the Directorate-General for Competition of the European Commission. This thesis discusses the interpretation of Article 82 EC and does this from the perspective of pharmac
This thesis provides a critical overview of the development of corporate governance practices in the EC. It seeks to determine if the Community should follow the US response to corporate governance fallouts or instead promote its own practices, taking into consideration the legal and economic backgrounds of the Member States. The analysis is supported with economic data, practical and doctrinal vi
The 2004 Merger Regulation introduced a change to the substantive test for the Commission's intervention in mergers. The Commission is now able to block mergers which significantly impede effective competition in the EC. The purpose of the change was to guarantee that the Commission could deal with all harmful effects to competition resulting from a merger. More specifically, the purpose was t
Communication between competing undertakings comes in different guises: It is an indispensable and inherent feature of every cartel, it is at the heart of the activities of every trade organisation, and today many firms are involved in some type or another of benchmarking, which is also based on an exchange of information between the participating companies. This thesis deals primarily with inform
My thesis consists of three main parts. The first part, Chapter 2, describes the legal framework regulating free movement of goods, with the focus on quantitative restrictions in the EC. The starting point of this chapter is the current approach to harmonization in completing the internal market. This section considers the limits of economic integration prior to 1986 and the important steps taken
The creation of an internal market is one of the objectives of the EC Treaty, and the Competition provisions are crucial to the achievement of this goal. Article 81(1) EC Treaty prohibits agreements which may distort trade between the Member States. The consequence of violating such a prohibition is given by the Treaty itself in Article 81(2): voidness. However, the consequences of such voidness a
This thesis is intended to analyse the religious liberties recognized by the international human rights' instruments in secular education, to discuss the legal approaches, interpretations, case laws of different international human rights bodies and to understand how religious liberties interact with public education in secular states in terms of practice and theory. In modern world and especi
Intellectual property law seeks to promote society's industrial development through the recognition of patents. The logic of granting patent protection is clear-cut: Patents provide incentives for developing new technology. The lack of an adequate legal protection for innovations would slow progress and the benefits it brings. Without legal protection, companies would be unlikely to spend sign
The travel industry has seen an overwhelming growth concerning air passenger numbers in recent decades. In the same period of time the European Community passed a series of legislative measures to provide air passengers with essential rights. In this thesis those different sets of rules accompanied by case law and literature shall be examined. The first step taken was the Package Travel Directive
The European Internal Market is one of the major achievements of the European integration, and as stipulated in Article 14 ECT it consist of ''an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions in the treaty''. The free movement of persons is one of the four freedoms guaranteed by the Co
It was not until the 1970's, when the claims that lawyers profession fell within the exception of official authority (Article 45 EC) were defeated in the Reyners judgement and the lawyer's profession was held to be within the scope of freedom of establishment. In 1977, the Community legislator adopted a Legal service directive. The directive applies to the lawyers from any Member State whe
Since the 'Danish bottles case', where the protection of the environment was recognized as a mandatory requirement that could derogate from the free movement of goods, the ECJ has taken over an interesting role to map the boundaries of its application. The rank of Community policy and the need of integration explicitly envisaged in the EC, have had a major influence in its judicial interpr
