................................................... 4 1.2.3. Geographical scope ....................................................................... 4 1.3. Decision ......................................................................................... 4 2. Analysis of the Case ....................................................................... 5 3. Additional Informations ............................................................. 10 4. Bibliography ................................................................................ 11 2 Assignment: Competition in the European Union: The legal framework 3 1. The Case 1.1. General Case: AT.40098 ‐ Blocktrains Plentative: EU Commission Defendant: Kühne + Nagel International AG and Kuehne + Nagel A.E. (collectively referred to as "K+N"); ÖBB‐Holding AG, Rail Cargo Austria AG, Rail Cargo Logistics – Austria GmbH and Express Interfracht Hellas A.E.4 (collectively referred to as "EXIF"); Deutsche Bahn AG, Schenker AG, Schenker & Co. AG and Schenker...
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...ISSN 1725-2423 Official Journal of the European Union English edition C 306 Volume 50 17 December 2007 Information and Notices Contents Notice No 2007/C 306/01 Page Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMENDMENTS TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 10 10 42 FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Article 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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...RIGA GRADUATE SCHOOL OF LAW THE IMPLEMENTATION OF INTERNATIONAL STATE RESPONSIBILITY NATIONAL SPACE LEGISLATION IN THE EU (title) INTO MASTER’S THESIS AUTHOR: DMYTRO CHYBISOV LL.M 2007/2008 year student student number LLM00703 JANE SMITH________________ (name, surname) TUTOR: Professor____________________ (academic title) DECLARATION OF HONOUR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. (Signed) …………………………………. RIGA, 2008 2 SUMMARY In Part I the general provisions of space treaties and principles of public international law briefly summarized. An overview of “appropriate state”, “launching state” terms and international responsibility and liability issues also discussed there. Part I is supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view...
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...Caribbean Dialogue July/August 1994 The Importance of Negotiation Preparedness: Reflections on the Caribbean Experience _________________________ Alister McIntyre Over the past three decades, the CARICOM countries have both individually, and as a group, accumulated considerable experience in regional and international negotiations. Within the region, the development of CARICOM and related institutions and arrangements have taken up a considerable amount of time of governments. Associated with that have been trade and economic agreements with major trading partners – European Union (EU), Canada and, more recently, the United States. Governments have also been involved in almost unending negotiations with the international financial institutions over their stabilisation and adjustment programmes. At different periods substantial attention has also been paid to global negotiations under the auspices of the United Nations and its specialized agencies, such as GATT. Furthermore, some governments have been intensely involved in negotiations with international companies in the fields such as natural resources telecommunications. It is not possible in a single presentation to distill and synthesise this wide variety of experiences into a set of reflections. What I shall do is to concentrate on the governmental trade and economic negotiations with overseas countries and groups of countries, partly because we are on the threshold of new negotiations for entry in to NAFTA, and...
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...British constitution as it stands is currently an uncodified constitution, this means that the basis of the UK consititution is drawn from a number of several different cources, some of which are written and some of which that are not,for example the main sources of the British constitution are: major consititutional documents, works of authority, conventions, statute law, European law, and common law. There is no one singular written constitution. This would be a codified constitution where all of the laws and rules of authority are written in one unified document, this form of constitution is, for example, within use in the USA. Although the British constitution is an uncodified one presently, it can be argued that it is becoming increasingly codified for several reasons. One of these reasons is due to the effects of our membership as a country in the EU, as of 1973. One of the effects that took place in UK politics after joining the EU was the introduction of the 1998 Human Rights Act. This would enshrine the already present convention within UK law, but would also effectively replace much of the common law within respect to various freedoms for the countries population, (for example the freedom from arrest without trial, which would later result in tension over terrorism and attempted terrorism, and the freesom of speech assembly). The introduction of the Human Rights Act in the UK increased the overall political role of the judges due to how they could now declare acts...
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... • Parliaments power is unlimited in that it can make laws on any subject • The validity of parliament cannot be questioned Eg. By the courts, church, monarchy etc. • Parliament can’t limit the law making power of any future parliament, therefore parliament cannot pass a permanent law (entrench the law) Britain joined the EU on the 1st January 1973. Parliament is no longer the supreme law maker because EU law will prevail if there is a conflict between the EU and parliament. A recent challenge to the powers of the EU came in the case of Ex Parte Factortame 1991. This concerned the rights of Spanish fishermen to fish in British waters. Spain argued that the Merchant Shipping Act 1988 was against EU law and that the law should be suspended pending trial. English courts refused because they couldn’t suspend an act of parliament. The European court of justice said that the act should be suspended and gave courts the right to limit parliamentary sovereignty in some circumstances. Parliament has to pass laws to comply with EU law. Eg. About a third of legislation is made to implement EU law. Sovereignty has been limited but we can avoid surrendering it by withdrawing from the EU through legislation because membership cannot be entrenched in law. The effect of the Human Rights Act: The Human Rights Act incorporated the EU convention on human rights into UK law in 1998. All legislation must comply with human rights, eg...
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...EUROPEAN COMPANY LAW Characteristics of company law Very complex and flexible area of law in modern day society Forming a company is a popular way of making business in the market Company law has strong connections with many other private law and public law areas (tax law, accountancy law, bankruptcy proceedings, competition law) Vital area of law for practicing the freedom of establishment in the EU Difficulties of harmonizing the laws in the Member States Four company law families in Europe with strong traditions: German-Austrian model French model Anglo-Saxon model Scandinavian model Different forms and types of companies in most member states There is no mutual admission for companies formed in another member state Attempts to form an EU company law Directives related to certain areas of company law (Rome Treaty art. 50.) To ensure smooth business in the common market Unfortuntaly very ineffective Almost always basic principles of company law Not real unification of company law Regulations to form EU supranational companies Implied powers rule in Rome Treaty (art. 352) 3 EU companies governed exclusively by EU law not the laws of the Member States with at least two partners from different member states may choose these special company types free from national legislation Interpretation of the freedom of establishment for companies Daily Mail – case (C-81/87) ECJ made a distinction between primary establishment...
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...Technology and the MTA Being a non-driving resident of the Bronx who works a full-time job in Manhattan I am a frequent and sometimes seemingly constant companion of the Metropolitan Transportation Authority (MTA). Like any other red-blooded American and New Yorker, I do not hesitate to voice my discontent whenever it pleases me at my irritation with the transportation system. However, with all respect and consideration, the MTA has improved technologically and one great improvement and innovative use of technology that they have adopted and implemented is their communication system with commuters. This system, which benefits the commuters of New York City Transit, Metro-North, the Long Island Railroad and to some extents New Jersey Transit was done not to increase revenue but to help commuters in their travels in and around the metropolitan area. They have accomplished this in a variety of ways, in the communications systems, they have implemented a single number phone line (511) for commuters to use, added applications to iPhone and smartphone operating systems, and greatly enhanced their MTA.info website; all at no cost to the commuter. Many people are outraged that the Italian judicial system, in the original trial, would allow the prosecution to present crucial DNA evidence that was considered tainted and inappropriately collected and evidenced. In particular was a spot of blood purported to have been that of the victim which was so miniscule that there was...
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...Multi-Layered and multi-levelled? Public law architectures for the 21st century Since the 19th century the world has changed. Some aspects of life have changed more, others less. The means of communication, technology and transportation of the 21st century, for example, are light-years away from those of the 19th century. Public law concepts have not kept pace. In the words of an author of the book reviewed here, reflecting on the concept of ‘the state’ and the problem of sovereignty: in political as in constitutional legal theory, we still need to cut off the King’s head,1 as we are still entrenched in the philosophical and constitutional language of the 19th century.2 But recently, with European integration and globalisation, change has also occurred in the traditional concepts of public law such as “state” or “constitution”. The book edited by Bamforth and Leyland is about this change over the last thirty years or so.3 “Public Law in a Multi-Layered Constitution” is a significant contribution to a better understanding of how public law is transformed, in Great Britain and elsewhere. The title of the book as well as its introduction (pp. 1-26) state that its central theme is the transformation of the British constitution into a “multi-layered constitution.” This is meant to refer to a constitution that “contains multiple, but inter-connected and sometimes overlapping European and national layers”,4 where “power (both legislative and political) has been spread away from the Westminister...
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...uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the judges and courts. 4. Recent developments like the 1998 HRA now protect our human rights therefore the argument for a written one which protects civil liberties is flawed. | Sources of the UK constitution- 1) Statute law. 2) Acts of parliament-e.g. Parliament ACT 1911 (HOL 2 years)-Human Rights Act 1988 3) Common Law- e.g. Laws developed by judges through the decision of...
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...English constitution, the right to make or unmake any law whatever, and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.’ Legislative supremacy involves not only the right to change the law but also that no one else should have that right, however, Parliament has, on occasion fettered itself in order to limit its own powers, for example, devolution to Scottish Parliament and Welsh...
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...Parliamentary sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights...
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...behaviour, tastes and lifestyles of communities on a local, national and international scale. In a business, it is important for the marketing department to take account of the various social characteristics of the consumer groups for their target market. Legal factors relate to the laws, regulations and legislations which affect the way a business functions. For example, common law for business balance prohibits paying a little and getting a lot. I will describe how political, social factors impact upon Tesco and Bank of China. Political factors of Tesco Tesco have political factors that affect their business activities. For example, political stability for the national economy in this case the government such as the government make decisions in the best interests of the people and should support businesses. The advantages of the government providing support to Tesco will economically benefit the growth of Tesco as well as the country. The government will also benefit from the amount net exports created from UK firms that invested overseas. Political factors of Tesco are: * Taxation * Employment * Education, training and research * Duty on goods * Membership of the EU...
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...all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or changing the constitution to fit its views. Some may argue that this makes a mockery of legal authority. Because the terms of the UK constitution are not defined, it means that unlike the USA, we have no official separation of powers. In America both the government and those who enforce their laws are of equal standing, as outlined in...
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...Judiciaries Focus upon the idea of law enforcement and statutory interpretation. Link the judiciary to the concept of the rule of law and thus to the constitutional importance of an independent judiciary in a modern liberal democracy Role – law enforcement, statutory interpretation, legality of government decisions, application of EU and HRA, protect citizens rights and liberties and potential for involvement in political process (note reduced by creation of Supreme Court however some judges will still seek to make political points especially with regard to political interference in judicial decision making). Consider issues of relative importance between the above factors. Role and power of judiciaries Powers – Judicial Review, Human Rights Act and application of EU law in the UK. Traditionally UK judiciaries only had judicial oversight of decision making by public bodies thus lacking legislative oversight but this has come into force with application of HRA and EU legislation albeit for HRA can only highlight incompatibility and not strike down as in case of US (note can force compliance in case of EU law) Judicial Review – applies to all public bodies can be granted on grounds of ultra vires, irrationality of decision and discrimination. Most cases filtered out in advance and rare for public body to lose (approx 5%). High profile cases such as Herceptin, Standard Life and BAE have forced government and public bodies to change actions (note latter Government won after appeal...
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