Get this from a library! Drept comunitar / cele patru libertati fundamentale: politici comunitare. [Octavian Manolache]. Iasi, Polirom PH Cojocaru St (b) Elaborarea proiectelor, Iasi, Expert Projects PH Manolache O Tratat de drept comunitar, 5th edition, All Back PH. Phone, Suggest a phone number Master Drept Comunitar European, Bucharest, Romania. 2 likes. College Posts about Master Drept Comunitar European.
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This contribution firstly summarises some of drept comunitar requirements the case law of the Court of Justice imposes upon national judges when applying EC law.
Master Drept Comunitar European
Second, a realistic assessment of the judicial capacity in these areas is provided, with where possible some examples from the case law of the new Member States.
Finally, broader conclusions are drawn concerning the capacities and strategies of national courts in drept comunitar domestic application of EC law, including some of the inspirations which the European legal order may draw from game theory.
The current rules of standing for non-privileged applicants under Article 4 EC are at the core of an ongoing debate because of the restrictive interpretation given to these rules by the European Court of Justice.
This paper reviews the locus standi conditions for private applicants, the fundamental case law on this issue and the failed attempts to reform the current system. Furthermore, building upon the conceptual framework of rational-choice and drept comunitar institutionalism, the paper presents possible explanations for the reluctance of the ECJ to substantially reform its restrictive approach to locus standi.
The action for failure to fulfil obligations brought by the European Commission against Austria and other seven Member States to the European Court of Justice concerning the nationality requirement imposed for notaries public has reached the final stage.
In case the Court will conclude that the profession of notary public is not connected with the exercise of official authority under Article 45 EC, then the Member States concerned might be under a duty to perform an extensive reform of their legal systems.
The present paper supports the thesis that such an drept comunitar would be possible only on a basis of an erroneous reading of the EU law.
The article deals the way in which the Court of Justice has tackled the purely internal situations by means of preliminary rulings.
The Court used that instrument in order drept comunitar rule on the impact of restrictive national measures which were brought to its attention by drept comunitar sent by the national courts, about the settlement and functioning of the Internal Market.
The preliminary rulings have contributed to a reduction of the purely drept comunitar situations to cases that did not have a connection factor with the Community law, but which had the risk to generate in the future obstacles for drept comunitar use of the freedoms specific for the Internal Market.
At present, the preliminary rulings are admissible in case the main proceedings represent a purely internal situation, provided drept comunitar law of the European Union is deemed as applicable by an internal norm or by taking over its content of internal norm.
However, the Court delivered preliminary rulings without verifying that condition, presuming that the national court who addressed the question had previously checked and ascertained that the internal law forbad reverse discrimination, and the answer he required to the Court was necessary and useful in order to solve the main proceedings.
As the European Commissioner for Competition policy, Drept comunitar Kroes, admitted in her public speeches, businesses and consumers in Europe lose billions of euros each and every year as a result of companies breaking EU antitrust rules.
These individuals have drept comunitar right to compensation through an effective system that complements public enforcement, whilst avoiding excessive burdens and abuses. Facilitating damages claims for breaches of the antitrust rules will not only strengthen the enforcement of competition law, but will also make it easier for consumers and businesses who have suffered damage from an infringement of competition law rules to recover their losses from the infringer.
The Commission is therefore looking at the conditions under which private parties can bring actions for damages before the national courts of the Member States for breach of the Community antitrust rules. In the majority of Member States actions for damages for the infringement of EC and national competition law have been extremely drept comunitar.
Octavian Manolache (Author of Tratat de drept comunitar)
In Europe, competition law is mostly enforced by competition agencies, subject to review by the courts. Awards for damages by national courts at the initiative of private parties are much less common On 19 Decemberthe Commission published for public consultation a Green Paper and a Commission staff working paper on damages actions for breach of the EC antitrust rules.
The purpose of the said Green Paper was to stimulate the drept comunitar and also a feedback from stakeholders on a number of possible options which could facilitate private damages actions. The White Paper suggests specific policy choices and measures that would help give all victims of infringements of EC competition law access to effective redress mechanisms so that they drept comunitar be fully compensated for the harm they suffered.
The White Paper is based on an impact assessment. The consultation to the public was open until the 15th July Nevertheless, many of the rules under review, although formally modified, disappoint after a detailed analysis.
This is the case of the ratione personae scope, which is now consistent with the European citizenship and with the new aspects arising from the freedom of movement and the equality of treatment, drept comunitar without innovation in practice.
Drept comunitar / cele patru libertati fundamentale : politici comunitare
The ratione materiae scope drept comunitar extended only regarding the paternity and pre-pension benefits, which is not sufficient in respect of the actual social needs and the national evolutions in the field of social security. The other principles were equally without remarkable changes.
However, it is often considered that, regarding the equality treatment and the exportability rule, drept comunitar substantial changes are necessary.
Notwithstanding, one should note the strengthening of the non-discrimination rule by generalisation arisen from the assimilation of drept comunitar disposition.