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Yota Negishi - Conventionality Control of Domestic Law

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Yota Negishi

Conventionality Control of Domestic Law

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 312 2022

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1. Research Problems S. 17-27

„… Domestic Law Patients are considered to have the ultimate say regarding their health condition. Although …” „… issue of systemic violations of international human rights law caused by the defections of domestic …” „… violations caused by unconventional domestic law even earlier. During the birth of the system, the historical …”

Chapter 2 International Distribution of Conventionality Control Powers S. 71-104

„… required to perform general obligations to respect and ensure treaty rights and to align their domestic law …” „… a convention reinforcing or complementing the protection provided by the domestic law of the …” „… International Law 335–369. 1. Relationship between Regional and Domestic Courts 83 danger” that exists for the …”

Chapter 2 Domestic Distribution of Conventionality Control Powers S. 155-194

„… conventionality control of domestic law by all judges. Regarding the permissive aspect, the second italicised …” „… conventionality control of domestic law by constitutional judges. This chapter surveys these two directions of the …” „… constitutional courts (Section 1-B) in the control of domestic law in light of national constitutions and …”

Chapter 1 Application of Conventionality Control Parameters S. 105-154

„… domestic judges are required to exercise control over domestic law in accordance with not only national …” „… internal law by prohibiting the invocation of domestic legal provisions as justification for the failure to …” „… concerned a rule of its internal law of fundamental importance’. At the domestic level, as is implied in the …”

2. Research Materials and Frameworks S. 28-38

„… conventionality control, as represented by the second category of general obligations to harmonise domestic law …” „… . Against the similar backgrounds of systemic human rights violations caused by unconventional domestic law …” „… international and constitutional law by empirically analysing the regional and domestic practice of …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Unconventionality of Domestic Law A. 17 Conventionality Control of Domestic LawB. 21 Research Materials and …” „… Control of Domestic Law Beiträge zum ausländischen öffentlichen Recht und Völkerrecht Edited by the …” „… Prof. Dr. Anne Peters Volume 312 Yota Negishi Conventionality Control of Domestic Law …”

Conclusion S. 195-208

„… adjudication’ (Part 2) by focusing on the practice of conventionality control of domestic law in the European …” „… pyramidal concept of the relationship between international and domestic law has been developed through …” „… legal limits on the effect of international law within the domestic legal order if it severely conflicts …”

Literature S. 225-252

„… Domestic Legal Systems: Article 90 of the Turkish Constitution’ (2007) 8 European Journal of Law Reform …” „… Control of Domestic Law’ in Armin von Bogdandy, Flávia Piovesan e Mariela Morales Antoniazzi (eds), Ius …” „… , Yota, ‘Distribution of Powers for the Conventionality Control of Domestic Law between Constitutional …”

Miscellaneous S. 224

„… on the Engagement of Domestic Courts with International Law, the 77th Conference of the International …” „… Domestic Courts with Respect to a Decision Issued by an International Judicial or Quasi-judicial Body …” „… Involving International Human Rights Law, annexed to Johannesburg Conference Resolution No 2/2016, the …”

Chapter 1 Interpretation of Conventionality Control Parameters S. 39-70

„… continuous evolution in the norms and principles applied in international law or in the domestic law of the …” „… as these ‘more favourable’ provisions are relied upon, conventionality control of domestic law is …” „… domestic laws and practices.110 105 Álvaro Franciscco Amaya Villarreal, ‘El principio pro homine …”

Council of Europe S. 210-213

„… Opinion Concerning the Recognition in Domestic Law of a Legal Parent-child Relationship between a Child …”

doi.org/10.5771/9783748929833

Cordula A. Meckenstock - Investment Protection and Human Rights Regulation

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Cordula A. Meckenstock

Investment Protection and Human Rights Regulation

Series: Leipziger Schriften zum Völkerrecht, Europarecht und ausländischen öffentlichen Recht

Volume 17 2010

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„… , AGIP and Revere Copperarbitrations.67Chapter 8: Concerns related to Domestic LawDomestic law concerns …” „… settlement authorities. The applicability of international law—often besides domestic and sometimes besides …” „… validity of stabilization clauses under domestic, especially constitutional law. Thesecond category is …”

The “Selective Regulation” S. 100-102

„… noncompensable domestic regulation. International treaty law in the form of BITs or regionaltreaties has only …” „… domestic regulation.Some case law talks only about the differentiation between indirect expropriation …” „… lawsources so far try to offer according solutions.269Customary international law calls for compensation in …”

Conclusions and Drafting Proposal S. 133-136

„… governmental purpose of the domestic regulation, the areaof law the regulatory measure belongs to, the source …” „… should then be restricted with respect to thearea and source of law the domestic regulatory measure in …” „… lawful domestic regulation. They are too broad to providelegal certainty. Purpose-based escape clauses …”

The Wording S. 159-160

„… law—under the condition that the relevant domestic law is not more stringentthan the highest of the …” „… , provided that such domestic law is no more stringent than the including relevant EU directives (“EU …” „… domestic law in the relevant State, EU Standards, and applicableinternational treaty standards evolve, and …”

International Law S. 102-110

„… compensable and non-compensable domestic regulation.Some case law talks only about the differentiation between …” „… Takings16.1 International LawCustomary international law is silent on the matter. It is only relevant in …” „… andsubject to the conditions provided for by the law and by the general principles ofinternational law.The …”

The Legal Effects S. 160-161

„… law—under the condition that the relevant domestic law is not more stringentthan the highest of the …” „… regulating in fulfilllment of international labour and human rights treaties or via domestic law if that …” „… domestic law is notmore stringent than the highest benchmark between EU,Worldbank or international …”

Main Theses S. 163-168

„… law.The stabilization of less sensitive, but economically at least as important areas oflaw has to remain …” „… Part IXMain Theses163Chapter 22: Main Theses1. Investment protection and domestic regulation for …” „… human rights purposes are intension.2. The tension between investment protection and domestic regulation …”

The “Regulatory Chill Effect” S. 97-100

„… under international law.248 Domestic regulation that does notamount to regulatory takings, but that …” „… Chapter 15: The Chilling Effects of Compensatory Duties15.1 The “Regulatory Chill Effect”Domestic …” „… international customary law. Each time the specific threshold of the according State Contract isoverstepped by a …”

Ex Post-Tools S. 136-139

„… .357 Compensatory dutiesare triggered if domestic regulation infringes anyhow upon the regulatory …” „… international law doctrine of regulatory takings that is reflectedin closely all BITs.359In the following …” „… only progressively realize human rights in their territory. They are raising their domestic human …”

In Detail: State Contracts S. 29-32

„… domestic legal order of thehost state, international law—comprising international customary law, general …” „… legalcertainty, though.3.5 In Detail: State ContractsThe counterparts of BITs on the domestic law level are …” „… transnational law.50 Those who consider the domestic legal order of the hoststate the applicable law argue with …”

Stabilization Clauses Generating the Tension between Stabilization and Regulation S. 93-97

„… regulatory takings and thereforetrigger compensatory duties under international law.248 Domestic regulation …” „… tension between investment protection and domestic regulation is easily to recognize. Host states …” „… circumstances of his investment project, facilitating his financial plannings. Host states’ domestic regulation …”

Ex Ante Tools S. 139-146

„… otherwise applicable to the state fromtime to time under international law.”This model escape clause suffers …” „… obligations [...] under international law”bears the danger of circumvention through the conclusion of …” „… regulatory takings.372As basic prerequisites, the domestic regulation that is exempted from the scope of …”

Regulatory Takings S. 86-87

„… takings are legislative or administrative regulatory measuresbecause of domestic administrative law …” „… health. The tribunal decided infavour of the U.S. that “from the standpoint of international law, it was …” „… in depth later on in connection with thetension between investment protection and domestic regulation …”

Categorization of Drafting Ideas S. 125-130

„… well. Domestic regulation incertain areas of law such as human rights, public health, safety, or …” „… clause seems to be too broad, however, since it capturesnearly all kinds of lawful domestic regulation …” „… interests.18.1.3 Area of Law-Focused Escape ClauseEscape clauses could be focused on certain areas of law as …”

Model Clauses S. 130-133

„… the domestic regulation, the areaof law the regulatory measure belongs to, the source of of the …” „… about bona fide, non-discriminatory domestic regulationand capture nearly all kinds of lawful domestic …” „… possible misuse by the regulating government. Area of law-focused drafting proposalscontain the problematic …”

Conclusions S. 146-148

„… powers or public welfare objectives—, the area of law the domestic regulation stems from, the source of …” „… lead to a fair balance between investment protection and domestic regulation in favourof the …” „… need to be trained inthe area of international investment law and the relevant negotiation praxis. This …”

Legal Background S. 153-159

„… the relevant Project State from time to time, provided that such domestic law is no more stringent …” „… dynamic, will evolve when andas standards under domestic law in the relevant State, EU Standards, and …” „… in accordance with such evolving domestic law from timeto time provided it is no more stringent than …”

Introduction S. 13-16

„… the project’s cost-benefit-equilibrium through domestic regulation, it needs to be restored through an …” „… and/oreconomic legal framework of the investment project through domestic regulation. Butthey need to pay …” „… and/or economic frame of the investment project through domestic regulation. But exactly this domestic …”

Conclusion S. 122-124

„… interfering domestic regulation is therefore way heavier than underinternational law. The possible regulatory …” „… by a domestic regulation:“[...] It is each state’s undeniable right and privilege to exercise it …” „… sovereign legislative power. A state has the right to enact, modify or cancel a law at its own …”

International Literature S. 118-121

„… has been recognized and given a side note aswell.17.1 International LawNeither customary international …” „… international law and are not dealt with in international lawprovisions.17.2 International …” „… clauses in State Contracts concerning legal prerequisites and consequences.33217.3 Case LawInternational …”

Measures below the expropriating Threshold S. 87-88

„… Another interesting questionis whether the international law threshold that renders regulatory takings …” „… a lowering of the threshold that is valid underinternational law. This question—which can be …” „… detail in connectionwith the tension between investment protection and domestic regulation.12.4 Measures …”

Case Law S. 121-122

„… Contracts concerning legal prerequisites and consequences.33217.3 Case LawInternational case law has so far …” „… the differences between regulatory takings underinternational law and stabilization clauses in State …” „… only dealt indirectly with the effect of stabilizationclauses on the host state’s domestic regulation …”

Case Law S. 111-118

„… case of interfering domestic regulationis heavier than under the international law doctrine of …” „… Balancing the Tension—Regulatory Takings16.3 Case LawInternational case has dealt with the issue as …” „… International LawNeither customary international law nor international treaty law have dealt with the …”

Analysis S. 161-162

„… The Human Rights Undertakingto seek remedies in domestic courts although there is the international …” „… domestic regulation from thescope of the economic equilibrium clause, freeing it from the triggering of …” „… triggered. By refraining from domestic regulation,the international human rights treaty obligations are …”

International Law S. 118

„… has been recognized and given a side note aswell.17.1 International LawNeither customary international …” „… international law and are not dealt with in international lawprovisions.17.2 International …” „… Chapter 17: Balancing the Tension between Investment Protection andDomestic Regulation in …”

Expropriations S. 75-82

„… duties under international (customary)law are examined first. Against this background, domestic …” „… dutiesunder international (customary) law—but they do because of a stabilization clause sincethey might …” „… Measures under International Law12.1.2 Expropriations under International LawInternational law provides two …”

Conclusions S. 88-90

„… due to domestic administrative law (environment, building, planning law etc.). If those regulatory …” „… in the State Contract and are notgranted by international law. These measures will be discussed later …” „… executed in violation of international law and called confiscation. Wide-scale expropriations that involve …”

„… “regulatory taking doctrine” in international law. The“regulatory chill effect” of stabilization clauses has …” „… Briefing Papers 4 [2007] (as in n. 48)on p. 2.174 Idem, The Journal of World Energy Law & Business 1 [2008 …” „… states’ interference with the State Contract.175 Validity concerns stemming from domestic constitutional …”

Conclusions S. 73-74

„… stemming from domestic constitutional law are mainly connected to the separation of powers doctrine and to …” „… legislative powers thatcollides with domestic constitutional law. The international law principle of host …” „… the principle of “lex posterior derogatlegi priori”. The international law principle about host states …”

Conclusions about the Legal Effects of Classic Stabilization Clauses S. 60-62

„… at least in amendmet to the domestic law of the host state. The fear of being hostageto the host …” „… time, however, isnot construed as a choice of law—as above—, but as a material law choice. The choiceof …” „… and not by its conflict of laws regime. If the choice of time as amaterial law choice is valid, the …”

Indirect Expropriations S. 82-86

„… international law.12.2.1 Case LawThere are several examples for “indirect” and “de facto” expropriations in …” „… . 420-421.84Compensatory Measures under International LawTecmed, the refusal to renew the license was largely …” „… international law, it was a lawful regulationand not an expropriation”.223 The tribunal further observed that …”

Literature S. 110-111

„… p. 375.110Balancing the Tension—Regulatory Takings16.3 Case LawInternational case has dealt with the …” „… Balancing the Tension—Regulatory TakingsThe Restatement of the Law explicitly exempts …” „… authors draw theline similar to the attempts made in international law, using the “ ... legitimate …”

Titelei/Inhaltsverzeichnis S. 2-12

„… Clauses 658. Concerns related to Domestic Law 689. Concerns related to the Sovereignty of the Host State …” „… 12718.1.2. Purpose-Based Escape Clause 12718.1.3. Area of Law-Focused Escape Clause 12818.1.4. Source of …” „… Law-Related Escape Clause 12818.1.5. Situation-Based Escape Clause 12918.1.6. Definition of Expropriation …”

Pros and Cons of Foreign Direct Investment S. 22-24

„… domestic law, oftreaty law, customary international law and in a subsidiary way of the sentences of …” „… 3: Investment Protection LawInvestment Protection Law is an interesting blend of international and …” „… an important role for theeffective protection of FDI.3.1 Treaty LawThe earliest treaties between two …”

Treaty Law S. 24-26

„… international and domestic law, oftreaty law, customary international law and in a subsidiary way of the …” „… Chapter 3: Investment Protection LawInvestment Protection Law is an interesting blend of …” „… investors also play an important role for theeffective protection of FDI.3.1 Treaty LawThe earliest treaties …”

In Detail: Bilateral Investment Treaties (BITs) S. 27-29

„… legalcertainty, though.3.5 In Detail: State ContractsThe counterparts of BITs on the domestic law level are …” „… the law. Expropriations are only lawful if they adhere to this standard and if furthermore they serve …” „… and Realization. Global Law Working Papers,2005.27Investment Protection Lawabove discussed FCN …”

Conclusions about Stabilization Clauses in State Contracts S. 62-64

„… clausesare only supposed to protect the regulatory frame from changes in certain areas of thehost state’s law …” „… international obligationsor due to the pursuit of more modern social and environmental domestic policies, a …” „… pollution standards or new laws on workforce security—are theyin violation of the stabilization clause and …”

Classic Stabilization Clauses as Choice of Time Clauses S. 57-60

„… are neutral international fora, usually applyinginternational law at least in amendmet to the domestic …” „… host state’s legal regime from a certain date.6.2.1 Conflict of Laws v. Material Law ChoiceOne …” „… construed as a choice of law—as above—, but as a material law choice. The choiceof time does not cause the …”

Relevance of Stabilization Clauses S. 53-56

„… duties. Such a limited economic stabilization clause typically reads as follows122:“’Change in law’ shall …” „… (b) affects the foreigncapital power producers and the domestic capital power producers in a …” „… international law have become part of the international legalorder either because both their parties have …”

Varieties of Stabilization Clauses S. 47-53

„… provisions in the State Contractfrom subsequent changes in certain laws only (e.g. the Peruvian Mining Law of …” „… law,treaty, intergovernmental agreement, decree or administrative order which contravenes the provisions of …” „… Contracts are supposed to protect the contractual provisions from subsequent changes in the law of the host …”

doi.org/10.5771/9783845226996

Rainer Hofmann, Christian J. Tams - International Investment Law and Its Others

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Rainer Hofmann (ed.), Christian J. Tams (ed.)

International Investment Law and Its Others

Series: Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung

Volume 27 2012

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Christoph Hölken Conflicts between International Investment Law and Domestic Law S. 213-234

„… international law." According to this view, international law’s primary role is to fill lacunae in domestic …” „… third category of domestic law’s relevance in IIT proceedings concerns the problem of whether …” „… domestic and international law occurred. I. Emergency Laws as a Justification for the Breach of an …”

Monika Polzin International Investment Law and Domestic Public Law: A Theoretical Appraisal S. 191-202

„… 191 International Investment Law and Domestic Public Law: A Theoretical Appraisal Monika Polzin …” „… * Introduction This paper addresses the relationship between domestic public law and international investment …” „… what extent domestic public law should be used in determining and shaping the content of international …”

Pavel Šturma Relations between International Investment Law and Domestic Public Law: No Love at First Sight S. 203-212

„… 203 Relations between International Investment Law and Domestic Public Law: No Love at First …” „… relationship between domestic public law and international investment law, in particular how domestic public …” „… comparative public law, I would present the relevant arguments on the relationship between domestic public …”

Rainer Hofmann, Christian J. Tams International Investment Law and Its Others: Mapping the Ground S. 9-14

„… as a hegemonic project that undermines legitimate domestic law-making as well as international rules …” „… (human rights law, international environmental law, etc.) and, of course, domestic law. The invocation …” „… agreement – to give just one example – may disapply domestic law or influence its application. Claims for …”

Titelei/Inhaltsverzeichnis S. 2-8

„… . specialised branches of international law and domestic law that regularly interact with it. These branches …” „… potential impact rules of domestic law might have on the international legal regime governing investments …” „… Domestic Public Law: A Theoretical Appraisal 191 Pavel Šturma Relations between …”

Isabel Feichtner Thinking Utopia and Politics of Paradise S. 79-86

„… Law, 60 Stanford L Rev (2007), 598, 630 et seq. 82 cepts known from domestic administrative and …” „… relationship between investment law and human rights and agree that international lawyers should focus more on …” „… I. Venzke, On the Democratic Legitimation of International Judicial Lawmaking, 12 German Law …”

Tarcisio Gazzini, Yannick Radi Foreign Investment with a Human Face – with Special Reference to Rights of Indigenous Peoples S. 87-112

„… Tarcisio Gazzini* and Yannick Radi** A. Introduction Saying that foreign investment law cannot be seen …” „… in clinical isolation from the rest of international law is a gross understatement.1 In particular …” „… , far from being two separate branches of public international law, foreign investment law and …”

Marc Jacob Faith Betrayed: International Investment Law and Human Rights S. 25-70

„… hence called for. Since the domestic law of the host state is potentially suspicious, the obvious …” „… domestic courts. This differs from the state-state process of areas such as trade law. Investor-state …” „… reducing the protections afforded in domestic environmental or labour laws.47 In light of this, ‘each …”

Alessandra Asteriti Waiting for the Environmentalists: Environmental Language in Investment Treaties S. 117-156

„… ‘other’ obligations arising under international law and/or domestic law. A review of the more than 1,800 …” „… non-investment obligations (such as compliance with international and/or domestic law) are almost universally …” „… specific reference to international or domestic law which remains applicable either to fill in the lacunae …”

Markus Krajewski International Investment Law and Human Rights: Beyond General Observations, Towards Greater Differentiation S. 71-78

„… 71 International Investment Law and Human Rights: Beyond General Observations, Towards Greater …” „… Differentiation Markus Krajewski∗ The relationship between international investment law and human rights law is …” „… about investment law and human rights echoes elements of the discourse on international trade law and …”

Francisco Orrego Vicuña The Other Side of the Coin: Recent Paradoxes of International Investment Arbitration S. 15-24

„… of the University of Frankfurt and the University of Glasgow Law Schools. This is particularly so in …” „… Comparative Law for many teaching and research endeavors. Allow me to also to open up with a true story …” „… with an extraordinary legal twist. * Professor of International Law at the Heidelberg University …”

doi.org/10.5771/9783845243436

Constanze Semmelmann - Social Policy Goals in the Interpretation of Article 81 EC

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Constanze Semmelmann

Social Policy Goals in the Interpretation of Article 81 EC

2008

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The rationale for domestic labour law S. 70-74

„… , see at 161. 281 See further Chapter 7 and 8. 731. The rationale for domestic labour law a …” „… . Structural imperfections of the labour market The major rationale underlying domestic labour law and …” „… fundamental rights in the context of competition law depends on a debate that is yet very embryonic at the EC …”

Content S. 9-16

„… from their “market-serving” function 721. The rationale for domestic labour law 73a. Structural …” „… constitution 30Chapter 2: Delineation and scope of the topic in light of the goals of EC competition law 33I …” „… several goals 43IV. The goals of EC competition law 461. Market Integration 472. Competition as a means to …”

Positive and negative integration and in between S. 61-68

„… perspective, EC social policy is regarded either as the soft bit of EC law, an essential component of …” „… Barnard, EC "Social Policy", in: Craig and de Búrca (eds.), The Evolution of EU Law, Oxford, Oxford …” „… policy”, it refers first and foremost to labour law.225 Due to the “janus-headed” nature of labour – as a …”

The free movement provisions, social policy, and their application to private parties S. 162-173

„… between European Competition Law and National Regulation - A Conflict of Laws Reconstruction of the …” „… Giesen, Posting: Social Protection of Workers vs. Fundamental Freedoms, 40 Common Market Law Review (2003 …” „… from entities which are governed by private law, one has the choice between an extension of the scope …”

doi.org/10.5771/9783845210797

Mahulena Hofmann - Europarecht und die Gerichte der Transformationsstaaten

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Mahulena Hofmann (ed.)

Europarecht und die Gerichte der Transformationsstaaten

2008

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Pavel Šturma Pavel Šturma: The Relationship “European Law – Domestic Courts”: More than Mere Legal Relevance? S. 176-185

„… , the perception of the European law in the domestic courts and among lawyers in the transition …” „… most cases, the domestic courts do not need to apply European law as such but rather laws transposing …” „… European law (mostly of directives) has been transposed into the domestic laws. Secondly, the most …”

Jiří Malenovský Jiří Malenovský: The Relations between Constitutional Law, Community Law and International Law according to the Czech Constitution: Still Ambiguities to be Resolved S. 31-39

„… facto for abrogation of domestic laws, since constitutional law (in this particular case the Czech …” „… the international treaties on human rights into domestic law and set aside other international …” „… the Fall of the Wall: the Relations between International Law and Domestic Law in the Constitutions of …”

Petr Ondrušek Petr Ondrušek: The Beginning of a Dialogue: The Experience of the First Four Years with Preliminary Rulings from New Member States S. 133-137

„… law). Yet, as the first cases were inevitably bound to pre-accession facts, the Court's firm line on …” „… request for interpretation of Community law with respect to facts which occurred before the accession of …” „… law if it related to factual matters that occurred before the accession. Importantly, the Court held …”

Franz Merli Franz Merli: EC Law and the Austrian Constitutional Court S. 170-175

„… constitutional standards of equal protection under the law.5 Thirdly, the application of a domestic statute …” „… lawlessness, increases the chances of a correct application of EC law in Austria. 2. The Court as Defender …” „… 170 EC Law and the Austrian Constitutional Court Franz Merli∗ I. Introduction While some …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Law – Domestic Courts”: More than Mere Legal Relevance? I. Introduction 176 II. The EU Law as the …” „… European Law and the Courts of the Transition Countries Nomos 1. Auflage 2008 © Nomos Verlagsgesellschaft …” „… photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where …”

Mahulena Hofmann Mahulena Hofmann: Europarecht und die Gerichte der Transformationsstaaten: S. 14-18

„… the axis of our conference. To this aim, first, the roads of European Law to domestic courts will be …” „… Perspektive auch Albaniens – zu vergleichen. 17 European Law and the Courts of the Transition Countries …” „… the European Union are obliged to apply, if appropriate, European law. Article 10 ECT requires Member …”

Anneli Albi Anneli Albi: CEE Constitutional Courts and Application of EU Law: Constitutional Rights versus Supremacy? S. 77-96

„… Importantly from the point of view of EC law, however, the Court treated the Surplus Act as a domestic act …” „… implementation; the Constitutional Law Committee of the Parliament has stressed that the domestic implementation …” „… human rights violations when implementing EU law. Rick Lawson, discussing other similar cases that have …”

Mirjam Škrk Mirjam Škrk: European Law and the Constitutional Court of the Republic of Slovenia S. 54-76

„… domestic law." 43 [1970] ECR 1125. 44 Craig, de Búrca, op .cit., p. 280. 45 Amministrazione delle …” „… supremacy of EU law in relation to national laws has also developed through the ECJ case-law. In the case …” „… between different states would be destroyed if Community law was subordinate to the national laws of …”

doi.org/10.5771/9783845211756

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