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Stefan Lorenzmeier, Dorota Miler - The New Law

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Stefan Lorenzmeier (ed.), Dorota Miler (ed.)

The New Law

2018

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Henriette Nilsson Tøssebro The Principle of Non-Retroactivity and Its Application to Administrative Decisions S. 361-378

„… 361 The Principle of Non-Retroactivity and Its Application to Administrative Decisions Henriette …” „… Grunnloven, 1923, p. 55. The Principle of Non-Retroactivity and its Application to Administrative Decisions …” „… also apply to individually drafted administrative decisions that are binding and are made in the role …”

Ivan Puškár Jurisdictional Immunity of International Organizations – Should It Be Restricted? S. 233-242

„… Courts and Administrative Tribunals as Alternative Means of Dispute Settlement, (2004) 1 IOLR, p. 59 (67 …” „… denial of justice. Although the decision on waiver of immunity remains at specific organization and is …” „… in mind that international organizations rarely waive their immunity.9 In numerous decisions …”

Olli Salmi Principles-Based Regulation and Compliance with Financial Legislation S. 341-360

„… analyzed5 and so has the optimal precision of the administrative rules.6 I do not elaborate on the …” „… Working Paper, p. 1 (2) and articles referred there. 6 Diver, The Optimal Precision of Administrative …” „… Rules: A Philosophical Examination of Rule-Based Decision Making in Law and in Life, 1991, p. 25. 8 …”

Stefan Lorenzmeier, Dorota Miler Introduction to The New Law – Suggestions for Reforms and Improvements of Existing Legal Norms and Principles S. 13-24

„… . Finally, she discusses the applicability of these rules to individually drafted administrative decisions …” „… Administrative Decisions, p. 361. 22 In detail see Saensawatt, On the Nature and Characteristic of Legal …” „… novel proposal significantly optimizes the Commission’s decision-making process.5 As pointed out by …”

Eliza Kompatsiari The Contribution of the Element of ʽFellowshipʼ to the Recognition of a Positive Right to Die for People Incapable of Committing Suicide S. 327-340

„… have to do with a person’s choice to terminate their life, such as their decision to commit suicide, to …” „… ’, (2010) Administrative Law Journal, p. 114 (114 ff.) (in Greek); Katrougalos, The right The …” „… 13 Karavokyris, (2010) Administrative Law Journal, p. 114 (120–121) (in Greek). 14 For a comparative …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Administrative Decisions 361 Thossaporn Saensawatt On the Nature and Characteristic of Legal Systems as Complex …”

Jadwiga Urban-Kozłowska Search of a More Effective Assessment of State Aid Measures in the Aviation Sector S. 179-198

„… decision no DEC-2013/11/N/HS5/04234. 1 The fact that the European Union has an exclusive competence in a …” „… decision-making process shows that the Commission assesses the conditions of funding in the order in which they …” „… . The analysis is conducted with reference to the relevant decisions of the Commission …”

Lukas Beck Abuse of Rights in EU Law: A General Law Principle Limiting the Exercise of Rights at the EU Level? S. 157-178

„… Regulation 2988/95/EC regulates Euratom8 under “Administrative measures and penalties” of Title II …” „… % at the time of the main proceedings. According to the decision referring the matter to the ECJ, CSTS …” „… decision, those three objectives could have been achieved if CSTS had been incorporated in accordance …”

doi.org/10.5771/9783845283975

Tobias Debiel, Karl-Rudolf Korte, Rüdiger Schmitt-Beck - Governance and Legitimacy in a Globalized World

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Tobias Debiel (ed.), Karl-Rudolf Korte (ed.), Rüdiger Schmitt-Beck (ed.)

Governance and Legitimacy in a Globalized World

2008

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Dieter Grunow, Karola Köhling, Hildegard Pamme, Sandra Wißing Assuring Binding Decisions in a Complex Administrative Environment: Empirical Findings from a Decentralization Process S. 31-58

„… 2 Assuring Binding Decisions in a Complex Administrative Environment: Empirical Findings from a …” „… of administrative implementation processes for the legitimization of political decisions in a …” „… administrative decisions might be precarious: no trust in the decision taking actors, illegal and illegitimate …”

Preface S. 5-8

„… problems by means of authoritative decisions was exclusively in the realm of national governments that …” „… successful implementation of political decisions. The integration of countries into supranational structures …” „… local. Authoritative decision-making in the formal context of hierarchical structures of 'government …”

Contributors S. 229-234

„… decisions in a process of multilevel decentralization') and 'Local administrative reform in China …”

Christof Hartmann Regional Organizations and the Promotion of Democracy in Sub-Saharan Africa S. 207-228

„… decision-making processes (Ake 1993). If we thus consider democracy as a polyarchic order (Dahl 1971), the focus …” „… relevance of institutional decisions within democratic systems of government for the stability of these …” „… policy decisions in the name of the organization was the annual meeting of the Heads of State and …”

doi.org/10.5771/9783845210193

Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro - Approaches to Procedural Law

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Loïc Cadiet (ed.), Burkhard Hess (ed.), Marta Requejo Isidro (ed.)

Approaches to Procedural Law

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 9 2017

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Hilde K. Ellingsen I. Judicial Review of Administrative Decisions in Domestic Courts – Union Law Requirements on the locus standi of Individuals S. 507-534

„… , Verholen [1991], ECLI:EU:C:1991:314, Rec. 24. I. Judicial Review of Administrative Decisions in Domestic …” „… 222/86, Heylens [1987], ECLI:EU:C:1987:442. I. Judicial Review of Administrative Decisions in Domestic …” „… . Standing to Challenge Administrative Decisions Introduction It is primarily through administrative …”

Francisco Verbic II. Access to Justice of Disadvantaged Groups and Judicial Control of Public Policies through Class Actions in Argentina S. 391-414

„… ‐ dicial review and conventionality control over statutes and administrative decisions, in particular the …” „… and constitutionality of omissions, acts and administrative decisions delivered by the other branches …” „… ‐ istrative decisions which regulate public policy issues operate in Argenti‐ na, particularly when put in …”

Remo Caponi II. Procedural Law and Global Governance: Exploring and Mapping a New Research Field S. 535-546

„… Administrative Procedures, financed by the Italian Ministry of Universities. The reserch project on “Procedural …” „… , the review of decisions (in other words: the fair trial guarantee) as well as, in recent decades, the …” „… witnessed a growth of global administrative law in response to the need for account‐ ability in global …”

Edilson Vitorelli I. Collective Due Process of Law: Reconciling Representation and Participation S. 343-390

„… in the United States from several Supreme Court decisions into what Hen‐ ry Friendly1 described in …” „… authority with competence to hear and question witnesses and to receive a written reasoned decision, based …” „… this need. Another important decision in that period is Wolff v. McDonnell4 (1974), in which the …”

Ana Isabel Blanco García III. Financial Consumer Redress by ADR and ODR. New European Approaches S. 415-440

„… ; Assistant Lecturer, Department of Administrative and Procedural Law, University of Valencia. 415 The paper’s …” „… decisions issued. 5 R. Marimón Durá, “La nueva regulación de los órganos de defensa del cliente ban‐ cario …” „… customer is not satisfied with the decision, the complaint can then escalate to the next stage. But, in any …”

Aluisio Gonçalves de Castro Mendes III. Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code S. 491-506

„… Case Procedure), used by the administrative branch of the Judiciary in a practical way in the beginning …” „… and under the statute of the administrative courts since 1991. Since 2005 this procedure has been used …” „… subsequent time delay in decisions; c) common matters are given unequal treatment due to a system that would …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Points: International, European, Domestic Procedural Law 507 Judicial Review of Administrative Decisions …” „… Formally Binding Decisions II. 477 Eduardo de Avelar Lamy Table of Contents 7 Some Remarks about Collective …”

Margaret Woo II. Comparative Law: A Plurality of Methods S. 47-64

„… ‐ ficult decisions, and provides a basis for legal unification or harmoniza‐ tion. In sum, the purposes of …” „… decision by the comparatist, these critics assert, to downplay distributional conse‐ quences in assessing …” „… and administrative law emerging and superseding private law as dominant ar‐ eas of a country’s legal …”

Index S. 547-552

„… , 455, 460, 463, 465, 467. Big data 172, 545. Binding Effect of Judicial Decisions 104, 391, 421 …” „… mechanism 318, 322 ff. Enforcement of decisions 330 f., 336 ff. Enforcement of Rights 85 f. 548 …” „… 17, 21, 43. General Impact 259, 263 f. Global administrative law 539. Globalization 24, 38, 47 …”

Anastasia L. Papadopoulou II. The Impact of the EU Financial Crisis in the Europeanization of the Greek Civil Procedural Law: A Multi-Methodological Insight to the New Greek Civil Procedure Code (2015), its Scope and Innovative Provisions S. 211-248

„… through the adoption of multiple austerity measures on financial, fiscal, administrative, judicial and …” „… with the adoption of sound and fair courts’ decisions. In that way it launched the modification …” „… ‐ cal, administrative, social, judicial and growth-enhancing structural re‐ forms20 as well as …”

Antal Berkes II. The Court of Justice of the European Union as an Institutional Model for the African Court of Justice and Human Rights S. 295-326

„… vital role in the decisions of the ACtHPR and Commission on Human and Peoples’ Rights. However, as for …” „… Legal Experts, the decision was taken to realize the merger by adopting a single legal in‐ strument to …” „… Ababa, Ethiopia, Assembly/AU/Dec.45 (III) Rev. 1, Decision on the seats of the African Union. 10 …”

Carlo Vittorio Giabardo I. Mauro Cappelletti’s Methodology in Comparative Civil Justice and the Coercive Powers of Courts as a Case Study S. 65-92

„… materially possible, ethically opportune or reasonable to do so48), to prevent that court decisions will not …” „… the landmark decisions Clark v. Price [1819] 2 Wils Ch 157 and De Francesco v. Barnun, [1890] 45 Ch D …” „… clearly stated by the European Court of Human Rights for the first time in its path-breaking decision …”

Leandro J. Giannini III. Supreme Courts: “Filters’’ and the Case Selection. Argentina’s Writ of Certiorari in a Comparative Perspective S. 249-266

„… decisions of federal courts in cases that doesn’t fulfill the re‐ quirement of coming from a court of final …” „… has 5 judges and concludes around 15,000 cases per year with inadmissibility decisions (around 73%) or …” „… decisions on the merit (around 27%). As can be seen, like other apex bodies, the Argentine Federal Supreme …”

Yuliya Barel I. The Court of the Eurasian Economic Union: Basic and Some Controversial Questions of Jurisdiction and Procedure S. 267-294

„… and decision of the latter with the Union law etc. 6 Decision of the Supreme Eurasian Economic Council …” „… Heads of the Member (II) (a) ber 2011 of the Decision of the Interstate Council nº 583. Official webpage …” „… EAEU has just been created and issued only several or‐ ders and decisions the Russian and Kazakh …”

Christoph A. Kern III. Statistical Methods in Comparative Civil Procedure – Chances and Risks Christoph A. Kern S. 121-144

„… deal with disputes from the filing of the complaint to the authoritative decision and, as the case may …” „… be, the enforcement of this decision. This regulatory framework is more or less the same for all …” „… has no effects whatsoever on the merits of the decision. However, the merits of the decision depend on …”

Luisa Enna I. The Italian Assisted Negotiation for Legal Separation and Divorce S. 173-210

„… , “La negoziazione assistita dagli avvocati: da praeambolum ad litem ad outsourcing della decisione del …” „… authorization of the public prosecutor cannot be considered as a decision. Those problems are investigated in …” „… independence a recent decision of the Italian Supreme Court (February 1st 2016 nr. 1858) has specified that the …”

Fernando Gascón Inchausti I. Comparative Perspectives in Procedural Law: Some Remarks and Proposals S. 13-46

„… court decisions 7 This idea was first –at least clearly– suggested by M. Cappelletti, “Alternative Dis …” „… function of procedure as the tool that allows a court to render the best decision to a dispute at the end …” „… at the same time, in the “parallel world” of criminal procedure, the 2001 Framework Decision24 and …”

doi.org/10.5771/9783845285122

Katalin Ligeti, Kei Hannah Brodersen - Studies on Enforcement in Multilevel Regulatory Systems

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Katalin Ligeti (ed.), Kei Hannah Brodersen (ed.)

Studies on Enforcement in Multilevel Regulatory Systems

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 24 2022

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Pier Mario Lupinu Chapter 3. Judicial consequences for the enforcement of administrative decisions in multilevel regulatory systems: The case of the Single Resolution Mechanism S. 51-72

„… Judicial consequences for the enforcement of administrative decisions in multilevel regulatory …” „… Central Bank and the Single Resolution Board.Chapter 3. Multilevel enforcement of administrative decisions …” „… enforcement of decisions of administrative authorities in the European Union, several issues might arise …”

Simona Demková Chapter 9. Enforcing remedies: the challenges of automatisation for effective oversight S. 185-210

„… Procedure (ReNEUAL SC 2014) 199.23 Hofmann, ‘Composite Decision Making Procedures in EU Administrative Law …” „… European Semi-Automated Decision-Making’ (2021) 14 Review of European Administrative Law 29..Chapter 9 …” „… effective oversight207——, ‘Composite Decision Making Procedures in EU Administrative Law’ in Herwig CH …”

Katalin Ligeti, Kei Hannah Brodersen, Panagiotis Zinonos Chapter 1. Introduction S. 7-24

„… , such as an appeal of an administrative decision) can negatively impact how enforcement occurs across …” „… addition to the quintessential (administrative) enforcement agencies (such as local building and zoning …” „… also civil, administrative, and even hybrid forms of enforcement. Finally, the manner in which …”

Dimitrios Kafteranis Chapter 2. Tower of Babel: Enforcement in the EU S. 27-50

„… , an EU legal act is based on one or two legal bases; 17 is an incredibly high number.17 The decision …” „… interest aims, it has turned into a more open process where the independent public administrative authority …” „… Public Policy’ in Richarsdon (ed), European Union: Power and Decision making (2006), 55–71.Levi-Faur (eds …”

Kelly Blount Chapter 4. Expanding traditional enforcement designs to actors across the public-private divide: the example of criminal law S. 73-96

„… , Probable Cause, and Administrative Decisionmaking' (2013) 82 Notre Dame Law Review 3.36 Ekblom, 'The …” „… administrative and civil law, and has been termed the “criminalization of social policy.”1 The legal effect of …” „… civil and criminal laws, regulations, and administrative codes, some of which may be enforced by the …”

Titelei/Inhaltsverzeichnis S. 1-6

„… the enforcement of administrative decisions in multilevel regulatory systems: The case of the Single …”

Branimir Stanimirov Chapter 8. Europeanization, Democratic Backsliding and the Post-accession (Lack of) Enforcement in the EU’s Multilevel System – The Challenge of Semi-independent Judiciaries S. 165-184

„… co-dependent relationship between politicians and magistrates in which the former get the judicial decisions …” „… primacy of EU law, which was only too well-exemplified by the 2021 events in Poland where a decision of …” „… literature – that the principle of judicial decisions’ mutual recognition goes beyond the mere applicability …”

doi.org/10.5771/9783748930365

Robert Grzeszczak - Economic Freedom and Market Regulation

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Robert Grzeszczak (ed.)

Economic Freedom and Market Regulation

Series: German and European Studies of the Willy Brandt Center at the Wroclaw University

Volume 10 2020

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Paweł Wajda Chapter 9: EU regulation as the sole substantive legal basis for the Polish Financial Supervision Authority to issue an administrative decision – an analysis on the basis of regulations under Article ... S. 209-230

„… issue an administrative decision – an analysis on the basis of regulations under Article 296(1) of …” „… Regulation 575/2013 Paweł Wajda Key words: banking law, administrative decision; legal basis; regulation of …” „… financial market, administrative decisions issued by the Polish Financial Supervision Authority (hereinafter …”

Michalina Szpyrka Chapter 5: The importance of fines in the market regulation process citing the example of the Polish telecommunications market S. 133-148

„… when exercising discretionary power. Any administrative decision must be subject to a proportionality …” „… of administrative discretion is the stage of establishing the level of the penalty, making decisions …” „… ’, Studia Iuridica, 82:263-273 Szot A. (2009),’ Control of decisions based on administrative discretion …”

Michalina Szpyrka Chapter 12: The inadequacy of regulatory actions to market problems on the example of the Polish telecommunication market S. 285-300

„… telecommunication market Michalina Szpyrka Key words: adequacy, regulatory policy, administrative decision, discre …” „… general, an administrative decision under Polish law is a unilateral and sovereign declaration of will of …” „… decisions see Wajda, Chapter IX). Administrative decisions are issued towards an entity which is not …”

Dawid Sześciło Chapter 1: The concept of independence of regulatory authorities under EU law S. 25-40

„… administrative decision-making powers to experts managing institu‐ tions insulated from political influence …” „… ). Regulation – as the adoption and enforcement of laws and undertaking administrative actions – is need‐ ed to …” „… expression ”independent administrative authority” appeared for the first time in French legal system in 1978 …”

Michał Dorociak Chapter 8: Scope of regulatory discretion in the banking union in the light of judicial review of European Central Bank’s decisions S. 187-208

„… ), C-425/08, EU:C:2009:635, para 47). Nevertheless, not all cases of administrative decision-making are …” „… decision before the Administrative Board of Review. Nevertheless, the appeal achieved no positive result as …” „… Central Bank’s decisions Michał Dorociak Key words: judicial review, banking supervision, prudential …”

Robert Grzeszczak Introduction S. 7-24

„… , administrative decisions, ju‐ dicial decisions and scientific publications. The second research method is the …” „… regulation and third parties through adoption of administrative decisions stipulating content of contracts …” „… only general nature, constitute the sole legal ba‐ sis for any administrative decision. The article …”

Tomasz Klemt Chapter 3: Methods and tools of regulating markets from a praxeological perspective S. 69-100

„… administrative decision that is immediately enforceable due to a threat to competition or social interests. In …” „… action, i.e. issuing administrative decisions, and certain formal and informal consulta‐ tions and …” „… . Administrative decisions, in particular those prohibiting something or imposing penalties, are effective in the …”

Artur Szmigielski Chapter 6: Limits of investigative and sanctioning powers of competition authorities S. 149-166

„… into account the specificities of relevant administrative decisions. However, this does not change the …” „… present a statement of objections prior to issuing a decision on the infringement of Article 101 or 102 …” „… economic freedom real in practical terms. Obstacles to economic freedom include lengthy administrative and …”

Michał Dorociak Chapter 4: Regulatory authorities’ interference in contractual relationships S. 101-132

„… Energy Law, the President of the Energy Regula‐ tory Office therefore issues an administrative decision …” „… hand, the situations where an administrative decision regulates civil law relations are, in my opinion …” „… allow regulators to issue administrative decisions re‐ placing an agreement between private law entities …”

Artur Szmigielski Chapter 2: Between economic freedom and effective regulatory enforcement S. 41-68

„… in this respect is played by regulators (administrative authorities), to whom a legislator delegates …” „… (e.g. buying, selling, making con‐ tracts). • Regulation – e.g. administrative requirements and bureau …” „… reduce the administrative burdens and other obstacles to business growth that stem from regulatory …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Financial Supervision Authority to issue an administrative decision – an analysis on the basis of …” „… decisions Chapter 8: 187 Michał Dorociak EU regulation as the sole substantive legal basis for the Polish …”

Maciej M. Sokołowski Chapter 7: Balancing energy regulation: a day-watchman approach S. 167-186

„… overruling regulators’ decisions by national governments or limiting regulators’ powers (Sokołowski, 2016 …” „… decisions on the operation of the gas and electricity infrastructure, while Member States had to evaluate …” „… system op‐ erators, licencing new power plants, fixing or approving tariffs, issuing binding decisions …”

Artur Szmigielski Chapter 11: The open-textured nature of anticompetitive practices – in the quest for reconciling legal certainty with effectiveness of EU competition law in the digital markets S. 249-284

„… or precedent and the au‐ thority (a judge) issuing the decision in the process of applying the law …” „… decision-maker to discover all relevant facts and “to assess them in terms of the purposes or social values …” „… brought against their own decisions and to enjoy the same rights as a party. The CJEU stat‐ ed that …”

Tomasz Klemt Chapter 10: Financial market – in search of optimal consumer (customer) protection S. 231-248

„… almost every public and private eco‐ nomic decision (Kennedy, 1962: 8). The currently prevailing trends …” „… because information is a condition for the con‐ sumer to make the right decision. Imbalance in terms of …” „… and repealing Decision No 1926/2006/EC, OJ L 84, 20.3.2014, p. 42–56. Chapter 10: Financial market …”

doi.org/10.5771/9783748908463

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