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Niteleka Jacob Nichaenzi Jaconiah - The Effects of Trademark Rights on the East African Common Market

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Niteleka Jacob Nichaenzi Jaconiah

The Effects of Trademark Rights on the East African Common Market

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 16 2012

Results in this title

Legal basis S. 45-47

„… Customs Union are identified as the main legal basis for the free movement of goods in the EAC Common …” „… Partner States. B. The Principle of free movement of goods I. Legal basis 1. The EAC Treaty (EACT …” „… mark proprietor owning a trade mark registered in Tanzania, Kenya and Uganda has some legal power not …”

General introduction S. 19-22

„… dealing with a trade-marked product and thereby affect the freedom of movement of goods which legal …” „… enshrined in the relevant EAC legal instruments, facilitates the free movement of branded goods. In this …” „… underlying the EAC common market does not have sufficient legal force to guarantee the free movement of …”

CTM application S. 146-152

„… available to a proprietor of Community trade make even where the earlier national trade mark on whose basis …” „… , any person, whether natural or legal, has a right to become a proprietor of the CTM. Such a person …” „… the European Union. 551 The determination of the question, whether a particular body is a legal …”

Revocation S. 160-162

„… 160 G. Cancellation of CTM rights Cancellation is a legal concept, according to which CTM …” „… application to the Office or on the basis of a counterclaim in infringement proceedings” on the basis of …” „… non-use or, where allegations of non-use are rebutted by the proprietor, on the basis of improper use of …”

Automatic extension of Community trade marks S. 185-187

„… for before the date of accession may be refused on the basis of absolute grounds for trade mark …” „… ., “The Legal Aspects of the Community Trade Mark” 143 (Kluwer Law International, The Hague 2001). 700 …” „… proceedings may be instituted against it on the basis of absolute and relative grounds for invalidity …”

EC as a designated territory S. 167-170

„… for declaration of invalidity are put into legal machinery in a similar manner: the CTM may be …” „… , are mentioned in the CTMR as relative grounds for CTM refusal 633 and as a basis for opposition 634 …” „… and revocation 635 of a CTM. 629 GASTINEL, E., & MILFORD, M., “The Legal Aspects of the …”

Invalidity S. 162-166

„… generic and its registration may be objected on the basis of absolute grounds described above. Another …” „… liable to mislead the public following the use made of it, and the legal import of Article 7(1) (g …” „… various legal scenarios whose proof renders a CTM absolutely invalid. Essentially, the CTM is to be …”

Opposition against CTM registration S. 152-160

„… earlier rights to challenge registration of the published CTM application on the basis of relative …” „… cannot, in most cases, pose an insurmountable 578 These are “any natural or legal person and any …” „… opposition proceedings” (cf. GASTINEL, E. & MILFORD, M., “The Legal Aspects of the Community Trade Mark …”

Modifications to the principle of co-existence S. 249-256

„… 249 II. Modifications to the principle of co-existence The legal problems associated with the …” „… “incentive” modality, it would not be necessary to take active legal action to abolish the national trade …” „… mark systems: The coexistence problem could be solved by employing legal techniques that make the EAC …”

Application of Brussels Regulation S. 187-189

„… right to prohibit the use of a CTM on the basis of an earlier national right confirms what is already …” „… for under the CTMR. The CTMR establishes a legal system devoted solely to the enforcement of CTM …” „… rights. 710 The system, however, depends so much on the various legal systems of the Member States for …”

Introduction S. 45

„… Customs Union are identified as the main legal basis for the free movement of goods in the EAC Common …” „… Partner States. B. The Principle of free movement of goods I. Legal basis 1. The EAC Treaty (EACT …”

Effects of CTM revocation and invalidity S. 166-167

„… . 628 GASTINEL, E., & MILFORD, M., “The Legal Aspects of the Community Trade Mark” 172 (Kluwer Law …” „… revocation and those for declaration of invalidity are put into legal machinery in a similar manner: the …” „… the EU, are mentioned in the CTMR as relative grounds for CTM refusal 633 and as a basis for …”

Substantive requirement – the capability to distinguish S. 81-83

„… Divisions. 241 An appeal involving a complex legal problem will normally be submitted before the enlarged …” „… historic basis for trademark protection, which is to protect broadly trademarks as indicators of origin …” „… registration to furnish OHIM with a representation of the trademark. 251 The legal significance of the …”

Table of contents S. 7-14

„… . Introduction 207 B. Legal basis for free movement of branded goods 208 I. The Treaty on the Functioning …” „… African Community 45 A. Introduction 45 B. The Principle of free movement of goods 45 I. Legal …” „… basis 45 1. The EAC Treaty (EACT) 45 2. The EAC Common Market Protocol (CMP) 46 3. The EAC …”

Absolute Grounds S. 90-111

„… registered. This prohibition reflects the historic basis for trademark protection, namely “to protect marks …” „… limitation as to signs which can serve as trademarks provides a rational basis for economic justification of …” „… should not be registered as trademarks (cf. SAT.1 [2005] 1 C.M.L.R. 57, para. AG19). In view of “legal …”

Modifications to the principle of unitary character S. 243-249

„… scenario will give rise to three legal problems. Firstly, the likelihood of trade mark confusion cannot …” „… principle of regional trade mark exhaustion 909 is applied to the national trade mark as a legal guarantee …” „… principles. It is particularly necessary to address the issue whether the legal problems associated with the …”

Preservation of earlier rights under national law S. 187

„… right to prohibit the use of a CTM on the basis of an earlier national right confirms what is already …” „… for under the CTMR. The CTMR establishes a legal system devoted solely to the enforcement of CTM …” „… rights. 710 The system, however, depends so much on the various legal systems of the Member States for …”

Seniority S. 176-182

„… claim must indicate (1) the status of earlier national trademark (i.e. the basis for a seniority right …” „… ”. a) Status of the earlier national trademark In order to form a basis for seniority claim, a …” „… . Consolidation of earlier national trademark into a CTM is not a waiver of the national rights. The legal …”

Introduction S. 207-208

„… Paranova A/S [1999] ECR I-0692, para. 72 of summary of the judgment. 208 B. Legal basis for free …” „… regard, the Chapter reinforces a legal position that the “capacity of a trade mark proprietor to oppose …”

Introduction S. 239-240

„… be capable of facilitating the free movement of goods and serve as a legal means of integrating …” „… interference by third parties on the basis of trade mark rules of the individual Partner States. These …” „… . I. The principle of unitary character The principle of unitary character is a legal technique that …”

Principles developed by the ECJ S. 209-217

„… rights, unassailable on the basis of Community law, but “left to the authority and control of the Member …” „… legislation of a Member State concerned and abstain from questioning such existence on the basis of the …” „… Community law. The same court must thus employ a legal fiction to isolate existence from exercise of …”

Community trade mark courts S. 189-200

„… enforcement, the legal maxim lex specialis derogat legi generali may be based upon to qualify application of …” „… refer to some powers entitling legal authorities, particularly courts of law, to adjudicate over …” „… , being established under the national law on one hand, and being part of the national legal system on …”

CTM registration or application as a basis for international registration S. 170-172

„… international registration. 651 II. CTM registration or application as a basis for international registration …” „… application forms a basis for international registration or he waits until the CTM is granted. OHIM will act …” „… registration is deemed to replace the national or regional registration”. 653 This legal assumption does …”

Principles of trade mark law S. 51-67

„… whether such restrictions would be justified on the basis of the principle of exhaustion – a principle …” „… this kind of registration virtually provides a trade mark proprietor with a legal power to impose some …” „… argument premised on the position that a legal monopoly associated with a trade mark only serves to …”

The principle of unitary character S. 240-241

„… follows below. I. The principle of unitary character The principle of unitary character is a legal …” „… Int. 27, 28 (1976). 241 refused on the basis of prior rights existing in only one Partner State …” „… cancellation even where the prior rights forming the basis for the invalidity proceedings are only protected …”

Conditions for Community trade mark exhaustion S. 220-227

„… consumers. 832 As the defendant’s submissions necessitated a legal interpretation of the term “putting …” „… quotation is based on the legal position which regards an act of placing the goods on the market outside …” „… goods. 834 This legal position reflects the mind of the EU legislature expressed in Articles 9 and 13 …”

Key principles relating to precedence of CTM rights S. 145-146

„… CTMR is a legal foundation of the CTM priority right, and is built on the corresponding provisions of …” „… available to a proprietor of Community trade make even where the earlier national trade mark on whose basis …”

The Treaty on the Functioning of the European Union S. 208-209

„… 208 B. Legal basis for free movement of branded goods I. The Treaty on the Functioning of the …”

Trade mark conversion S. 182-185

„… for before the date of accession may be refused on the basis of absolute grounds for trade mark …” „… ., “The Legal Aspects of the Community Trade Mark” 143 (Kluwer Law International, The Hague 2001). 700 …”

Factors vitiating exhaustion S. 227-236

„… exhaustion provided in 13(1) above can be derogated from on the basis of Article 13(2) of CTMR. 861 …” „… mark that meets the legal requirements a further commercialisation of the product will be possible in …” „… 13(1) of CTMR. Where rebranding is in issue, the rights of the parties will be determined on the basis …”

doi.org/10.5771/9783845242156

Shira Becker-Alon - The Communitarian Dimension of the European Union's Common Foreign and Security Policy

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Shira Becker-Alon

The Communitarian Dimension of the European Union's Common Foreign and Security Policy

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 83 2011

Results in this title

The legal basis S. 127-128

„… Community budget and in accordance with the Community budgetary procedure.532I. The legal basis for the …” „… financing of the CFSP in the Maastricht Treaty and its implications 1. The legal basis While negotiating the …” „… , Article 268 of the TEC (Ex Article 199 TEC) was added in order to provide the legal basis for the use of …”

Legal basis for CFSP financing S. 132-134

„… enlarge the financial basis for CFSP action.553II. The legal and institutional arrangements after the …” „… Treaty of Amsterdam and the Treaty of Nice 1. Legal basis for CFSP financing The stabilization of the …” „… the legal basis for CFSP financing. As it sets out, both administrative expenditure, which the …”

Article 301 of the TEC as a possible legal basis for export controls of dual-use goods S. 230-231

„… to be strictly interpreted.10142. Article 301 of the TEC as a possible legal basis for export …” „… analysis of Article 133 TEC as the legal basis for export control on dual-use goods, see Moestl 2004 …” „… to represent the adequate legal basis for export control of dual-use goods. Yet, a consideration that …”

The 1980 sanction against Iran and the question of using EEC instruments as legal basis for European political cooperation S. 68-70

„… to the legitimacy of the use of Article 133 of the TEC (Ex Article 113 EEC Treaty) as a legal basis …” „… do not fall within the scope of CCP, Article 133 of the TEC cannot serve as a legal basis for a …” „… thus, Article 133 of the TEC can be used to pursue political objectives.238The choice of legal basis …”

Article 133 of the TEC as a legal basis for export control of dual-use goods: the European Court of Justice (ECJ)’s approach S. 228-230

„… legal basis for export control of dual-use goods As discussed previously, export control of dual-use …” „… provisions can serve as a legal basis for their deployment. Two provisions of the TEC in particular should be …” „… legal basis for export control of dual-use goods: the European Court of Justice (ECJ)’s approach When …”

Scope of ECJ jurisdiction under the TEU S. 96-103

„… the recourse to Article 308 TEC as additional legal basis to Articles 301 and 60 TEC in a Council …” „… , anchored in Article 46(f) of the TEU, establishes legal basis for ECJ control in points of EC–CFSP …” „… the Community”.383Consequentially, the Court can review the Council’s choice of legal basis and …”

The Court of Justice of the European Union and the justiciability of the CFSP S. 265-268

„… the proper legal basis for the adoption of restrictive measures by the Union. While the EP is to be …” „… ECJ that a CFSP provision should serve as a proper legal basis for a certain Act, instead of a TEC …” „… legal basis.1145 By protecting the integrity of the competences referred to in Articles 3 to 6 of the …”

Titelei/Inhaltsverzeichnis S. 2-15

„… and Security Policy (CFSP) financing 127I. The legal basis for the financing of the CFSP in the …” „… Maastricht Treaty and its implications 1271. The legal basis 1272. The budgetary procedure under TEC 1283 …” „… institutional arrangements after the Treaty of Amsterdam and the Treaty of Nice 1321. Legal basis for CFSP …”

Can the 2006 IIA be considered to be legally binding? S. 142-146

„… considered the issue of the IIAs’ legal effects on the interinstitutional relations on a case-bycase basis …” „… effect of IIAs, should be examined. First, the legal foundation that serves as basis for the 2006 IIA …” „… of the TEU can be regarded as a legal basis for the part of the 2006 IIA concerning the financing of …”

The Treaty of Lisbon: the integration of the pillar structure? S. 246-251

„… the scope of competences (relevant to the choice of a proper legal basis for Union external action …” „… content, Dashwood concludes that the choice of legal basis in the future may be less clear cut and there …” „… the common list of objectives set out for the Union’s external action provides a legal basis for a …”

Adoption of restrictive measures by the EU against third countries S. 276-279

„… dispute amongst the institutions as to the proper legal basis for a Council regulation imposing certain …” „… content, the correct legal basis for the Regulation is Article 75 of the TFEU,1190 while in the Regulation …” „… implementing measures by the Community in the legal form of 1176 See Annex III, point 6 of the Framework …”

Economic sanctions in the EU legal framework S. 206-208

„… Article 113 EEC Treaty) on the CCP served as a legal basis for the implementation of EPC decisions adopted …” „… that the recourse to the implementation of sanctions via Article 133 TEC as the proper legal basis to …” „… 2002, p. 340. 208 III. Article 301 of the TEC: an explicit legal basis for an inter-pillar procedure …”

Economic sanctions in international law S. 204-206

„… erga omnes (Stein 1995a, p. 1139). Measures taken by the EU normally have a legal basis. The sanctions …” „… Article 113 EEC Treaty) on the CCP served as a legal basis for the implementation of EPC decisions adopted …” „… comply with international legal norms or to bring a course of action to an 889 Grounds for imposition of …”

The Community’s implied external competences S. 33-37

„… across the territory of one more Member States. However, this was in itself an insufficient legal basis …” „… provided (together with other TEC provisions) a legal basis for the Partnership and Cooperation Agreements …” „… been frequently used as a legal basis for concluding international environmental agreements.62 For …”

Summary and conclusions S. 283-298

„… procedure. Accordingly, the method of financing CFSP expenditure – having its legal basis also in the TEC …” „… practice of IIAs is about to receive for the first time a legal treaty basis could hamper the future …” „… measures against natural or legal persons. It provides an explicit Treaty basis (Article 215(2) TFEU) to …”

The principle of conferred powers S. 26-27

„… . The legal principle at the basis of the Treaty is a principle of limited competence. The Community is …” „… its basis in one of the more specific provisions of the Treaties.23 Moreover, this legal basis for the …” „… international legal personality.14 It should be stressed at this point, that it is the Community, not the …”

The double function of the Council and its legal implications S. 211-213

„… as a legal basis for the obligation for the Member States/EC Council to act in accordance with a CFSP …” „… an explicit and unique legal basis for the inter-pillar procedure of adopting sanctions by the EU,931 …” „… 211 2. The double function of the Council and its legal implications The procedure of Article 301 …”

Legal nature and justiciability of the requirement of consistency S. 88-89

„… any legal basis for the fear that through its contribution to the entire foreign policy action of the …” „… the international level grants it a stronger legal status.322A different legal basis for the …” „… Union, and through a wide interpretation of CFSP legal acts, the Community will lose its independency …”

Legal instruments and voting procedures under the CFSP S. 268-270

„… measures against natural or legal persons adopted on the basis of the CFSP/CSDP provisions. A further …” „… are all located under Title V of Part Three of the TFEU.1151IV. Legal instruments and voting …” „… within the Member States should be transformed into national law according to the legal procedure in each …”

Introduction S. 19-24

„… legal basis for police and judicial cooperation in criminal matters. For an evaluation of the external …” „… to third countries. Its trading policy and various other policies providing the basis for its …” „… the basis of public international law, rather than on the basis of the committing supranational …”

The 1982 sanctions against the Union of Soviet Socialist Republics (USSR): action within the Community after disagreement within the EPC. S. 70-71

„… instrument for extending the legal basis of EPC action”. 240 Smith 1998, pp. 319–321. 241 Nuttall 1992, p …” „… national decisions. The solution found granted each category of sanctions a different legal basis. With …” „… respective legal dimension, may add weight to European political cooperation as well as ensuring the Member …”

The content of the requirement of consistency S. 87-88

„… does it provide any legal basis for the fear that through its contribution to the entire foreign policy …” „… the international level grants it a stronger legal status.322A different legal basis for the …” „… action of the Union, and through a wide interpretation of CFSP legal acts, the Community will lose its …”

Article 308 of the TEC S. 223-224

„… 308 of the TEC was used as a legal basis supplementing Article 301 of the TEC and Article 60 of the …” „… material scope and, further, the recourse to Article 308 of the TEC as an additional legal basis is …” „… Article 308 TEC could be included in the legal basis of the contested regulation, jointly with Articles 60 …”

The conclusion of international agreements by the Union within the CFSP framework. S. 274-275

„… of CFSP finds its legal base in Article 37 of the amended TEU. Nonetheless, the general treatymaking …” „… competence of the Union provided by Article 216(1) of the TFEU, which also gives a treaty basis for the idea …” „… a natural result of the Union having been expressly granted with a legal personality (Article 47 …”

Restrictive measures against the Apartheid regime in South Africa: combination of different legal bases. S. 71-72

„… solution found granted each category of sanctions a different legal basis. With regard to the ban on the …” „… proposal. However, this was carried out without mentioning Article 133 of the TEC as the legal basis for …” „… constellation of different legal basis for the different restrictive measures against South Africa demonstrates …”

Instruments S. 55-56

„… , however, that it may have got legal personality on the basis of implied powers. …” „… Communities into a European Union, which shall also be implemented on the basis of “European Co-operation …” „… there are no legal limitations on the matters which fall within the EPC categories once the Member …”

Article 297 of the TEC S. 222-223

„… . In the early years of the EPC, this Article (Ex Article 224 EEC Treaty) served as the legal basis for …” „… as a legal basis supplementing Article 301 of the TEC and Article 60 of the TEC in the Council …” „… recourse to Article 308 of the TEC as an additional legal basis is legitimate, provided that the other …”

The principle of subsidiarity S. 27-28

„… . The legal principle at the basis of the Treaty is a principle of limited competence. The Community is …” „… its basis in one of the more specific provisions of the Treaties.23 Moreover, this legal basis for the …” „… a legal person of public law and to this effect it has the necessary legal capacity to exercise its …”

Joint Actions’ agenda and Community competences and policies S. 190-193

„… as the single legal basis of that measure.840 This stands as opposed to a case in which a certain …” „… the TEC. Accordingly, the Court further set out that “the Union cannot have recourse to a legal basis …” „… the Council on the basis of Article J.3 TEU on the European Union’s contribution to combating the …”

Evaluation of the integrated system S. 236-239

„… solely on a Community Act, to which Article 133 of the TEC serves as a legal basis. VI. The Community …” „… instrument to which Article 133 of the TEC on the CCP serves as a legal basis.1059or “knows” that the good is …” „… 1334/2000). 1059 In establishing a single legal framework for the new regime on the basis of Article 133 …”

Components of the new regime S. 239-240

„… founded solely on a Community Act, to which Article 133 of the TEC serves as a legal basis. VI. The …” „… commercial policy instrument to which Article 133 of the TEC on the CCP serves as a legal basis.1059or “knows …” „… consideration 16 to Regulation 1334/2000). 1059 In establishing a single legal framework for the new regime on …”

EPC legal nature S. 56-60

„… . 164 Gütt (2003, p. 66) suggests, however, that it may have got legal personality on the basis of …” „… 563. EPC legal nature a. International law aspects versus Community law order The SEA represented a …” „… them that the EPC was to derive its tasks.163 The EPC was not endowed with a legal personality164 and …”

Binding effect of Union agreements on the Community S. 200-201

„… legal basis, entail the risk that the Council and the Member States would also make attempts to apply …” „… 200 personality.873 And thus, even if the prevailing view should be that the EU has no legal …” „… direct legal relationship between the Member States and the contracting third party”. This is implied …”

The inter-pillar procedure S. 208-211

„… 208 III. Article 301 of the TEC: an explicit legal basis for an inter-pillar procedure Article 301 …” „… basis of Article 301 of the TEC that could not have been adopted on the basis of Article 133 of the TEC …” „… conclusive Decision is eventually accepted as a Council Regulation, a legal form that could correspond to the …”

Export control of dual-use goods in the international context S. 227-228

„… the Missile Technology Control Regime (MTCR).1005III. EC Treaty provisions as a legal basis for export …” „… restrictive trade measures, which compels the examination of which TEC provisions can serve as a legal basis …” „… falling within the legal framework of the Common Foreign and Security Policy (CFSP), by the virtue of its …”

The institutional practice resulting from the inter-pillar financing arrangement S. 129-132

„… enlarge the financial basis for CFSP action.553II. The legal and institutional arrangements after the …” „… Treaty of Amsterdam and the Treaty of Nice 1. Legal basis for CFSP financing The stabilization of the …” „… the legal basis for CFSP financing. As it sets out, both administrative expenditure, which the …”

Community law aspects of armament and defence cooperation S. 167-174

„… 167 2. Community law aspects of armament and defence cooperation a. The Community legal framework …” „… In 2003, on the basis of an invitation of the EP, the Commission issued a new Communication on …” „… markets between the Member States, they differ in scope and legal nature. The Directive, which covers the …”

The conclusion of Interinstitutional Agreements (IIAs) in the TFEU and their influence on the role of the EP within the CFSP. S. 275-276

„… TFEU provides for the first time a legal treaty basis for IIAs by explicitly authorizing the EP, the …” „… , the IIAs are not listed in Article 288 of the TFEU as one of the “legal acts of the Union”, the same …” „… 295 of the TFEU does not conclusively determine the legal quality of such agreements. It merely states …”

Article 133 of the TEC S. 219-221

„… exclusive competence of the Community. During the EPC period, this article served as the legal basis for …” „… , that it is legitimate to use Article 133 as subsidiary legal basis to Article 301 only when there is no …” „… merely as a disposable procedural provision. Consequentially, the legal security that Article 301 was …”

Article 60 of the TEC S. 218-219

„… provisions in the TEC Despite the functioning of Article 301 of the TEC as the general legal basis for the …” „… respect as they may provide a legal basis for Community Decisions on sanctions together with, or even …” „… exclusive competence of the Community. During the EPC period, this article served as the legal basis for …”

Scope of Common Positions and their reference to Community matters S. 194-197

„… generate any legal obligation on the part of the Community and its institutions, the practice of recourse …” „… encroachment on the autonomy of the Community legal order849and might result in the subordination of the …” „… example, Council Decision 1999/320/CFSP of 10 May 1999 adopted on the basis of Article 14 TEU on a …”

Article 296 of the TEC S. 221-222

„… use Article 133 as subsidiary legal basis to Article 301 only when there is no CFSP initiative, in …” „… 221 uncertainty that characterized the practice of sanctions on the basis of Article 133 prior to …” „… rough diamonds is an example of measures accepted on the basis of Article 133 of the TEC after the …”

The legal implications of Article 301 of the TEC for the Commission S. 213-216

„… 301 of the TEC, by introducing an explicit and unique legal basis for the inter-pillar procedure of …” „… Resolutions through action by the Community as being binding at the Community level.9293. The legal …” „… adopting sanctions by the EU,931 is considered to entail with it legal consequences for the Community and …”

Assessment: uniform foreign policy and “one voice” for Europe? S. 279-282

„… dispute amongst the institutions as to the proper legal basis for a Council regulation imposing certain …” „… content, the correct legal basis for the Regulation is Article 75 of the TFEU,1190 while in the Regulation …” „… on the basis of Article 215(2) of the TFEU1189 has already arisen. In an action brought by the EP …”

Article 62(2) of the TEC S. 224-225

„… that the recourse to Article 308 of the TEC to serve as additional legal basis in the case of the …” „… Article 300(2), paragraph 2 of the TEC served as a legal basis for the Council Decision made at the EC …” „… with it a new Community competence in the field of visas policy. On the basis of this competence …”

Justiciability of the imposition of sanctions by the EU and the procedure under Article 301 of the TEC S. 216-218

„… the general legal basis for the imposition of economic sanctions by the EU, other provisions of the …” „… TEC should also be considered in this respect as they may provide a legal basis for Community …” „… an action brought before it on the basis of a Commission failure to act following a CFSP Decision …”

Chemical weapons control: recourse back to national measures. S. 71

„… solution found granted each category of sanctions a different legal basis. With regard to the ban on the …” „… supplied to insurgents. The Commission then made a proposal to the Council on the basis of Article 133 of …” „… . Restrictive measures against the Apartheid regime in South Africa:248combination of different legal bases …”

The 2006 IIA between the Parliament, the Council and the Commission on Budgetary Discipline and Sound Financial Management. S. 141-142

„… of the IIAs’ legal effects on the interinstitutional relations on a case-bycase basis.598 …” „… . 142 5. Can the 2006 IIA be considered to be legally binding? a. Legal nature of IIAs Not having been …” „… mentioned as one of the Community’s legal acts under Article 249 of the TEC,594 the question arises as to …”

The European Parliament (EP) S. 263-265

„… the context of the proper legal basis for the adoption of restrictive measures by the Union. While the …” „… legal powers in many areas, when it comes to the CFSP, the same approach as that for the TCT was …” „… informed by the Council on restrictive measures taken by the Union on the basis of CFSP decision in this …”

EPC prior to the SEA S. 49-54

„… comprehensive integration concept, with the attempt to institutionalize the EPC by granting it a legal basis.142 …” „… States serving as the basis for political cooperation will be transformed to constitute a legal …” „… , would later serve as the basis for Article 30 of the 1986 Single European Act, in which EPC was finally …”

The 1960s sanctions against Rhodesia – the origin of the “Rhodesia doctrine” S. 66-68

„… was expressly acknowledged.227 Later, on the basis of the provisions of the SEA, the Presidency was …” „… under national law on the basis of Article 297 of the TEC (Ex Article 224 EEC Treaty), which allows …” „… Member States chose to carry out their obligations individually, using national measures, on the basis of …”

The 1997 IIA between the Parliament, the Council and the Commission on the financing of the CFSP S. 136-139

„… actions not falling within its fields of competences and objectives, providing the legal basis required …” „… Article 301 of the TEC, to explicitly convey legal effects of decisions made within the framework of the …” „… be consulted by the Presidency on a yearly basis regarding the main aspects and basic choices of the …”

EU agreements: a new field of dualism in the EU’s external relations S. 201-203

„… perceived as an exclusive one.881 Such agreements, concluded on an inter-pillar legal basis, entail the risk …” „… may bring about a new type of mixed agreements, concluded on the basis of Article 300 of the TEC in …” „… , p. 343) regards the ability to conclude international legal agreements as condition sine qua non for …”

Financing of the CFSP and the CSDP S. 272-274

„… a joint text on the basis of the positions of the EP and the Council. The Commission shall also take …” „… the basis of the EP amendment, the European law establishing the budget shall be deemed to be …” „… legal base in Article 37 of the amended TEU. Nonetheless, the general treatymaking competence of the …”

Involvement of the EC in the ESDP S. 156-167

„… side by side with CFSP/ESDP competences in this area, which raises questions of the proper legal basis …” „… TEU.680 After the EP (and the Netherlands) took legal steps before the ECJ against the SG/HR’s …” „… legal person residing or having its registered office in a Member State the right of access to documents …”

Scope of EPC S. 54-55

„… first time with a contractual legal base, contained the provisions according to which the “European …” „… text not been brought within the ambit of a legal instrument shared with the Communities, the way …” „… implemented on the basis of “European Co-operation among the Signatory States in the sphere of foreign policy …”

The assistance to the countries of Central and Eastern Europe after the collapse of Communism: the shift to financial and economic diplomacy. S. 72-73

„… the legal basis for the Regulation, as originally proposed by the Commission. The discussion in the …” „… consensus was mentioned once again. This constellation of different legal basis for the different …”

Community measures implementing Joint Actions S. 193-194

„… contested decision on the basis of Title V of the EU Treaty, even thought it also falls within the …” „… support.848Although Joint Actions do not necessarily generate any legal obligation on the part of the …” „… implementing Joint Actions entails with it an actual encroachment on the autonomy of the Community legal order …”

Exclusive external competences S. 37-41

„… basis for widening the scope of Community powers beyond the general framework created by the provisions …” „… third countries affecting the whole sphere of application of the Community legal system”.67O’keeffe …” „… Community legal order. His reasoning was that it would be absurd if the prohibition on the adoption of 63 …”

Is there a Community obligation to finance the CFSP actions? S. 134-136

„… falling within its fields of competences and objectives, providing the legal basis required for the …” „… through the Community budget.561 However, it is only the legal acts in the budgetary procedure that …” „… to confer a legal obligation on the Community to finance the CFSP is the requirement of consistency …”

Scope of the European Courts’ jurisdiction under the Treaties establishing the European Communities S. 95-96

„… 226 and 227 TEC) conduct their activities and apply their legal competences in a manner that …” „… catalogue” and is coupled with their activities on an international law basis.367 Nevertheless, the CFSP …” „… the legislative quality that the TEC legal instruments have369 – the level of obligation imposed upon …”

The Community’s express external competences S. 28-33

„… of the development by the ECJ of the implied powers doctrine, on the basis of which further Community …” „… respect for human rights shall form, among other principles, the basis of the domestic and external …” „… treaty-making competences on the basis of implied Community powers.41 The Community possesses explicit …”

Involvement of the Community in initiating Joint Actions S. 187-189

„… Strategies are to be regarded in future as an instrument serving as a basis for the launch of new policies. d …” „… 14(4) TEU)825. When considering the possible legal effects of such a request by the Council, is …” „… thus, the Council can not confer a direct legal obligation on the Commission, one that goes beyond its …”

The Commission S. 118-124

„… ” – as the legal basis for the abundant communitarian initiatives that the Commission launches …” „… (at least in certain contexts) more political, rather than legal, in nature.501 Further, the …” „… contribute in a way that stands in contradiction to the legal situation to support a proposal that would …”

The role of different institutions and bodies within the EPC framework S. 60-66

„… formal legal basis for this association was later established by the SEA, which stated that the …” „… structure on a regular basis. With its main role supporting the Presidency in the preparation and …” „… legal order,208 the need for coordination between these two frameworks of activities was soon …”

Bibliography S. 299-312

„… Internal Market Unlimited: Some Observations on the Legal Basis of Community Legislation. Common Market Law …” „… : Heukels T, Blokker N, Brus M (eds). The European Union after Amsterdam – A Legal Analysis. Kluwer Law …” „… : Heukels T, Blokker N, Brus M (eds). The European Union after Amsterdam – A Legal Analysis. Kluwer Law …”

The Treaty of Lisbon S. 46-47

„… set out in Demirel, which state that mixed agreements have the same status in the Community legal …” „… some of the issues that gave rise over the years to legal disputes, as well as to clarify the relations …” „… TFEU gives a treaty basis for the idea of implied powers, affirming the power of the Union to conclude …”

The budgetary procedure under TEC S. 128-129

„… legal basis for the use of the Community budget for administrative and operational expenditure related …” „… communitarian legal framework, Article 268 of the TEC (Ex Article 199 TEC) was added in order to provide the …”

Legal nature of the ESDP S. 151-152

„… 2 and 17(3) TEU).V. Legal nature of the ESDP Being a part of the CFSP, the ESDP should be …” „… As much as this legal situation entails efficiency problems for the dynamic development of the ESDP …” „… conceivable basis for the adoption of decisions to employ the future European crisis reaction forces.642In …”

Financing European operations having military or defence implications (OMDIs) under the ESDP S. 174-178

„… product (GNP) scale, or on a different basis, as decided unanimously by the Council. OMDIs can be …” „… defence to the core of national sovereignty.758a. Legal framework for financing ESDP operations i. Article …” „… principle of “costs lie where they fall”, “common costs” will be charged on the basis of the GNP scale …”

The cross-pillar scope of the Common Strategies S. 180-182

„… PCA was the “legal basis” for the relationship between the EU and the Ukraine (Part I, Article 7 of …” „… Eastern European and Central Asian countries, among them Russia and Ukraine, were formalized on the basis …” „… the basis of Common Strategies shall be adopted by the Council by qualified majority (Article 23(2 …”

Provisions in Community law, authorizing Member States’ unilateral actions regarding export control of dual-use goods S. 231-233

„… can be said to represent the adequate legal basis for export control of dual-use goods. Yet, a …” „… ECJ will examine the legitimacy of a Member State’s unilateral action on the basis of Articles 296 and …” „… products on the basis of Article 113 of the EEC Treaty (current Article 133 TEC).10311027 For approaches …”

Shared external competences S. 41-46

„… case of the GATS and the TRIPs, the Community’s exclusive competence cannot be established on the basis …” „… legal principle of the duty of cooperation.93Already in its ruling 1/78 regarding the Euratom Convention …” „… out in Demirel, which state that mixed agreements have the same status in the Community legal order as …”

Binding effect of Common Positions on the Community and its institutions S. 197-198

„… specified by the Common Positions. On the basis of the principles of consistency and the immunity of the …” „… acquis communautaire, as well as on the basis of Article 1 of the TEU, according to which the Communities …” „… Positions adopted by the Council cannot confer a direct legal obligation on the Community to adhere to their …”

Implementing measures and voting procedure S. 182-183

„… unanimously. However, Joint Actions, Common Positions or any other decision made on the basis of Common …” „… accepted on the basis of these Common Strategies shall be adopted by the Council by QMV. 183 be deployed …” „… 2002a, p. 54. See discussion on the legal implications of the requirement to preserve the acquis …”

Introduction S. 226-227

„… on the basis of Article J.3 TEU concerning the control of exports of dual-use goods (OJ L 367/8, 31 …” „… legal framework of the Common Foreign and Security Policy (CFSP), by the virtue of its political …” „… , see Govaere & Eeckhout (1992, pp. 941–942). 1002 Nevertheless, its list still serves as basis for …”

Scope of CFSP S. 79-81

„… intergovernmental character of the CFSP and define its institutional and legal machinery accordingly (Smit & Herzog …” „… Community framework, is characterized by decisions being made on the basis of qualified majority vote (QMV …” „… or making any other decision on the basis of a Common Strategy. The same applies to the adoption of …”

Article 300(2), paragraph 2 of the TEC S. 225

„… Article 300(2), paragraph 2 of the TEC served as a legal basis for the Council Decision made at the EC …”

The Council S. 108-115

„… ); making decisions necessary for defining and implementing the CFSP on the basis of the general guidelines …” „… formally) a legal personality, the Presidency represents much more the Member States, rather than the EU …” „… years.445 Further, while under the First Pillar it can mainly intervene in cases of legal or procedural …”

The European Council S. 152-153

„… one that the CFSP represents.640 As much as this legal situation entails efficiency problems for the …” „… which is the only conceivable basis for the adoption of decisions to employ the future European crisis …”

Emergence of the ESDP S. 147-150

„… not cast any further legal obligation on the Member States to refrain from harming the common market …” „… basis for the 1999 Cologne European Council Declaration on Strengthening the Common European Policy on …” „… on the basis of Article 17.634 Another distinction is that, formally, there is no possibility of …”

The ESDP as a component of the CFSP S. 150-151

„… establish enhanced cooperation on the basis of Article 17.634 Another distinction is that, formally, there …” „… 2 and 17(3) TEU).V. Legal nature of the ESDP Being a part of the CFSP, the ESDP should be …”

The European Commission S. 260-263

„… ). In addition, “[U[nion legislative acts may only be adopted on the basis of a Commission proposal …” „… , except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission …” „… legal powers in many areas, when it comes to the CFSP, the same approach as that for the TCT was …”

Introduction S. 48-49

„… process of decision-making on the basis of consensus (and in practice, unanimous vote as opposed to the …” „… system of principally qualified majority voting (QMV) under the Community legal order) and a pragmatic …”

The establishment of a cross-pillar system S. 234-236

„… the Joint Action adopted by the Council on the basis of Article J.3 TEU concerning the control of …” „… inter-pillar approach was adopted, these two legal frameworks essentially differed from each other. Under …”

Evaluation of the Community regime of export controls of dual-use items and technology S. 241-243

„… single legal instrument, ensuring that all Member States carry out controls at the same time on the same …” „… majority decision, on the basis of the Community competence according to Article 133 of the TEC.1069 …”

Secretary-General of the Council and the High Representative for the CFSP (SG/HR) S. 115-118

„… several TEC provisions,492 serving – together with the ECJ doctrine of “implied powers” – as the legal …” „… basis for the abundant communitarian initiatives that the Commission launches, implements and influences …”

Evaluation of Common Strategies as a cross-pillar instrument S. 183-187

„… useful in avoiding duplications. 802 Weidel 2002a, p. 54. See discussion on the legal implications of …” „… as a basis for the launch of new policies. d. Justiciability of Common Strategies In accordance with …”

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Martin Böse, Frank Meyer, Anne Schneider - Conflicts of Jurisdiction in Criminal Matters in the European Union

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Martin Böse, Frank Meyer, Anne Schneider

Conflicts of Jurisdiction in Criminal Matters in the European Union

2014

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The legal basis (Art. 82 TFEU) (Böse) S. 367-380

„… 367 Chapter 9: The legal basis (Art. 82 TFEU) Martin Böse According to the principle of conferral …” „… legal basis will not only determine the potential content of the measures (substantive and/or procedural …” „… The legal basis for measures to prevent and settle conflicts of jurisdiction (Art. 82 para. 1 subpara …”

Fundamental Rights of the EU-Charter (Böse) S. 107-168

„… provide for a clear and precise legal basis. In this regard, jurisdictional rules have to meet the same …” „… , considered customary international law as a sufficient legal basis for prosecuting and sentencing war crimes …” „… that in each criminal justice system, derivative jurisdiction rests upon a proper legal basis.438 …”

Fundamental freedoms of the Union (Böse) S. 43-106

„… of victims of crime”) hinders the interpretation that the legal basis also covers the establishment …” „… the legal basis, see infra Böse, pp. 367. 115 According to Zuleeg, in: von der Groeben/Schwarze (eds …” „… principle of passive personality provides a basis for states to establish extraterritorial jurisdiction over …”

Introduction (Böse/Meyer/Schneider) S. 21-42

„… legal basis and the appropriate instrument (directive, regulation) will also be discussed. B …” „… the weaknesses and pitfalls of the current legal framework, the comparative analysis will be …” „… jurisdiction in criminal matters. Whereas the legal framework of conflicts of jurisdiction in criminal matters …”

The basic approach to jurisdiction in private and criminal law (Schneider) S. 217-266

„… provide a legal basis for proceedings that violated human rights.853 However, EU Member States have common …” „… rules are lacking for criminal and public matters, the states have no legal basis for applying foreign …” „… , although nulla poena sine lege does not apply to adjudication, it needs a legal basis to be legitimate. The …”

Models and instruments for solving conflicts of jurisdiction (Böse) S. 335-366

„… European Public Prosecutor The Treaty of Lisbon has created a legal basis for establishing a European …” „… cooperation in criminal matters was given a legal basis for common action “preventing conflicts of …” „… can build upon the existing legal framework. Since this project focusses on conflicts of jurisdiction …”

Model Rules and Explanation (Böse/Meyer/Schneider) S. 381-438

„… defendant on alternative facts (Wahlfeststellung),1615 provided this legal concept is recognised in the …” „… should be noted that the application of foreign criminal law is a form of legal assistance in these cases …” „… criminalsanctioning norm. This means, for example, that the legal standards for negligence and omission are in …”

An Area of Freedom, Security and Justice (Meyer) S. 169-216

„… constituted with respect for fundamental rights and the different legal systems and traditions of the Member …” „… nature or impact of such offences or from a special need to combat them on a common basis. Even when …” „… the commission proposal identifies binding legal criteria for a decentralised assignment of …”

Analysis of connecting factors (Schneider) S. 267-306

„… . Because civil jurisdiction can differ from legal area to legal area, this paper will, where necessary …” „… internet cases. On the basis of the lack of foreseeability, the ECJ rejected approaches referring to the …” „… criminal jurisdiction is thus broken when severe legal rights would otherwise be infringed. 5. Prorogation …”

Titelei/Inhaltsverzeichnis S. 1-20

„… . 55 CISA with Art. 50 CFR 137 1. The requirement of a legal basis 137 2. The principle of …” „… 310 1. Blanket clauses 310 2. Legal standards 313 3. Normative elements and preliminary questions 314 C …” „… . Relevance of foreign law 318 I. Blanket clauses 319 II. Legal standards 319 III. Normative elements and …”

The relevance of foreign law for interpreting criminal law (Schneider) S. 307-334

„… generally rejected de lege lata, the majority of legal scholars accept foreign law when interpreting …” „… elements are considered open for interpretation under foreign law by legal scholars. I. Areas in the …” „… normative elements, i.e., elements that are dependent on legal rules.1223 Examples of such elements are …”

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Anne Holper, Lars Kirchhoff - Peace Mediation in Germany’s Foreign Policy

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Anne Holper (ed.), Lars Kirchhoff (ed.)

Peace Mediation in Germany’s Foreign Policy

Series: Interdisziplinäre Studien zu Mediation und Konfliktmanagement

Volume 7 2021

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Lars Kirchhoff, Anne Holper, Felix Würkert The Normative Framework and the International Legal Basis of Peace Mediation S. 137-166

„… The Normative Framework and the International Legal Basis of Peace Mediation Lars Kirchhoff & Anne …” „… Holper & Felix Würkert 137 The normative framework and the international legal basis of peace …” „… governing the third party’s specific political mandate and, of course, national and international legal …”

Sebastian Dworack, Christoph Lüttmann, Brigitta von Messling, Luxshi Vimalarajah Basics of Mediation: Concepts and Definitions S. 97-110

„… further details see Fact Sheet “The normative framework and the international legal basis of peace …” „… situation in both the short and medium term. The reformed constitution, adopted in 2010, served as the basis …” „… , methodological, thematic, strategic, psychological or legal advice and collaboration, dovetailing of key …”

Part II: The Fact Sheet Series “Peace Mediation and Peace Mediation Support” – Methodological Professionalization S. 93-96

„… Holper and Dirk Splinter) • The Normative Framework and the International Legal Basis of Peace Mediation …” „… primary target group, who above all need a quick and clear orientation as a basis for their practical work …”

Anne Holper, Lars Kirchhoff Part III: Peace Mediation as a Balancing Act Between Methodology, Power and Politics S. 191-220

„… section: We are commenting on the basis of a genuinely transfer-oriented understanding of science, which …” „… political practice in Germany. The political basis on which the current professionalization and …” „… establishment of peace mediation or to translate the conceptual basis into administrative procedures and …”

Titelei/Inhaltsverzeichnis S. 1-24

„… & Dirk Splinter The Normative Framework and the International Legal Basis of Peace Mediation 137 Lars …” „… complex, not only analytically and practically but also politically as well as in legal and ethical terms …” „… Deutschland (IMSD). These were assembled in recent years on the basis of an intensive process of exchange and …”

Part I: The Formation of a German Mediation Profile – Guidelines, Processes, Networks S. 25-92

„… used foreign-policy tools, with the government’s policies and with the legal and constitutional basis …” „… acknowledges that the decision to use mediation is shaped, on a case-by-case basis, by “our own interests …” „… accept low or asymmetrical levels of consent from the conflict parties as a basis for proceeding. The …”

Lars Kirchhoff, Dirk Splinter Methodology and Communication Tools in Peace Mediation S. 167-190

„… the International Legal Basis for Peace Mediation. 8 Cf. e.g. Watzlawick, Paul; Beavin Bavelas, Janet …” „… practice? Interests What is important to the conflict party?/ What is the basis of this position? Fig. 2 …” „… implemented in order to form a basis for evaluating solution options. Those that are formulated very generally …”

doi.org/10.5771/9783748926160

Kirsten Lampe - Human Rights in the Context of EU Foreign Policy and Enlargement

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Kirsten Lampe

Human Rights in the Context of EU Foreign Policy and Enlargement

Series: Nomos Universitätsschriften - Recht

Volume 488 2007

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The Legal Basis for Human Rights Under the Treaties S. 103-105

„… thereasons behind it, it is necessary to briefly outline the legal basis for human rightsin CFSP. 3.1 The …” „… Legal Basis for Human Rights Under the TreatiesDuring the greatest part of European Political …” „… 1987 it was given a weak legal basis in its Preamble:4 The lack of unity was manifested when Tony Blair …”

The Role of the Charter of Fundamental Rights of the European Union S. 73-77

„… , an act adopted by theCouncil on the basis of Article K.3 (2)(b) of the Treaty on European Union …” „… measures at Community level are necessary; they aretaken on the basis of Articles 60 and 301 TEC.121 The …” „… protection was accorded ona case-by-case basis and inevitably became very complex and fragmented …”

The Progression of CFSP in the EU S. 101-103

„… in 1999 and then examineswhat legal basis, mechanisms and instruments the European Union has at its …” „… thereasons behind it, it is necessary to briefly outline the legal basis for human rightsin CFSP. 3.1 The …” „… Legal Basis for Human Rights Under the TreatiesDuring the greatest part of European Political …”

Institutions for the Protection of Minorities S. 203-204

„… they ‘shall receive resident permits on the basis of a personal application’. This concession regarding …” „… residence permit for retired military personnelcould be given on the basis of § 12 (5) of the Law of Aliens …” „… MinoritiesOn 1st June 1999 the office of the Legal Chancellor was established, to receivecomplaints from …”

Methodology S. 34-38

„… Europe, the Chapter not only assesses the Treaties and legal basis underlying the establishment of the …” „… Treaty of Maastricht in 1992. Chapter III assesses the legal basis and theavailable instruments for human …” „… EU-Charter on Fundamental Rights35of 2000 and the Constitutional Convention of 2003. Apart from the legal …”

Constitutional and Statutory Provisions S. 198-203

„… residence from two years to five years on the basis ofa permanent residence permit (Article 6). However …” „… desire to obtain or at least approximateethnic purity, […] not consideration of legal consistency that …” „… receive resident permits on the basis of a personal application’. This concession regarding residence …”

CFSP – Current Practice S. 106-111

„… .3.3.1 Economic Sanctions Economic Sanctions have been taken several times on the basis of Article 12 …” „… Common Position defined on the basis of Article J.2 of the Treaty on European Union and concerning the …” „… Decision of 15 March 1994 on the Common Position defined on the basis of ArticleJ.2 of the Treaty on …”

The Single European Act S. 50-52

„… same right, might lead to legal uncertainty when a caseis tried before the ECJ and the parties want to …” „… that Member States ‘…are determined to work together topromote democracy on the basis of the …” „… freedom, equality and social justice’. These declarations wereprimarily symbolic, although in legal terms …”

Reflections on Future Scenarios S. 242-245

„… introduction of Council Directive 2000/43/EC of 29 June 2000 on the basis of Article 13 TEC, which required the …” „… currently only remains a political declaration without any binding legal effect and the draft Constitution …” „… of criteria on the basis of which discrimination is forbidden and therefore includes ‘national …”

Bibliography S. 249-263

„… et al. (ed.), Reforming the Treaty on European Union-the Legal Debate (The Hague: Kluwer Law …” „… basis of Article J.3 of the Treaty on European Union on the inaugural conference onthe stability pact …” „… the basis ofArticle J.2 of the Treaty on European Union concerning the imposition of an embargoon arms …”

The Relationship Between the ECJ and the ECtHR and Between the European Convention on Human Rights and the EU Charter on Fundamental Rights S. 80-83

„… Court of Justice and the Court of First Instance can be made on the basis of aright of initiative shared …” „… represents a basis on which the130 Such as e.g. the right to education (Article 14), freedom to choose an …” „… application of ECHR-law as a direct source of the fundamental rights protected within the Community legal …”

Reasons for the Current Double-Standards Policy S. 189-193

„… of legal assistance, mainly through training programmes, the identificationof national mediation …” „… positive achievements, the lack of strictly legal guaranteesof minority protection renders minority …” „… is Directive 2000/43/EC whichprovides for the prevention of discrimination on the basis of race or …”

The Convention on the Elimination of All Forms of Racial Discrimination. S. 179-182

„… particular the right to participate in elections-to vote and to stand for election-on the basis of universal …” „… temporary but require permanent regulations granting minorities a different legal status with regard to …” „… not include separate legal status for certain groups,158 whereas a regime for minority rights, i.e.the …”

Minority Protection Under the TEU and TEC Provisions S. 156-164

„… reference for the protection of human rightswithin the EU’s legal order. By committing itself to the ECHR in …” „… the context ofits internal legal order, the Union requires its institutions to respect …” „… of employment.97 In addition, on the basis of Article13 TEC the Council adopted the Directive 2000/43 …”

The European Framework Convention for the Protection of National Minorities of 1995 S. 169-172

„… and without referring explicitly tothe minority as such. Although the Court decided on the basis of …” „… National Minorities (FCNM),drawn up within the Council of Europe in 1994, adopts a minimum legal standardof …” „… asserted against the states in their internal legal system, nor is there any international jurisdiction to …”

The Role of the Main Political Bodies S. 182-185

„… 182is the rectification of past discrimination, affirmative action does not include separate legal …” „… forthcoming in givingspecific suggestions on what legal and practical measures states should take tofulfil …” „… manifested in nonbinding but standard-setting instruments, which have inspired and served as a basis for the …”

Community Law and Legislative Initiatives Concerning Minorities S. 146-151

„… of minorities. At its meeting of 20 December 1989, theEuropean Parliament Committee on Legal Affairs …” „… cultureand must therefore have the necessary legal means to protect and promote them’. Other provisions were …” „… diversity on the basis of Articles14972 and 151 TEC73 which opened a range of possibilities regarding the …”

EU Minority Policy with Regard to the Central Eastern European Countries S. 151-156

„… 22 June 1993 in Copenhagen as a main thrust of the CommonForeign and Security Policy formed the basis …” „… concerning the joint action adopted by theCouncil on the basis of Article J.3 of the Treaty on European Union …” „… 1992,Chapter 3.84 Common Position of 17 May 1999 adopted by the Council on the basis of Article 15 …”

Summary and Observations S. 237-242

„… legal, political and economic structuresof the European Union and were applied within and beyond the …” „… August 1991 to provide a legal view on the dissolution of Yugoslavia. Its emphasis on the rights of …” „… non-discrimination, in particular the Anti-Discrimination Directive 2000/43/EC on the basis of Article 13 TEC …”

Culture and the Media S. 231-232

„… held on a reciprocal basis(children of Slovene nationality in Skopje are taught the Slovene language …” „… shall conduct business, handle procedures and issue legal andother acts both in the Slovene language and …” „… Article64).The self-governing national communities are defined by law as public legal persons,86 founded …”

The Treaty of Maastricht S. 52-63

„… legal order. Fromthe last part of the sentence of Article F (2) it appears that the provisions of …” „… anycompliance with Article F TEU. The Court itself has drawn attention to the factthat legal problems may arise …” „… Council on the basis of Article J.3 of the Treaty on EuropeanUnion on the Great Lakes Region, 96/669/CFSP …”

Security Aspects with Regard to Minorities S. 127-132

„… various EU-sponsored programmes,non-binding legal instruments (political declarations and commitments …” „… discrimination on the basis of ethnicity,the current standard of minority protection does not provide for …” „… , the significance of this system of minority protection under the Leagueof Nations, which is the basis …”

Can Human Rights Be Seen as a ‘Larger Overall Value’ that the Union Proclaims to Uphold? S. 105-106

„… have become an object of international legal standards. In particular the post-Cold War environment was …” „… Sanctions have been taken several times on the basis of Article 12 TEUin combination with Article 300 TEC …” „… the basis of Article J.2 of the Treaty on European Union and concerning the reduction of economic …”

The Copenhagen Criteria S. 122-125

„… rights by European States that have appliedto join the Union has become a legal condition of that …” „… European Council took the decision, on the basis of the Commission’s opinion that the57 See supra note 43 …” „… states, which are the basis of the Union’s relations with the CEEC applicants. Theseagreements recognise …”

The Treaties of Rome and Paris S. 40-50

„… provisions. It was the Court’s jurisprudence that made it possible forhuman rights to enter into the legal …” „… discussions in German legal circles about the relationship between Community law and national constitutional …” „… the constitutions of the MemberStates are also an integral part of the Community legal order …”

Protection Under Article 14 ECHR S. 164-167

„… basis of substantive provisions of the ECHR. This approach of not examining a violation of Article 14 …” „… free-standing right, therebymaking it easier to invoke the non-discrimination principle on the basis of Article …” „… . Eventually the case was dismissed because the applicants had not exhausted all domestic legal remedies. Also …”

The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities S. 173-179

„… Indian Act, the legal right to reside on an Indian reserve because she had married a non-Indian,whom she …” „… Minorities’,147 which required the UN 14 years of preparation. TheDeclaration is formulated on the basis of …” „… recognition of collective rights.148 However, the Declaration is not a legal instrument and has no binding …”

What Role Human Rights Played So Far in CFSP and How Effectively Has CFSP Been Used? S. 111-115

„… instrument of the Union, despite its legal basis in the TEU. The question when and if joint action in the …” „… legal provisions.Member States expressed on the one hand their strong political will to augmentthe …”

Initial Difficulties and Their Resolution: 1975 to 1989 S. 87-90

„… group. The provision in paragraph 7 of Principle VII ‘gave those civil rightsgroups the basis to …” „… the Madrid Meeting 1980 ofthe representatives of the participating States, held on the basis of the …” „… regulations, as well as their legal policies in such a way as to guarantee the effective exercise of human …”

Protection Under Other ECHR Provisions S. 167-169

„… the positive right to assert minority-relatedrights, this provision is too weak to serve as a basis …” „… basis of the individualhuman right in question (Articles 10, 11 ECHR), it provided effective …” „… National Minorities (FCNM),drawn up within the Council of Europe in 1994, adopts a minimum legal standardof …”

Introduction S. 101

„… in 1999 and then examineswhat legal basis, mechanisms and instruments the European Union has at its …”

Introduction S. 126-127

„… National Minorities (FCNM),4 the various EU-sponsored programmes,non-binding legal instruments (political …” „… , including the prohibition of discrimination on the basis of ethnicity,the current standard of minority …”

Language Rights S. 221-222

„… basis of which it providesfunds for selected projects. For the assessment system for projects for the …” „… radio is under the legal obligation to contribute to the culture ofthe national minorities living in …”

Culture and Media S. 222-223

„… MediaThe Ministry of Culture uses a system of grants, on the basis of which it providesfunds for selected …” „… non-periodical press and the organisation of culturalactivities. Slovak national radio is under the legal …”

Language Rights S. 230-231

„… Macedonian language are held on a reciprocal basis(children of Slovene nationality in Skopje are taught the …” „… areas theadministration shall conduct business, handle procedures and issue legal andother acts both in …”

Council of Europe Instruments S. 31-32

„… protect human rights through the legal and institutional structure of the ECHR. After 1989 the CoE became …” „… provided someprotection, containing a prohibition of discrimination on the basis of ‘associationwith a …”

Education S. 212-213

„… minorities may besupplemented by the elements of ethnic culture.On the basis of these provisions a very …” „… protection, control and legal responsibility for non-compliance with the provisions of the Law.The 1991 Law …”

Culture and Media S. 213-214

„… its protection, control and legal responsibility for non-compliance with the provisions of the Law.The …” „… background abroad; to berepresented in government bodies at all levels on the basis of universal, equal, and …”

The Situation of the Roma S. 216-217

„… , he/shedoes not monitor the frequency of discrimination on the basis of ethnicity or minority rightsper se …” „… andEstonia’s Legal Chancellor and Ombudsman), which deal with minority culturalaffairs, have been established …”

Participation in Public Affairs S. 232-234

„… communities are defined by law as public legal persons,86 founded by members of the Italian and Hungarian …” „… itself on the basis of its special interests, and at the same time preserve its capacity to assert its …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Human Rights as a Principle of its Foreign Policy and How Was it Put into Practice? 1033.1 The Legal …” „… Basis for Human Rights Under the Treaties 1033.2 Can Human Rights Be Seen as a ‘Larger Overall Value …”

The Concept of Non-Discrimination S. 29-31

„… ) was initially set up to protect human rights through the legal and institutional structure of the ECHR …” „… , only Article 14 ECHR provided someprotection, containing a prohibition of discrimination on the basis …”

Non-legally Binding Instruments S. 32-34

„… human rights policy in Europe, the Chapter not only assesses the Treaties and legal basis underlying the …”

The Treaty of Amsterdam S. 63-73

„… basis of Article 13, implementing the principle of equal treatment between persons irrespective of …” „… have arisen under Justice and Home Affairs (third pillar)called for greater accountability and legal …” „… Member States. The Union, working with both governments and civil society on the basis of partnership and …”

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