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In the first part, I shall debate that the immediate consequence of the directives and article 228 were the first steps taken by the court with respect to the application of a state liability. In the second part, I shall explain the context and consequences of the application of the state...
To begin, we can notice two concepts concerning the value granted to the decisions delivered by the jurisdictions of a state: indeed, states which use Common law (like the Great Britain or the United States of America), the concept of case law is preferred whereas in states...
The State's "margin of appreciation" doctrine is a fundamental component of the European Convention system of Protection of Human Rights. While human rights are not a state's private area of jurisdiction, the idea of the European Convention on Human Rights (ECHR) is that this statute differences...
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties)...
Le système juridique américain semble à première vue quelque peu curieux pour une personne issue de la tradition civiliste du droit. Il se dit être un système de common law, c'est-à-dire où le droit est celui fait par les juges (plus précisément l’on parle de case...
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then,...
What is a Contract? A contract is a legally enforceable agreement between two or more parties with mutual obligations. It’s essentially a case law subject, i.e.,interpretations are made by judges while deciding on the legal issues....
The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality. The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is against nature. For...
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
A lot of people don't recognise writing is a craft. You have to take your apprenticeship in it as in anything else. What is true for an author is true for a lawyer. Legal Research and Writing is indeed a subject one has to apprentice in, in order to be able to later practice it properly. The goal...
The Rome II Regulation on the law applicable to non-contractual obligations(hereafter referred to as “Rome II”) was adopted by the European Parliament and the Council on July 11th 2007. It was the result of a long process that started in 1967 with the preparation of the Rome...
The area of EC Competition Law has experienced major structural and substantial changes over the past two decades. The last decade of reforms of EC Competition Law is often cited as the « modernisation process » . Since competition rules always apply to a « market », this notion...
The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual...
Case 1 - Mr. Gebhard was a German lawyer: he was a member of the Stuttgart Bar as ‘independent collaborator’ and did not have any chamber there. He pursued a professional activity in Italy since 1978, initially as a collaborator in a set of chambers of lawyers practising in...
The purpose of this paper is first to understand French parenthood, namely the way to be the legal father or mother of a child. Investigating further, we will see whether the current legislation is modern enough or not, which will be our main question. Indeed, some scholars and politicians think...
To evaluate how community competition law reflects the integration process and the history of the Community in general, I shall demonstrate in a first part that community competition law was first strongly influenced by the development of the Union, then I shall explain why it is...
Since the end of the Cold War, a new phenomenon in international law has surfaced: the proliferation of international judicial bodies as a consequence of the increasing number of treaties. More than just a numeral observation, there have been changes concerning the nature and competences...
In the modern scenario, the protection of human rights has found its rightful place in international law. It has been a revolutionary reform, as it had no significant place a few decades ago. The international law applicable to armed conflicts (also called international humanitarian...
The rule of law' is a system of rule in which the relationship between the State and the individual is governed by the law, protecting the individual from arbitrary state action.The rule of law is better understood by translating it into French as 'primauté du droit'. Since...
The European Union was created in 1992 by the Maastricht treaty. It is a structure which includes the European Community and its law which is by far the most important of EU laws and deals with economic and social rights. In addition to it, other sources of law complete the...
“It cannot be contested that a person born outside marriage, is a human person, equal to one born within marriage” . In this statement, Justice Walsh points out the differential treatment between marital and non-marital children which is derived from the Irish Constitution. By letting...
According to the European Court of Justice, the ability to review the legality of Community Acts is a part of "the complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions". Following article 230(2) of...
The English conflict of laws is a body of rules whose purpose is to assist an English court to deal with cases tried before it which contain a foreign element. It consists of three main topics: (i) the jurisdiction of an English court, in the sense of its competence to hear and...
First, we will discuss whether the principle known as "the fruit of the poisonous tree? in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was "clear? according to Louis Henkin in 1968 but one cannot deny that the end...
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this...
In the field of the conflict of laws, slavery is often perceived as the most difficult question which the courts had to face. Indeed, it is hard to have an indifferent view on the issue, as it involves matters of philosophical, humanitarian, moral, political and economic considerations,...
Les observateurs extérieurs au droit des États-Unis ne le connaissent parfois que par le biais des représentations filmiques et télévisées. Ainsi, il n’est souvent pas nécessaire d’être juriste américain pour connaître le fameux droit de garder le silence qui revient à celui que...
The recognition of same-sex marriage is becoming an issue in many countries, and there are today 14 countries allowing same-sex marriage, including Netherlands, Spain, Portugal, Sweden, Norway, Belgium, Brazil, South Africa, Argentina, and 11 states of the United States. In Ireland however,...
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time’ (Graver) . This statement from the European Commission in its White Paper on Governance deals with...
