Expanding Edges of Today's Administrative Law

Expanding Edges of Today's Administrative Law
Author: Jeton Shasivari
Publisher: ADJURIS – International Academic Publisher
Total Pages: 237
Release: 2021-08-20
Genre: Law
ISBN: 6069497899

This volume contains the scientific papers presented at the 4th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 21 May 2021 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: Regulatory trends in terms of administrative law today, International practices and policies, National practices and policies. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

Banking Law in the 21st Century

Banking Law in the 21st Century
Author: Ianfred Silberstein
Publisher: ADJURIS – International Academic Publisher
Total Pages: 204
Release: 2021-07-22
Genre: Law
ISBN: 6069497880

This volume includes some of the scientific papers submitted at the 14th historical edition of the International Conference "Contemporary Approaches in Banking and Financial Law" that was held on 15 April, 2021 online on Zoom. The conference is organized every year by the European Association of Banking and Financial Law-Romania together with the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: www.bankingandfinanciallaw.adjuris.ro. The scientific studies included in this volume are grouped into edi-tor's note with presentation of keynote speakers panel remarks and two chapters: Exercise of banking activity, operations and contracts and Activity, organization and functioning of credit institutions. Finan-cial law topics. This volume is aimed at practitioners, researchers, students and PhD candidates in banking law, who are interested in recent developments and prospects for development in this field at international and national level.

Canadiana

Canadiana
Author:
Publisher:
Total Pages: 1962
Release: 1988-05
Genre: Canada
ISBN:

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection
Author: Clelia Lacchi
Publisher: Éditions Larcier
Total Pages: 278
Release: 2020-09-09
Genre: Law
ISBN: 2807925421

The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

Legitimate expectations in Luxembourg tax law

Legitimate expectations in Luxembourg tax law
Author: Fatima Chaouche
Publisher: Éditions Larcier
Total Pages: 489
Release: 2019-06-25
Genre: Law
ISBN: 280791666X

This book is the result of a 4-year research project conducted at the Faculty of Law of the University of Luxembourg. It explores the legal value and enforceability of tax circulars and tax rulings in Luxembourg domestic law in light of the principle of legitimate expectations and related principles. After studying the historical roots of both interpretative acts, this research questions the level of protection taxpayers enjoy when relying on circulars and tax rulings and contains a review of decades of administrative case-law to assess the judicial discourse on taxpayers’ rights to certainty. This book further investigates the case of circulars and tax rulings that contain interpretations of tax laws that are contrary to the law (contra legem) and builds upon the existing normative framework to introduce proposals addressing issues of uncertainty and inequality taxpayers are likely to suffer when relying on such interpretative acts. Prix Pierre Pescatore de la Faculté de Droit de Luxembourg (École doctorale de droit).

Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings
Author: Dobrochna Bach-Golecka
Publisher: Springer Nature
Total Pages: 458
Release: 2021-05-16
Genre: Law
ISBN: 3030670007

The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.