Essays about: "European Court of Justice direct effect"
Showing result 1 - 5 of 11 essays containing the words European Court of Justice direct effect.
-
1. Exchanging Bilateral Investment Treaties and Investor-State Dispute Settlement for the Acquis Communautaire : A three-stage analysis of the effects for investors, the level of investment protection and for the flow of Foreign Direct Investment on the internal market
University essay from Stockholms universitet/Juridiska institutionenAbstract : Through the judgements of Achmea and PL Holdings, the Court of Justice of the European Union (CJEU) has prohibited the use of Investor-State Dispute Settlement (ISDS) as well as the enforcement of any awards stemming from such procedures within the European Union (EU). This means that investors on the internal market can no longer enjoy the protection which was awarded to them by the protection standards inherent in the Bilateral Investment Treaties (BITs) which were previously relied upon by investors in the Member States (MS), and which provided for the possibility of ISDS. READ MORE
-
2. The notion of economic value in taxation - A comparison of valuation methods
University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionenAbstract : The concept of economic value is not well explored nor consistently applied in the field of taxation. Different systems of taxation assess value from their own perspectives and with their own interests in mind resulting in situations where different values for taxation are determined for the same transaction. READ MORE
-
3. A matter of principle for whom? The CJEU's Development of Principles and the Influential Possibilities of Member States
University essay from Göteborgs universitet/Juridiska institutionenAbstract : With a legal philosophical focus, this thesis examines the Court of Justice of the European Union’s development of principles, using the principles of direct effect and supremacy as examples, and the member states influential possibilities, focusing on the tools of non-referral and submitting observations. The theories of legal interpretivism and legal positivism have been applied, and in order to create a social context, the development of principles and the member state tools have been analysed from the perspectives of legal certainty and democracy. READ MORE
-
4. To be or not to be – granting WTO rules direct effect within the EU
University essay from Lunds universitet/Juridiska institutionenAbstract : I ett antal år har EU-domstolen fått ta ställning till den potentiella konflikt som existerar mellan EU-rätten och reglerna inom WTO. En särskilt uppmärksammad fråga är huruvida WTO-reglerna kan ge upphov till direkt effekt inom EU:s rättssystem, dvs. att de kan åberopas av individer i medlemsländernas domstolar. READ MORE
-
5. The ECJ and Judicial Activism
University essay from Lunds universitet/Statsvetenskapliga institutionenAbstract : The imprint of the European Court of Justice on the European Integration has been historical. The sole purpose of the Court‘s establishment was aimed at faithful interpretations of the legal texts; nevertheless, over the years, the Court has broadened the scope of its authority, and has become an important institutional player of the Union. READ MORE
