The co-operation between the European Union (EU or Union) and third countries on the return and readmission of irregular migrants is increasingly informal, enshrined in political or administrative deals rather than formal international treaties. This article explores the effect of the systematisation in the use of informal deals on the rule of law compliance of the Union’s return policy. It argues that the systematic recourse to informal deals relates to a strategic avoidance of judicial and democratic accountability of the Union’s action. More particularly, EU Institutions make use of the distinction between international treaties and non-binding informal deals to sever an area of governance with clear fundamental rights implications, i.e. the EU return policy, from judicial and democratic oversight. This compromises the rule of law compliance of the EU return policy. In fact, as constitutional principle of the EU legal order, the rule of law inextricably connects and encompasses the pre-eminence of the law, democratic guarantees, and fundamental rights protection.
{"title":"The EU and its Perilous Journey Through the Migration Crisis: Informalisation of the EU Return Policy and Rule of Law Concerns","authors":"Caterina Molinari","doi":"10.2139/SSRN.3171983","DOIUrl":"https://doi.org/10.2139/SSRN.3171983","url":null,"abstract":"The co-operation between the European Union (EU or Union) and third countries on the return and readmission of irregular migrants is increasingly informal, enshrined in political or administrative deals rather than formal international treaties. This article explores the effect of the systematisation in the use of informal deals on the rule of law compliance of the Union’s return policy. It argues that the systematic recourse to informal deals relates to a strategic avoidance of judicial and democratic accountability of the Union’s action. More particularly, EU Institutions make use of the distinction between international treaties and non-binding informal deals to sever an area of governance with clear fundamental rights implications, i.e. the EU return policy, from judicial and democratic oversight. This compromises the rule of law compliance of the EU return policy. In fact, as constitutional principle of the EU legal order, the rule of law inextricably connects and encompasses the pre-eminence of the law, democratic guarantees, and fundamental rights protection.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"45 1","pages":"824-840"},"PeriodicalIF":1.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68568655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While private law defines limits to the effects of contracts, there also are limits to what the law can achieve. This article reflects on the implications of the CJEU’s judgment in the Spanish case of Gutierrez Naranjo, concerning the temporal effects of the nullity of unfair "floor clauses" in mortgage contracts. To what extent can the powers of national highest courts be restricted by the CJEU in fields that are governed by a combination of national rules of private law and EU law, and to what extent should socio-economic factors be taken into account in adjudication? In particular, attention is paid to questions of Kompetenz-Kompetenz, the importance of the socio-economic context of the case, the ideas of justice underlying the interaction of national private law and EU law, and the added value of transnational judicial dialogues for handling complex legal questions on the interface of different legal orders.
{"title":"Gutierrez Naranjo: on limits in law and limits of law","authors":"C. Mak","doi":"10.2139/SSRN.3034210","DOIUrl":"https://doi.org/10.2139/SSRN.3034210","url":null,"abstract":"While private law defines limits to the effects of contracts, there also are limits to what the law can achieve. This article reflects on the implications of the CJEU’s judgment in the Spanish case of Gutierrez Naranjo, concerning the temporal effects of the nullity of unfair \"floor clauses\" in mortgage contracts. To what extent can the powers of national highest courts be restricted by the CJEU in fields that are governed by a combination of national rules of private law and EU law, and to what extent should socio-economic factors be taken into account in adjudication? In particular, attention is paid to questions of Kompetenz-Kompetenz, the importance of the socio-economic context of the case, the ideas of justice underlying the interaction of national private law and EU law, and the added value of transnational judicial dialogues for handling complex legal questions on the interface of different legal orders.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"43 1","pages":"447-459"},"PeriodicalIF":1.0,"publicationDate":"2017-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42971584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The role states in modern international of the heads of contract law Carol Tisum","authors":"Carol Tisum","doi":"10.21859/EULAWREV-09011","DOIUrl":"https://doi.org/10.21859/EULAWREV-09011","url":null,"abstract":"","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":" ","pages":"01-01"},"PeriodicalIF":1.0,"publicationDate":"2017-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44571688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article describes the personal non-property rights and the Japanese civil law, carried out a comparative analysis of the legal and theoretical suggestions.
本文介绍了人身非财产权与日本民法,进行了比较分析,提出了法律和理论建议。
{"title":"Personal non-property rights of Role and relevance of Australia and japan in civil rights","authors":"T. Varner","doi":"10.21859/eulawrev-09015","DOIUrl":"https://doi.org/10.21859/eulawrev-09015","url":null,"abstract":"This article describes the personal non-property rights and the Japanese civil law, carried out a comparative analysis of the legal and theoretical suggestions.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":" ","pages":"01-01"},"PeriodicalIF":1.0,"publicationDate":"2017-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46215695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Farnoosh Amiri, Seyed Mohsen Sheykholislam, M. Rezae
{"title":"Rights and responsibility of the government to aliens in Iran Jurisprudence and International Law","authors":"Farnoosh Amiri, Seyed Mohsen Sheykholislam, M. Rezae","doi":"10.21859/EULAWREV-09014","DOIUrl":"https://doi.org/10.21859/EULAWREV-09014","url":null,"abstract":"","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"9 1","pages":"01-01"},"PeriodicalIF":1.0,"publicationDate":"2017-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42627928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial-Criminal Policy of the Islamic Republic of Iran towards Traditional and Electronic Press Offenses","authors":"Mansour Deh Namaki","doi":"10.21859/EULAWREV-09012","DOIUrl":"https://doi.org/10.21859/EULAWREV-09012","url":null,"abstract":"","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":" ","pages":"01-01"},"PeriodicalIF":1.0,"publicationDate":"2017-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47351067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This contribution suggests a republican interpretation of EU citizenship rights based on the following three propositions: first, the more globalisation transforms national into transnational public goods, the more democratic and republican constitutionalism requires to design and implement transnational public goods treaties as democratic law empowering citizens to invoke and enforce precise and unconditional multilevel market regulations and the protection of public goods vis-a-vis multilevel governance institutions. Secondly, as EU law, such as arts 2 and 9�12 TEU, requires EU Institutions and Member States to protect constitutional, representative, participatory and deliberative democracy and limits all internal and external EU powers by fundamental rights and protection of public goods (res publica), EU citizens rightly challenge EU trade, investment and other treaties that privilege interest groups and undermine the constitutional contract of citizens as codified in the EU Charter of Fundamental Rights. Thirdly, just as common market and competition law inside and beyond the EU protect citizen-driven network governance and rights-based vigilance of EU citizens embedded into comprehensive protection of fundamental rights and a �social market economy� (art.3 TEU), EU institutions should respond to the legitimacy and rule-of-law crises in other areas of EU governance by reconnecting EU law with EU citizens as democratic principals of multilevel governance agents. Anti-citizen clauses in EU free trade agreements with non-European countries (such as art.30.6 CETA) and discriminatory arbitration privileges for foreign investors illustrate the authoritarian disconnect of EU bureaucrats from EU citizens; they risk undermining rule of law, constitutional democracy, and the �social market economy� inside the EU.
这一贡献提出了一种基于以下三个命题的对欧盟公民权的共和解释:首先,全球化越是将国家公共产品转变为跨国公共产品,民主和共和宪政就越需要设计和实施跨国公共产品条约,将其作为民主法律,赋予公民援引和执行精确和无条件的多层次市场监管,并保护公共产品,而不是多层次治理机构。其次,由于欧盟法律(如TEU第2条和第9 - 12条)要求欧盟机构和成员国保护宪法、代表性、参与性和审议性民主,并通过基本权利和保护公共产品(res publica)来限制所有欧盟内部和外部权力,欧盟公民正确地挑战欧盟贸易、投资和其他条约,这些条约使利益集团享有特权,并破坏了《欧盟基本权利宪章》(EU Charter of fundamental rights)中规定的公民宪法契约。第三,正如欧盟内外的共同市场和竞争法保护公民驱动的网络治理和基于权利的欧盟公民警惕,并将其纳入对基本权利和“社会市场经济”的全面保护(第3条)TEU),欧盟机构应该通过将欧盟法律与欧盟公民作为多层治理主体的民主主体重新联系起来,来应对欧盟治理其他领域的合法性和法治危机。欧盟与非欧洲国家签订的自由贸易协定(如CETA第30.6条)中的反公民条款,以及给予外国投资者的歧视性仲裁特权,说明了欧盟官僚与欧盟公民之间的专制脱节;他们冒着破坏欧盟内部法治、宪政民主和“社会市场经济”的风险。
{"title":"EU citizenship as a constitutional restraint on the EU’s multilevel governance of public goods","authors":"E. Petersmann","doi":"10.2139/ssrn.3100179","DOIUrl":"https://doi.org/10.2139/ssrn.3100179","url":null,"abstract":"This contribution suggests a republican interpretation of EU citizenship rights based on the following three propositions: first, the more globalisation transforms national into transnational public goods, the more democratic and republican constitutionalism requires to design and implement transnational public goods treaties as democratic law empowering citizens to invoke and enforce precise and unconditional multilevel market regulations and the protection of public goods vis-a-vis multilevel governance institutions. Secondly, as EU law, such as arts 2 and 9�12 TEU, requires EU Institutions and Member States to protect constitutional, representative, participatory and deliberative democracy and limits all internal and external EU powers by fundamental rights and protection of public goods (res publica), EU citizens rightly challenge EU trade, investment and other treaties that privilege interest groups and undermine the constitutional contract of citizens as codified in the EU Charter of Fundamental Rights. Thirdly, just as common market and competition law inside and beyond the EU protect citizen-driven network governance and rights-based vigilance of EU citizens embedded into comprehensive protection of fundamental rights and a �social market economy� (art.3 TEU), EU institutions should respond to the legitimacy and rule-of-law crises in other areas of EU governance by reconnecting EU law with EU citizens as democratic principals of multilevel governance agents. Anti-citizen clauses in EU free trade agreements with non-European countries (such as art.30.6 CETA) and discriminatory arbitration privileges for foreign investors illustrate the authoritarian disconnect of EU bureaucrats from EU citizens; they risk undermining rule of law, constitutional democracy, and the �social market economy� inside the EU.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"43 1","pages":"89-105"},"PeriodicalIF":1.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68561403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Following the UK's vote to leave the EU in a national referendum there has been much debate over the correct legal process to be followed under both domestic law and the EU Treaties to give effect to this decision. This article seeks to contribute to these discussions by focusing on an aspect of the withdrawal process which, in the author�s view, has not been given full consideration to date; namely, the need for the consent of the European Parliament before any withdrawal agreement may be completed.
{"title":"What Role for the European Parliament Under Article 50 TEU","authors":"D. Harvey","doi":"10.17863/CAM.7118","DOIUrl":"https://doi.org/10.17863/CAM.7118","url":null,"abstract":"Following the UK's vote to leave the EU in a national referendum there has been much debate over the correct legal process to be followed under both domestic law and the EU Treaties to give effect to this decision. This article seeks to contribute to these discussions by focusing on an aspect of the withdrawal process which, in the author�s view, has not been given full consideration to date; namely, the need for the consent of the European Parliament before any withdrawal agreement may be completed.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"1 1","pages":"585-602"},"PeriodicalIF":1.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67572982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article identifies four distinct areas of EU law influence on the ECtHR's doctrines: references for informational purposes; references to support an autonomous interpretation; legal transplants; and references in the context of evolutive interpretation. EU law is relevant for both the determination of the scope of Convention rights and for the ECtHR's proportionality analysis, but EU law influence is not confined to the case law of the CJEU. It includes the full spectrum of EU legal materials. While it welcomes the ECtHR's engagement with developments at EU level, the article expresses a normative critique that is underpinned by a concern that the ECtHR's reasoning is often lacking in clarity and exposition of argument.
{"title":"The influence of EU law on Strasbourg doctrines","authors":"Tobias Lock","doi":"10.2139/SSRN.2922462","DOIUrl":"https://doi.org/10.2139/SSRN.2922462","url":null,"abstract":"This article identifies four distinct areas of EU law influence on the ECtHR's doctrines: references for informational purposes; references to support an autonomous interpretation; legal transplants; and references in the context of evolutive interpretation. EU law is relevant for both the determination of the scope of Convention rights and for the ECtHR's proportionality analysis, but EU law influence is not confined to the case law of the CJEU. It includes the full spectrum of EU legal materials. While it welcomes the ECtHR's engagement with developments at EU level, the article expresses a normative critique that is underpinned by a concern that the ECtHR's reasoning is often lacking in clarity and exposition of argument.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"41 1","pages":"804-825"},"PeriodicalIF":1.0,"publicationDate":"2016-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68433623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ICT has been a major factor of efficient accounting system and great organizational performance recently. ICT has been used to augment the reliability of accounting information and organizational performance. Accounting systems include the computer hardware and software fundamentals in recording accounting information. Organizational performance in this study was related to ability finances, ability to meet set goals and actions. However, to maximise the benefits of information technology systems, the appropriate implementation and adoption procedures have to used, or else, there is little or no impact of these technologies on the earlier mentioned variables. This study investigates empirically the impact of information technology on accounting systems and organizational performance. This study utilizes secondary data and Pearson’s correlation was used for analysis using SPSS for a sample of 20 staff in financial services and other related accounting departments in Covenant University. The results of the empirical findings show that there is a significant positive relationship between ICT system and accounting system and a significant positive relationship between ICT and organizational performance.
{"title":"Effect of ICT on Accounting Information System and Organizational Performance","authors":"Taiwo J.N., ACIB Agwu M. Edwin","doi":"10.21859/EULAWREV-08061","DOIUrl":"https://doi.org/10.21859/EULAWREV-08061","url":null,"abstract":"ICT has been a major factor of efficient accounting system and great organizational performance recently. ICT has been used to augment the reliability of accounting information and organizational performance. Accounting systems include the computer hardware and software fundamentals in recording accounting information. Organizational performance in this study was related to ability finances, ability to meet set goals and actions. However, to maximise the benefits of information technology systems, the appropriate implementation and adoption procedures have to used, or else, there is little or no impact of these technologies on the earlier mentioned variables. This study investigates empirically the impact of information technology on accounting systems and organizational performance. This study utilizes secondary data and Pearson’s correlation was used for analysis using SPSS for a sample of 20 staff in financial services and other related accounting departments in Covenant University. The results of the empirical findings show that there is a significant positive relationship between ICT system and accounting system and a significant positive relationship between ICT and organizational performance.","PeriodicalId":45752,"journal":{"name":"European Law Review","volume":"8 1","pages":"01-01"},"PeriodicalIF":1.0,"publicationDate":"2016-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68499929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}