Suchergebnisse

Defence date: 19 April 1996 ; Examining Board: H. U. Jesserun d'Oliveira, E.U.I.-Univ. Amsterdam (supervisor) ; David O'Keeffe, U.C.L.-College of Europe, Bruges (co-supervisor) ; Brian Bercusson, EUI-Manchester University (co-supervisor) ; R.M. Moura Ramos, Univ.Coimbra-EC Court of First Instance ; Francis Snyder, EUI ; First made available online 19 December 2016 ; This thesis analyses issues in European Community Law and European Union Law related to immigration from third countries into the Union and regarding natural persons already living within the countries of the Union who do not have the nationality of a Member State. For the sake of simplicity these persons are referred to as third country nationals, or immigrants from third countries. In the absence of indications to the contrary, these expressions should be understood as comprising three categories of persons who live in a Member State of the European Union [hereinafter ''Member State"]: first, nationals of a third country who have immigrated into a Member State; secondly, persons born in a Member State but who have the nationality of a third country and, finally, also stateless persons. In 1992 these three categories made up a total of about 10 million persons. The key concern of this thesis is the situation of third country nationals belonging to national or racial groups who are socially disadvantaged. Clearly, in certain areas, Swiss, (white) American or even Japanese entrepreneurs or managers are in a completely different position to that of Algerian, Chinese or Peruvian low-skilled workers. The latter have a far less advantageous socio-economic status in comparison to the former. They are the ones in need of more attention from public institutions and from the society as a whole. Thus, they are the main concern of this thesis. However, in certain other domains, any person not having the nationality of a Member State can confront basically the same problems - like those pertaining to exclusion from the rights granted only to nationals of a Member State. In this aspect, the thesis will examine in the same manner the position of all third country nationals.

National law derives its validity from the fact that the State that enacts it is sovereign and is capable of enforcing it in its national territory. It is independent from any other national or international system. A sovereign country is free to sign international treaties. Treaty obligations must be respected but this merely means that the state could not invoke national law as an excuse for failing to perform its treaty obligations towards other contracting parties. States are left to their own devices for finding the most appropriate domestic arrangements for fulfilling their international obligations. So one can say there is internal supremacy as opposed to international supremacy of treaties and other aspects of their domestic status are a matter of national law. As a result, two theories evolved to demonstrate the relationship between domestic law and international treaties. The monist view - as expressed for instance, by Kelsen - is that national legal orders are 'creatures' of international law. The dualist views, as exposed by TriepeI and Anzilotti are rather more convincing where they show that national legal orders were separate legal orders, able to resist the penetration of international norms. ; peer-reviewed

Award date: 31 December 1991 ; Supervisor: J. Schwarze ; First made available online: 21 September 2015

Intro -- Foreword -- List of Principal Abbreviations -- Contents -- Chapter 1: Introduction: A Legal Study of Multilevel Governance -- A. Why a Legal Study of Multilevel Governance? -- B. Overview of the Work -- C. A Required Post-Scriptum on the Heterogeneity of the `Sub-national Level´ -- References -- Chapter 2: The Sub-national Dimension of the EU -- A. Introduction -- B. Beyond the `Masters of the Treaties´ Dogma -- C. Sub-national Participation in Lawmaking in the Council and Through the Committee of the Regions (CoR) -- D. The Implementation of EU Law and Policy by the Sub-national Authorities -- 1. Beyond the Doctrine of the Exclusive Responsibility of the Member States for the Fulfilment of EU Obligations: The Role of ... -- 2. State Liability and Financial Liability of the Sub-national Authorities in Case of Failure to Comply with Obligations Stemm... -- 3. Protecting Local and Regional Self-government from Surreptitious `Re-centralisation´: Constitutional Limitations and Constr... -- 4. The Defence of the Sub-state Authorities in Infraction Proceedings -- E. The Challenge of Union Acts by the Sub-national Authorities -- 1. Direct Challenge of Union Acts: The `State Centric´ Jurisprudence of the ECJ -- 2. The Way Out of the Conundrum: The Judicial Defence of the Rights of the Sub-state Authorities at EU Level Through the Natio... -- F. Concluding Remarks -- References -- Chapter 3: Multilevel Governance in the EU -- A. Introduction -- B. Content and Constitutional Foundation of Multilevel Governance -- 1. The Emergence of Multilevel Governance in the EU -- 2. The White Papers´ Approach to Multilevel Governance -- 3. Towards a Legal Notion of Multilevel Governance: A) EU Primary Law -- 4. Towards a Legal Notion of Multilevel Governance: B) EU Secondary Law.

This paper represents a first approach to the acoustical regulations in some European Union countries. It is only considered the case of dwellings in Residential Buildings.The analysis is limited to the comparison of the different indexes used in the several countries. Some examples illustrate the enormous differences in philosophy and requirements of the different Regulations that were analysed.The conclusions emphasize the need to begin the preparation of a common code that could be used as a European Union Regulation in the field of Building Acoustics.

1. The Images of the Consumer in EU Law -- DOROTA LECZYKIEWICZ AND STEPHEN WEATHERILL -- 2. The Consumer: Marketised, Fragmentised, Constitutionalised -- HANS-W MICKLITZ -- 3. The Images of the 'Consumer' in EU Competition Law -- ALBERTINA ALBORS-LLORENS AND ALISON JONES -- 4. Seeking the EU 'Consumer' in Services of General Economic Interest -- ANGUS JOHNSTON -- 5. Vulnerable Consumers in EU Law -- NORBERT REICH -- 6. Changing Policy Paradigms of EU Consumer Credit and Debt Regulation -- IAIN RAMSAY -- 7. The Importance of Law and Harmonisation for the EU's Confident Consumer -- CHRISTIAN TWIGG-FLESNER -- 8. Empowerment is not the only Fruit -- STEPHEN WEATHERILL -- 9. Targeted Consumer Protection -- STEFAN GRUNDMANN -- 10. The Consumer as Regulator -- CHRISTOPHER HODGES -- 11. Regulatory Cost, the Consumer, and the EU Constitutional Framework -- DOROTA LECZYKIEWICZ -- 12. Ethical Consumption and the Internal Market -- LUCINDA MILLER -- 13. Conformity of Goods, the Network Society, and the Ethical Consumer -- HUGH COLLINS -- 14. The Consumer, the Citizen, and the Human Being -- GARETH DAVIES -- 15. The Image of the Consumer in EU Trade Mark Law -- GRAEME B DINWOODIE AND DEV S GANGJEE -- 16. The Consumer in European Regulatory Private Law -- VANESSA MAK -- 17. The Court of Justice's 'Paradigm Consumer' in EU Free Movement Law -- SYBE A DE VRIES -- 18. Europe's (Lack of) Vision on Consumer Protection: A Case of Rhetoric Hiding Substance? -- GERAINT HOWELLS -- 19. A Short History of Consumer Policy in the EU -- SIDNEY FREEDMAN