Suchergebnisse

The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimin

copy of the original article on simple written request to the author. Article 2 of the Egyptian Constitution states, after amendment, that 'the principles of the shark'a are the main source of legislation'. This article attempts to identify the different disciplinary views that can be adopted on the issue of cohabitation and integration of two normative orders based on different sources, in this case positive law and coranic revelation. A number of entries make it possible to grasp this problem and break the deadlock which limits the analysis of legislative phenomena in general and legal matters, in particular to the only alternative of legal or political positivism. These avenues of expansion of the analytical spectrum are essentially part of critical theory, sociologe and anthropology of law. ; International audience ; copy of the original article on simple written request to the author. Article 2 of the Egyptian Constitution states, after amendment, that 'the principles of the shark'a are the main source of legislation'. This article attempts to identify the different disciplinary views that can be adopted on the issue of cohabitation and integration of two normative orders based on different sources, in this case positive law and coranic revelation. A number of entries make it possible to grasp this problem and break the deadlock which limits the analysis of legislative phenomena in general and legal matters, in particular to the only alternative of legal or political positivism. These avenues of expansion of the analytical spectrum are essentially part of critical theory, sociologe and anthropology of law. ; copie de l'article original sur simple demande écrite à l'auteur L'article 2 de la Constitution égyptienne stipule, après amendement, que "les principes de la sharî'a sont la source principale de la législation". Cet article tente de dégager les différents points de vue disciplinaires qu'il est possible d'adopter sur la question de la cohabitation et de l'intégration de deux ordres normatifs fondés sur ...

The integrative force of the Member States' status on the judicial function is expressed through the loyalty obligation to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law (Art 19, par 1, subpar 2, TEU). Member States have to ensure access to the national judge, who has been entrusted with a European mandate, and who is in measure to cooperate with the Court of Justice through the preliminary reference procedure. The Member States establish in this way an integrated judicial function. The exercise of such a function by the national judge, in cooperation with the Court of Justice and under the control of the Member State, implies integrative dynamic, which however depends on the balancing exercise with national procedural autonomy and the margin of appreciation of the national judge.

reference concepts (law, standard, value, rule, principle) ; les concepts de référence (loi, norme, valeur, règle, principe)

Filmed from the original held by: Harvard Law School Library. ; Includes bibliographical references. ; Mode of access: Internet.

The assessment of the possible health impacts associated with an industrial installation has been made compulsory by various pieces of legislation, in particular the Law of 30 December 1996 (the 'Air Law'). It complements environmental impact assessments. It is carried out in accordance with the health risk assessment (ERS) approach, detailed and detailed in various circulars and guides, the main stages of which are as follows: (I) inventory of polluting substances and their flow, (ii) determination of their hazards, according to available toxicological data, including dose/effect relationships to produce reference doses, (iii) population exposure study (routes and exposure levels), (iii) health risk characterisation by comparing exposure levels and reference doses. ; International audience The assessment of impacts on human health linked to an industrial plant became mandatory through several regulations, especially the French Law of December 30th 1996 ("Law on Air"). This is complementary to the studies of environmental impact. It is achieved through an approach called Health risk assessment, which is detailed in several guidelines and is based on the following steps : i) an inventory of pollutants and their fluxes, ii) a determination of their hazards, based on available toxicological data, including dose/effect relationship, in order to set up reference doses, iii) a study of exposure of the populations (routes and levels of exposure), iiii) a characterization of the health risk, by comparing exposure levels and reference doses. ; The assessment of the possible health impacts associated with an industrial installation has been made compulsory by various pieces of legislation, in particular the Law of 30 December 1996 (the 'Air Law'). It complements environmental impact assessments. It is carried out in accordance with the health risk assessment (ERS) approach, detailed and detailed in various circulars and guides, the main stages of which are as follows: (I) inventory of polluting substances and their flow, ...

The starting point of the study is the observation of the recurrence of the term corporatist in a certain number of discourses. This term designates the terms "corporatism", "corporation" and "neo-corporatism". If the finding of frequent use is general, it is particularly interesting to raise in labor law, historically shaped by the corporate organization of the Ancien Régime. This is all the more so since there are indeed a large number of references to corporatism in the main journals specializing in labor law. However, these references are based on very different contexts, uses and objects compared to corporatism. There is therefore no general legal study of corporatism, as a movement of ideas, in labor law data. It is therefore appropriate to try to partially fill this scientific gap by focusing on doctrine. The ambition of the thesis is to understand the use of the appellation corporatist in the literature, in particular labor. But because references to corporatism are diffuse within this doctrine, it is advisable to resort to multidisciplinarity. Defining corporatism as a movement of ideas requires appealing to representations emanating from authors from other disciplines. Listing the speeches and analyzing their content in case of reference to corporatism will help to identify a moving object. This method will make it possible to update different discourse models, in other words different ways of understanding corporatism, all based on frequently invoked characteristics. This pluralist approach should ultimately make it possible to propose a definition of corporatist ideas. It will then be necessary to confront the latter, thus defined, with the discourse of labor doctrine in order to know if they help the intelligibility of the law. Applied to French labor law, this process must make it possible to determine whether the latter can be qualified as corporatist. ; Le point de départ de l'étude est le constat de la récurrence du vocable corporatiste dans un certain nombre de discours. Ce vocable désigne les ...

The starting point of the study is the observation of the recurrence of the term corporatist in a certain number of discourses. This term designates the terms "corporatism", "corporation" and "neo-corporatism". If the finding of frequent use is general, it is particularly interesting to raise in labor law, historically shaped by the corporate organization of the Ancien Régime. This is all the more so since there are indeed a large number of references to corporatism in the main journals specializing in labor law. However, these references are based on very different contexts, uses and objects compared to corporatism. There is therefore no general legal study of corporatism, as a movement of ideas, in labor law data. It is therefore appropriate to try to partially fill this scientific gap by focusing on doctrine. The ambition of the thesis is to understand the use of the appellation corporatist in the literature, in particular labor. But because references to corporatism are diffuse within this doctrine, it is advisable to resort to multidisciplinarity. Defining corporatism as a movement of ideas requires appealing to representations emanating from authors from other disciplines. Listing the speeches and analyzing their content in case of reference to corporatism will help to identify a moving object. This method will make it possible to update different discourse models, in other words different ways of understanding corporatism, all based on frequently invoked characteristics. This pluralist approach should ultimately make it possible to propose a definition of corporatist ideas. It will then be necessary to confront the latter, thus defined, with the discourse of labor doctrine in order to know if they help the intelligibility of the law. Applied to French labor law, this process must make it possible to determine whether the latter can be qualified as corporatist. ; Le point de départ de l'étude est le constat de la récurrence du vocable corporatiste dans un certain nombre de discours. Ce vocable désigne les ...

The starting point of the study is the observation of the recurrence of the term corporatist in a certain number of discourses. This term designates the terms "corporatism", "corporation" and "neo-corporatism". If the finding of frequent use is general, it is particularly interesting to raise in labor law, historically shaped by the corporate organization of the Ancien Régime. This is all the more so since there are indeed a large number of references to corporatism in the main journals specializing in labor law. However, these references are based on very different contexts, uses and objects compared to corporatism. There is therefore no general legal study of corporatism, as a movement of ideas, in labor law data. It is therefore appropriate to try to partially fill this scientific gap by focusing on doctrine. The ambition of the thesis is to understand the use of the appellation corporatist in the literature, in particular labor. But because references to corporatism are diffuse within this doctrine, it is advisable to resort to multidisciplinarity. Defining corporatism as a movement of ideas requires appealing to representations emanating from authors from other disciplines. Listing the speeches and analyzing their content in case of reference to corporatism will help to identify a moving object. This method will make it possible to update different discourse models, in other words different ways of understanding corporatism, all based on frequently invoked characteristics. This pluralist approach should ultimately make it possible to propose a definition of corporatist ideas. It will then be necessary to confront the latter, thus defined, with the discourse of labor doctrine in order to know if they help the intelligibility of the law. Applied to French labor law, this process must make it possible to determine whether the latter can be qualified as corporatist. ; Le point de départ de l'étude est le constat de la récurrence du vocable corporatiste dans un certain nombre de discours. Ce vocable désigne les ...

In this paper, the task is to check why we do question the validity of a certain explanation of behaviour even if at the same time this explanation serves us as a frame of reference in our everyday professional research and action. We mean here the most trivial and, simultaneously, the most problematic explanation of behaviour in terms of legal rules. In general, the paper addresses the most important of theoretical problems in sociology of law, that is, does sociology of law have at its disposal a theory at all. In particular, as law of laws (LL) this explanation was selected as it seems to be of fundamental role for sociology of law in the whole.

Some New Reflections on the Relation between Law and Equitable Decision-Making.
Equitable Decision-Making is, first of ail, an abstract, philosophic concept. It is the basis of law and ail law is, or should be, an expression of the equitable as it is perceived by society at a given place and moment. More concretely, it is a reference, which appears intermittently, albeit decreasingly in positive law where it functions as a secondary source of law. Last, equitable decision-making operates on occasion as a circumstantial corrective to the law, explicitly as well as in practice. In this role, the Mediator, along with other institutions, has an advisory power, but has also the capacity for equitable settlement of litigations. This latter type of intervention can only be exceptional so as not to destabilize the administration and discredit the legal System.

The introduction to the collective book edited by the author analyses how the margin of appreciation of the national judge in the preliminary reference procedure depends on the double mandate to ensure effective implementation of European Union law and to guarantee an effective judicial protection. The national judge has a limited margin of appreciation while evaluating the need for a preliminary ruling and the relevance of the questions addressed to the Court of Justice of the European Union. The limitations stem from the consideration of the preliminary reference procedure as a tool to ensure effective judicial protection. The margin of appreciation of the national judge is more important while implementing EU law following the preliminary ruling of the Court, as he is is ensuring the balance between the Union's and Member States' interests.