Suchergebnisse

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.

The article contains a peer analysis of European primary legislation concerning enhanced cooperation within the European Union between the member states in accordance with their will on agreed issues. The research includes the forms of enhanced cooperation, the procedure of enhanced cooperation, the spheres of its application, the instruments of enhanced cooperation and the legal effects of enhanced cooperation both for participating and third countries.

This Palgrave Pivot strives to recount and understand Indigenous Law, as set within a remote community in northern Australia. It pays close attention to the realpolitik and high-level political functioning of Indigenous Laws, which inspires a discussion of how this Law models the relational, influences governance and emplaces people in an ordered kincentric lifeworld. The book argues that Indigenous Law can be examined for the ways in which it is a deliberate, stabilizing and powerful force to maintain communal order in relation to Country, a counter framing to popular and 'soft law or soft power asset' visions of such Laws often held in the national and international imaginary. It is the latter which too often renders this knowledge esoteric and relinquishes it to a category of lore or folklore. This is an open access book

"The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature.The Editors' introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it. Please also see the following related titles:- https://brill.com/view/title/26889 - British Influences on International Law, 1915-2015 https://brill.com/view/title/26680 - The Role of Legal Advisers in International Law"--

The relationship between the convention and constitutional law -- The relationship between the convention and international law -- Succumbing to penal populis -- Defending society from its enemies -- New forms of punishment -- Promoting internet as the new global market of ideas -- Defending the foundations of the European model of social state (Sozialstaalichkeit) -- Empowering migrants as citizens -- Judge-made law : is the case law coherent? -- Strasbourg consequential orders : words blown against the wind?