General Principles of Law - The Role of the Judiciary

2015 ◽  
Keyword(s):  
General Principles Of Law

Public Procurement Principles Generated by the Treaty of Rome

2020 ◽  
Vol 26 (2) ◽  
pp. 217-223
Author(s):  
Ioan-Gabriel Popa
Keyword(s):  
European Economic Community ◽  
Public Procurement ◽  
Free Movement ◽  
European Directives ◽  
Community Institutions ◽  
Treaty Of Rome ◽  
General Principles Of Law ◽  
Free Movement Of Goods ◽  
The One

AbstractIn order to understand the principles of public procurement in Romania, it is necessary to analyze, on the one hand, the European directives that regulate the actual public procurement and, on the other hand, the context in which the European directives were adopted. Even with the directives in force, the more general provisions contained in the Treaty of the European Economic Community (EEC) in Rome, hereinafter referred to as the Treaty, are applied, as well as many more general principles of law that will guide the interpretation of these directives. The Treaty was adopted in Rome, in 1957 and became applicable from January 1, 1958. It is considered that the source of the principles of public procurement is the Treaty. Even if in Treaty contained no specific provisions regarding the field of public procurement, it reflects the principles and the general framework for the functioning of the single market, a market characterized through the prism of the fundamental freedoms established by the Treaty: the free movement of goods, services, capital and persons. As the field of public procurement is closely linked to the free movement of goods, this principle is promoted and implemented in the practice of this field based on the regulations, directives and decisions of the Community institutions. The role of the free movement of goods is to harmonize the relationships involved in the process of purchasing goods, but also to ensure the homogeneity, coherence and balance of this process.

Constitutions, EU Law and Judicial Strategies in the Czech Republic, Hungary and Poland

2010 ◽  
Vol 30 (1) ◽  
pp. 81-99 ◽  
Author(s):  
MARCIN MATCZAK ◽  
MATYAS BENCZE ◽  
ZDENEK KÜHN
Keyword(s):  
Czech Republic ◽  
Constitutional Courts ◽  
East Central Europe ◽  
The Czech Republic ◽  
East Central ◽  
Institutional Effects ◽  
Original Dataset ◽  
Rule Approach ◽  
General Principles Of Law

AbstractGiven far-reaching changes in the legal systems of East Central Europe since the mid-1990s, one might expect administrative court judges to have modified the way in which they decide cases, in particular by embracing less formalistic adjudication strategies. Relying on an original dataset of over one thousand business-related cases from the Czech Republic, Hungary and Poland, this article shows that – despite some variation across countries and time – judges have largely failed to respond to the incentives contained in the new constitutional frameworks. They continue to adopt the most-locally-applicable-rule approach and are reluctant to apply general principles of law or to rely on Dworkinian ‘policies’ in deciding hard cases. The analysis links these weak institutional effects to the role of constitutional courts, case overload and educational legacies.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

Preamble II, The use of the PICC in arbitration

2015 ◽  
Author(s):  
Scherer Matthias
Keyword(s):  
Contract Law ◽  
Choice Of Law ◽  
General Principles Of Law ◽  
Lex Mercatoria ◽  
Domestic Law

This commentary focuses on Preamble II of the UNIDROIT Principles of International Commercial Contracts (PICC), with particular emphasis on the use of the PICC in arbitration. It discusses the application of the PICC as the lex contractus, including the agreement of the parties on their contract being governed by the PICC; references to general principles of law, lex mercatoria, or usages; application of the PICC when the parties have not chosen any law to govern their contract; and choice of law other than the PICC. It also addresses the use of the PICC to supplement or interpret the contract law; the use of the PICC by arbitral tribunals in situations not dealt with in the Preamble; the role of the PICC where arbitrators decide ex aequo et bono; challenge and enforcement of arbitral awards based on the PICC rather than on a domestic law; and application of the PICC to arbitration agreements.

scholarly journals THE ROLE OF LOCAL WISDOM AS PART OF CORRUPTION ERADICATION STRATEGY

2018 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
LIM KURNIAWAN SETIADARMA
Keyword(s):  
Public Participation ◽  
National Level ◽  
The Other ◽  
Community Awareness ◽  
Beliefs And Values ◽  
Eradication Strategy ◽  
Long Time ◽  
General Principles Of Law ◽  
Corruption Prevention

ABSTRACT Corruption has been a pervasive problem plaguing our country for a long time. On the other hand, raising community awareness and enhancing public participation have been acknowledged as part of the corruption prevention and eradication strategy in Indonesia for many years, especially since the enactment of 1999 Corruption Law. Nonetheless, public participation in the country seems to keep decreasing throughout the years, leaving corruption alone eroding every sector of society. For this reason, it is important to realize that the success level of public participation is highly related to the existing beliefs and values of people that are expected to be participating – the local wisdom. The purpose of this paper is to evaluate the effectiveness of public participation in eradication of corruption, assess whether the local wisdom has been supporting the corruption eradication/prevention strategy, and finally conclude with a proposition to maximize the role of local wisdom in combatting corruption in Indonesia. To achieve that goal, delving into applicable laws, general principles of law, journals and books, cases and reports, as well as various surveys becomes very important to increase the knowledge and objectivity in thinking and analyzing. Two surveys were also conducted to Indonesian citizens with 328 respondents and 495 respondents, in order to see the real cultures and beliefs that are currently developing in Indonesian society. This research paper will reveal the current Indonesian local wisdom on the ground and its connection to the large strategy of corruption eradication at national level.

Some Legal Issues Presented in Clinical Pharmacy Practice

1976 ◽  
Vol 10 (8) ◽  
pp. 444-447 ◽  
Author(s):  
Joseph L. Fink
Keyword(s):  
Pharmacy Practice ◽  
Standard Of Care ◽  
Legal Issues ◽  
Clinical Activity ◽  
Clinical Role ◽  
Everyday Practices ◽  
Legal Questions ◽  
Federal Food ◽  
General Principles Of Law

As the pharmacist's clinical role expands he is confronted with legal questions concerning actual or proposed activities. A number of papers have appeared in the literature of pharmacy which address the potential legal liability of the pharmacist who engages in clinical activity but most are written in terms of general principles of law with few specific circumstances addressed. In this article, legal questions raised by clinical pharmacists in the course of their everyday practices are evaluated and discussed. Among the issues presented are use of an FDA-approved drug for an unapproved use, informed consent in administration of unapproved drugs, the role of the pharmacist in managing hypertensive patients visiting a hospital-based clinic, the legality of a pharmacist administering injectible drugs, the legality of permitting Pharm.D. students to draw blood, and the application of the Federal Food, Drug and Cosmetic Act to the preparation of aluminum hydroxide cookies for dialysis patients. The specific questions are answered and the legal standard of care expected of pharmacists performing clinical functions is discussed. While no cases have been decided yet concerning newer clinical activities, some precedent can be found in past cases. Approaches to handling these questions should be of value in addressing future legal issues presented as pharmacists further seek to better utilize their knowledge.

scholarly journals The current role of the Court of Justice of the EU in the legal institutional system of the European Uniuon

2021 ◽  
Author(s):  
Maxim Toncoglaz ◽  
Keyword(s):  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Current Role ◽  
Court Of Justice ◽  
General Principles Of Law ◽  
Dynamic Integration ◽  
Institutional System ◽  
The Eu

In this article, we will discuss the role of the ECJ in the EU legal order. The concept of general principles of law is of great importance today for deepening the process of European integration, the formation and development of EU law as a whole. An important role in its development and consolidation lies with the EU Court of Justice. Its consistent practice has led to the formation of the very concept of EU law and the recognition of its general principles. The Court of Justice of the European Union not only models the concept, but also ensures that the general principles of law are respected by all the institutions of the European Communities and the Member States, which in turn contributes to strengthening the legitimacy of the Communities and of the Union and their legal system and, on the other hand, contributes to a more dynamic integration.

Administrative Justice and Globalization

2021 ◽  
Author(s):  
Giacinto della Cananea
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Regional Organizations ◽  
The Third ◽  
General Principles Of Law ◽  
Regulatory Regimes ◽  
New Institutions ◽  
Administrative Justice

This chapter, a discussion of administrative justice beyond the borders of the states, has three related objectives. The first is to point out the growth of this dimension of administrative justice, either within regional organizations or within global regulatory regimes. The second is to examine the challenges facing the new institutions and the commonalities and differences between their foundations, particularly with regard to the general principles of law aiming at promoting sound governance, such as due process, impartiality, and proportionality. The third objective is to examine the role of law. Judicial review and judicial doctrines are part of the story, but are not the whole story. It will be seen that law, both hard and soft, plays several roles in this area and variably impinges on the interest at stake.

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