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Full-Text Articles in Law

La Prescripción Adquisitiva De Dominio, David García Oct 2010

La Prescripción Adquisitiva De Dominio, David García

David García

No abstract provided.


Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita Sep 2010

Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita

Anca Daniela Chirita

This article explains the Lisbon Treaty’s provisions relating to competition policy and offers a dynamic interpretation of Article 102 Treaty on the Functioning of the European Union (TFEU), which could justify the consideration of an effects-based approach to those anti-competitive practices that are most harmful to the final consumers under the economic theory of consumer welfare. The implications of ‘consumerprotection requirements’ must shed special light on Article 12 TFEU. Therefore, this article examines the possibility of shifting the courts’ teleological interpretation of Article 102, which is based on Protocol 27’s ‘undistorted competition’, towards a legal balancing test of the Treaty’s …


Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García Aug 2010

Pautas A Seguir Para Incluir La Cláusula De Liberación De Protesto, David García

David García

No abstract provided.


New Rules On Consumer Protection Against Personal Data Breaches And Spam, Panagiotis Kitsos, Paraskevi Pappas May 2010

New Rules On Consumer Protection Against Personal Data Breaches And Spam, Panagiotis Kitsos, Paraskevi Pappas

Panagiotis Kitsos

On 25 November 2009, the European Parliament and Council adopted a new legislation to revise the regulatory framework for the electronic communications sector. This new “package” of Directives includes Directive 2009/136/EC, which amends earlier Directive 2002/58/EC in the fields of 1. mandatory notification of personal data security breaches 2. consent requirements for cookies and 3. anti-spamming measures by ISPs. The scope of the Directive is to enhance the protection of consumers privacy and personal data in the electronic communications sector, through strengthened security-related provisions and improved enforcement mechanisms by the NRAs. In particular Τhe provisions of the new directive require …


Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava Jan 2010

Decision On Bt-Brinjal: Issues Of Legal Certainty, Nupur Chowdhury, Nidhi Srivastava

Nupur Chowdhury

The recent decision of the government of India to impose a moratorium on the release of Bt-Brinjal has been hailed by civil society and scientists alike as a victory for transparency and has demonstrated that the government is responsive to societal demands. This decision is also important since it could set a precedent within environmental regulation with reference to technologies with significant environmental risks. However, the decision also reflects a clear departure from procedure and its legal basis is tenuous and therefore the risk of it being reversed remains. This establishes a clear case for ensuring legal certainty in environmental …


Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre Jan 2010

Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre

Arthur Dyevre

The field of judicial politics had long been neglected by political scientists outside the United States. But the past twenty years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. And judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that the geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts …