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Access to court is essential for the protection of all rights of individuals. The same holds true for the rights individuals derive from Community law. The Court of Justice of the European Communities (ECJ) is the only court competent to review the legality of acts of the Community institutions. In addition, the ECJ has the last word on the interpretation of Community law. Yet, direct access for i

My thesis deals with the VW-Gesetz and its compatibility with the free movement of capital (Art. 56 EC). The whole topic is highly political because Volkswagen is the biggest car-producer in Niedersachsen (Lower Saxony) and provides many jobs in that area. There have been attempts to takeover the company, which have not been successful because the VW-Gesetz includes several provisions, which make

The thesis deals with competition law and sport and is insofar divided into three sections. First, the Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty comes into view. This regulation was set into force on 1 May 2004 and replaced the former regulation 17/62. The main change is not the substance of

The previous substantive test in Article 2(3) of the Merger Regulation 4064/89 had as its cornerstone the concept of dominance. The test that is also referred as dominance test, declared incompatible with the common market concentrations that would create or strengthen a dominant position as a result of which competition would be significantly impeded. The wording of the Article referred initially

The objective of the present work is to study the relationship between the European Commission and the so-called ''civil society'' through policy networks. It is considered whether a fair consultation of specialized partners can increase the level of democratic legitimacy and efficiency in the European Union. This hypothesis is considered in the light of the assumption that risk ma

Design importance in product marketing has been dramatically increasing in the last few years. There is hardly a commodity available in the market which could escape the ever-growing design trend. Consumer design awareness is growing simultaneously and thus more and more companies choose to invest into researching possible design applications to their products. Currently where production costs are

The purpose of this paper is to determine whether the Treaty to Establish a Constitution for Europe contains the basic and essential constitutional values necessary to safeguard citizens' fundamental rights. This is a significant question since any legal instrument that claims to have constitutional values for the benefit of its citizens should contain certain elements that protect its citizen

Gambling and the national gambling markets has so far not been harmonised through any Community law regulation or directive. Instead gambling is covered by the general principles of Community provisions for the free movement of services article 49, and the closely connected article 43 regulating the freedom of establishment. This has been established through the case law of the ECJ. The Member Sta

In the traditional model of international law, to which however reality has never exactly corresponded, situations of armed violence fall into clearly defined categories which in their turn appertained to a certain set of rules of international law applicable. For armed conflicts between sovereign states ('war'), international humanitarian law provides a full body of rules. On the other ha

Under which circumstances can the European Convention on Human Rights be applied to human rights violations perpetrated abroad by European military forces or other State agents? This question is highly relevant having in mind the European military presence in for example Iraq and Afghanistan. In contrast to the four Geneva Convention, applicable in armed conflict, the European Convention has a jur

This thesis concerns the problems that surround the implementation and enforcement of international humanitarian law in non-international armed conflicts. The provisions applicable to such conflicts are common Article 3 of the Geneva Conventions together with Additional Protocol II to the Geneva Conventions. The main obstacles surrounding the implementation of these provisions are of various natur