The Experts below are selected from a list of 309 Experts worldwide ranked by ideXlab platform

Terence Daintith - One of the best experts on this subject based on the ideXlab platform.

  • European Community Law and the Redistribution of Regulatory Power in the United Kingdom
    European Law Journal, 1995
    Co-Authors: Terence Daintith
    Abstract:

    This paper draws on a series of case studies of implementation of specific Community Law instruments, in the fields of food safety, toy safety, beverage labelling, television broadcasting, and free movement of persons. The objective is to explore the question of how, and to what extent, the need to implement Community Law and policy functions to reinforce or to retard shifts in regulatory power in the United Kingdom: from local to central regulatory power; from official regulation to self‐regulation; and from bureaucratic and political controls to privately‐initiated control through the courts.

Rita De La Feria - One of the best experts on this subject based on the ideXlab platform.

  • Prohibition of abuse of (Community) Law: The creation of a new general principle of EC Law through tax
    Common Market Law Review, 2008
    Co-Authors: Rita De La Feria
    Abstract:

    The Court of Justice has been alluding to abuse and abusive practices in its rulings for more than thirty years.For a long time however the significance of these references was unclear. Not many commentators delved into this issue, and the few that did doubted whether the references by the Court to abuse amounted to the development of a general Community principle of abuse of Law. This state of affairs has changed radically within the last few years, largely due to jurisprudential developments within the field of tax. This paper analyses the evolution of the Court’s case Law on abuse, from the first cases on free movement of services, to the latest rulings on taxation. It then considers whether the case Law developed by the Court, on what has been designated as “prohibition of abuse of Law”, does indeed amount to a new general principle of Community Law.

  • Prohibition of Abuse of (Community) Law – The Creation of a New General Principle of EC Law Through Tax?
    2007
    Co-Authors: Rita De La Feria
    Abstract:

    The Court of Justice has been alluding to abuse and abusive practices in its rulings for more than thirty years. For a long time however the significance of these references was unclear. Not many commentators delved into this issue, and the few that did doubted whether the references by the Court to abuse amounted to the development of a general Community principle of abuse of Law. This state of affairs has changed radically within the last few years, largely due to jurisprudential developments within the field of tax. This paper analyses the evolution of the Court’s case Law on abuse, from the first cases on free movement of services, to the latest rulings on taxation. It then considers whether the case Law developed by the Court, on what has been designated as “prohibition of abuse of Law”, does indeed amount to a new general principle of Community Law.

Anne Cambon-thomsen - One of the best experts on this subject based on the ideXlab platform.

  • Les Fondements de l'Ethique de la Recherche en Droit Communautaire [The Foundation of Research Ethics in Community Law].
    International Journal of Bioethics, 2011
    Co-Authors: Gauthier Chassang, Emmanuelle Rial-sebbag, Anne Cambon-thomsen
    Abstract:

    The creation of the European Community by the Treaty of Rome in 1957 marked the beginning of the efforts to coordinate and harmonize national policies in many strategic sectors with high economic value, among them several aspects of scientific research. The European Union Law, formerly known as European Community Law, now includes a range of ethical principles that apply to research projects developed with the financial support of the European Union. Which were the steps in the integration of the ethics of sciences in the context of the Union? This article aims to study first, what were, and what are the legal bases of the integration of the ethical dimension of researches in life sciences by the European Union and, secondly, the institutional organisation that has been set up in order to discuss the development of common ethical norms, especially bioethics one, and in order to apply these rules which respect national particularities. In this regard, we analyse the relevant legal texts providing a foundation for the creation of a European bio-Law and we give an overview of the European institutions' activity in the field of bioethics by looking particularly the health research field.

  • The foundation of research ethics in Community Law
    Journal international de bioethique = International journal of bioethics, 2011
    Co-Authors: Gauthier Chassang, Emmanuelle Rial-sebbag, Anne Cambon-thomsen
    Abstract:

    The creation of the European Community by the Treaty of Rome in 1957 marked the beginning of the efforts to coordinate and harmonize national policies in many strategic sectors with high economic value, among them several aspects of scientific research. The European Union Law, formerly known as European Community Law, now includes a range of ethical principles that apply to research projects developed with the financial support of the European Union. Which were the steps in the integration of the ethics of sciences in the context of the Union? This article aims to study first, what were, and what are the legal bases of the integration of the ethical dimension of researches in life sciences by the European Union and, secondly, the institutional organisation that has been set up in order to discuss the development of common ethical norms, especially bioethics one, and in order to apply these rules which respect national particularities. In this regard, we analyse the relevant legal texts providing a foundation for the creation of a European bio-Law and we give an overview of the European institutions' activity in the field of bioethics by looking particularly the health research field.

Retselisitsoe Phooko - One of the best experts on this subject based on the ideXlab platform.

  • The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law
    Potchefstroom Electronic Law Journal, 2018
    Co-Authors: Retselisitsoe Phooko
    Abstract:

    The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. This was due to the existence of various approaches to the reception of Community Law into domestic Law. The tension between Community Law and domestic Law, international Law and domestic Law, and Community Law and international Law is as old as the hills. The monist and dualist theories of international Law assist in attempting to clarify the nature of the relationship between international Law and municipal Law, but there is no guidance when it comes to Community Law and national Law. This paper will explore how the SADC Community Law can be applied uniformly by South Africa, Zimbabwe and all other SADC member states. This will be done by looking at decided cases with specific reference to South Africa and Zimbabwe. In order to establish the best practices in other jurisdictions, reference will be made to the East African Court of Justice, the European Union (EU) and the European Court of Justice (ECJ). The discourse will conclude by advocating the adoption of a revised Protocol on the SADC Tribunal in order to clarify the nature of the relationship between the SADC Community Law and the domestic Laws of SADC member states. Keywords: SADC Tribunal; SADC Community Law; direct applicability; supranationality.

Moses Retselisistoe Phooko - One of the best experts on this subject based on the ideXlab platform.

  • Revisiting the Monism and Dualism Dichotomy: What does the South African Constitution of 1996 and the Practice by the Courts tell us about the Reception of SADC Community Law (Treaty Law) in South Africa?
    African Journal of International and Comparative Law, 2021
    Co-Authors: Moses Retselisistoe Phooko
    Abstract:

    The jurisprudence of the (suspended) SADC Tribunal shows that the Tribunal was prepared to utilise the principles of democracy, human rights and the rule of Law contained in the Treaty of the Southern African Development Community (SADC Treaty) to ensure that SADC member states fulfil their treaty obligations. The decisions rendered by the SADC Tribunal and the participation of the South African former President in a process that halted the functioning of the Tribunal have brought interesting legal developments in the South African legal system in so far as the reception and application of SADC Community Law in South African municipal Law is concerned. The argument presented in this article is that the recent seemingly monist approach by the courts represents a major shift from a prescribed procedure provided for in the Constitution of South Africa, 1996 (the Constitution). The practice by the courts further ignores the dualist nature of South Africa's legal system. The main question presented in this discourse is whether a departure by the courts from a constitutionally mandated procedure of domesticating SADC Community Law into municipal Law signifies a new and settled norm which entails that South Africa now follows a hybrid system (i.e. monism and dualism) of treaty incorporation? In light of this possible legal uncertainty, I propose that South Africa adopts a harmonisation theory to address the legal gap created by the courts.