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Freedom of expression, a comparative-law perspective - The United Kingdom

24-10-2019

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document will analyse, with reference to the United Kingdom and the subject at hand, the legislation in force, the most relevant case law and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. In the absence of ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document will analyse, with reference to the United Kingdom and the subject at hand, the legislation in force, the most relevant case law and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. In the absence of formal constitutional protection for freedom of expression, the approach of the UK is residual in nature. That is to say, the extent of a person’s freedom of expression is what is left after statutory and common law (judge-made) incursions into the freedom. Notwithstanding the passage of the Human Rights Act 1998, it remains the case that the UK Parliament is free to modify and restrict freedom of expression.

Freedom of expression, a comparative law perspective - The United States

15-10-2019

This study forms part of a wider-ranging project, which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document analyses, with reference to the United States of America and the subject at hand, the legislation in force, the most relevant case law, and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. The legislative ...

This study forms part of a wider-ranging project, which seeks to lay the groundwork for comparisons between legal frameworks governing freedom of expression in different legal systems. The document analyses, with reference to the United States of America and the subject at hand, the legislation in force, the most relevant case law, and the concept of freedom of expression with its current and prospective limits, ending with some conclusions and possible solutions for future challenges. The legislative foundation for freedom of expression law in the United States is grounded in the First Amendment to the Constitution. Based on this text, the Supreme Court has created the freedom of expression doctrinal framework by which lower courts and other branches of government are bound. Unlike other jurisdictions, the United States grants broad freedom of expression protections based largely on the idea that “good” speech will prevail over “bad” speech in the open market.

Externe Autor

EPRS, Comparative Law

The role of constitutional courts, a comparative law perspective - Canada: The Supreme Court

23-07-2019

This study is part of a wider project investigating, from a comparative law perspective, the role of constitutional courts of different states. Following a brief historical introduction to the jurisdiction of the state in question, the various reports examine the composition, internal organization, functioning, jurisdiction of the various highest courts, as well as the right of access to its courtroom, its procedural rules, and the effects and the execution of its judgments. The present study examines ...

This study is part of a wider project investigating, from a comparative law perspective, the role of constitutional courts of different states. Following a brief historical introduction to the jurisdiction of the state in question, the various reports examine the composition, internal organization, functioning, jurisdiction of the various highest courts, as well as the right of access to its courtroom, its procedural rules, and the effects and the execution of its judgments. The present study examines Canada’s highest court, the Supreme Court. While all judicial courts may rule on constitutional matters, the Supreme Court of Canada enjoys a privileged status in the Canadian legal landscape. As the ultimate arbiter of the Constitution, it has the final word with respect to constitutional interpretation, notably in constitutional matters. It thus plays a central role in Canada’s federal democracy.

Externe Autor

EPRS, Comparative Law

Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective - Canada

06-10-2017

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional ...

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. Essentially, while Canadian citizens benefit from a wide range of rights and proceedings, access to the country’s Supreme Court is restricted due to the limited number of cases the Court chooses to hear every year. More generally, access to justice continues to pose real challenges in Canada. This is not due to judicial failings or a lack of sources of rights per se, but rather to lengthy judicial delays and the often enormous costs of proceedings.

Externe Autor

EPRS, Comparative Law

Openness of public procurement markets in key third countries

04-07-2017

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making ...

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making both within the EU and in its trading relations with key third countries. This assessment concludes that the lack of comprehensive comparable data on procurement contract awards, particularly at the sub-central level, is not a trivial challenge for policy makers. Nevertheless, it is evident that the liberalisation of procurement markets continues to take place on a strictly reciprocal basis – linked to the offensive interests of governments. Given the slow-down in negotiating mega-regional agreements with comprehensive procurement chapters, the WTO Government Procurement Agreement remains the most efficient and transparent forum for undertaking further liberalisation in public procurement.

Externe Autor

Kamala DAWAR, Sussex University, United Kingdom

In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

04-07-2017

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual application before the European Court of Human Rights. In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Externe Autor

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, Freie Universität Berlin, Germany and Ass. iur. Teoman M. HAGEMEYER, Dipl. iur. oec., Ph.D. candidate at the Department of Law, Freie Universität Berlin, Germany

Comparing EU and US Car Emissions Legislation

15-02-2017

This study was commissioned by Policy Department A at the request of the committee of inquiry into emission measurements in the automotive sector (EMIS). It provides a comparative study on the differences between the EU and US legislation on emissions in the automotive sector, covering the emissions standards themselves; the systems for their implementation and enforcement, including approval systems for vehicles; and the respective regimes for prohibiting the use of defeat devices.

This study was commissioned by Policy Department A at the request of the committee of inquiry into emission measurements in the automotive sector (EMIS). It provides a comparative study on the differences between the EU and US legislation on emissions in the automotive sector, covering the emissions standards themselves; the systems for their implementation and enforcement, including approval systems for vehicles; and the respective regimes for prohibiting the use of defeat devices.

Die Rolle der Verfassungsgerichte in der „Multi-Level-Governance“ - Europäische Union: Der Gerichtshof der Europäischen Union

30-11-2016

Ziel dieser Studie ist es, die Rolle und die Zuständigkeiten des Gerichtshofs der Europäischen Union (EuGH) zu untersuchen, die ihm durch die Gründungsverträge, die Satzung und die Geschäfts- und Verfahrensordnungen übertragen werden. Der Schwerpunkt liegt dabei auf den Funktionen, die der Gerichtshof im Zusammenhang mit der Beilegung von Streitigkeiten zwischen den Organen, zwischen Mitgliedstaaten oder zwischen diesen und den Organen der Europäischen Union im Rahmen der Multi-Level-Governance ausübt ...

Ziel dieser Studie ist es, die Rolle und die Zuständigkeiten des Gerichtshofs der Europäischen Union (EuGH) zu untersuchen, die ihm durch die Gründungsverträge, die Satzung und die Geschäfts- und Verfahrensordnungen übertragen werden. Der Schwerpunkt liegt dabei auf den Funktionen, die der Gerichtshof im Zusammenhang mit der Beilegung von Streitigkeiten zwischen den Organen, zwischen Mitgliedstaaten oder zwischen diesen und den Organen der Europäischen Union im Rahmen der Multi-Level-Governance ausübt. Dies soll den Vergleich mit den Zuständigkeiten der Verfassungsgerichte der Mitgliedstaaten erleichtern. Diese Studie wurde von Prof. Dr. Vincenzo Salvatore von der Universität Insubrien (Varese, Italien) im Auftrag des Referats Bibliothek der Rechtsvergleichung in der Generaldirektion des wissenschaftlichen Dienstes (DG EPRS) des Generalsekretariats des Europäischen Parlaments verfasst.

Externe Autor

DG, EPRS; EPRS, DG

Cross-border recognition of adoptions

30-11-2016

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at ...

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.  

Limitation periods for road traffic accidents

07-07-2016

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation ...

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation periods, not only in terms of length of time but also with regard to the beginning of a limitation period, the procedural requirements for stopping the running of a limitation period, and application to minors and disabled people. The EAVA demonstrates that differing rules in the application of limitation periods can generate costs such as additional lawyer's fees and fees for expert evidence on foreign rules. Finally, the EAVA outlines two rules for harmonising limitation periods within the EU in the form of minimum standards that could generate European added value by simplifying the existing legal framework and offering greater legal certainty for victims of cross-border road traffic accidents.

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