bluuebunny/crossref_metadata_2025_split huggingface dataset:
Jean Monnet Projects and the Possible Impact on Chinese Youth’s Perception on the EU
Authors: Li Zhuyu , Shi Jian , Langjia Zeren , Yi Dan 
Published: April 2022

The European Commission celebrated the 30th anniversary of the Jean Monnet Activities in 2019. Thus, it is the optimal time to review the impact of Jean Monnet activities on external perception on the EU and its integration. The article, with its focus on Chinese youth’s perception, has employed comparative analysis of 5446 effective samples of the Survey on ‘How Chinese College Students Perceive the EU’, which was conducted among twenty-three universities around the country during the 2016-2017 academic year. The article concludes that firstly, Chinese college students mainly take in information in a more passive fashion and their opinions on foreign affairs including EUrelated issues are overwhelmingly influenced by domestic macro-media reports or education; secondly, while students from universities with and without JMPs (Jean Monnet Projects) hold less divergent views on the general information about the EU and international relations in a wider sense, those respondents from universities with JMPs do perform better when it comes to EU-specific knowledge, such as the number of EU Member States, its motto and its institutional composition; thirdly, the comparative study on universities with and without JMPs has demonstrated that JMPs have produced some influence, but the impact is particularly limited, which is woefully insufficient to shape the general perception of Chinese college students on EU-related issues; and finally, Chinese college students come to be rather conservative regarding the items that imply a certain sense of politics, and this type of conservative tone, along with certain sort of nationalist sentiment, is deeply ingrained. The article ends with some policy recommendations.
The EU, Jean Monnet Projects, Impact, Chinese youth, Perception
The European Commission’s Discourses on Sustainable Development in ‘Trade for All’: An Argumentative Perspective
Authors: Kuang Shuxiao 
Published: April 2022

The Transatlantic Trade and Investment Partnership (TTIP) negotiations triggered unprecedented contestation over the European Union’s (EU’s) domestic policy space for sustainable development. Whilst extant studies reveal the conflicts between norms and institutions of EU trade politics on sustainable development, and highlight the significance of sustainability in countering neoliberalism, they seldom analyse the incremental steps toward sustainable development achieved by the contestation of TTIP. This article addresses that gap by drawing on an analytical framework that regards political discourse as argumentation for action, which is both constrained and enabled by institutional context (I. Fairclough &amp; N. Fairclough, Political Discourse Analysis: A Method for Advanced Students (Routledge, 2012a).). Based on a textual analysis of policy documents on ‘Trade for All’, there are two significant findings: (1) the public contestation on TTIP triggered the European Commission’s (the Commission) practical arguments on sustainable development in ‘Trade for All’ trade strategy; (2) the Commission adapted its original proposal of measures on sustainable development in light of other actors’ criticisms in the implementation of ‘Trade for All’. Taken more broadly, this innovative analytical framework, and my empirical findings, will make a contribution to a research agenda which clarifies obstacles and opportunities for alternative, counter-hegemonic trade policies.
European Commission, Sustainable Development, TTIP, Trade, Political Discourse, Practical Argument
Product Liability in the United Kingdom
Authors: Howells Geraint G. 
Published: April 2022

Abstract. The author has mixed views on product liability, which whilst giving justice to some consumers depends of the forensic lottery and the ‘good fortune’ of being injured by the product of a solvent producer. Yet he argues that the EC directive and its UK implementation are far from perfect and are in need of reassessment in 1995.
Résumé. Les différents regards que porte l’auteur sur la responsabilité du fait des produits lui permettent de retenir que la justice qui est rendue aux consommateurs dépend de la loterie judiciaire et de la ‘chance’ d’avoir été atteint par le produit d’un producteur solvable. Dès lors il estime que la directive communautaire et son implantation au Grande Bretagne sont loin d’être parfaits et nécessitent d’être réévaluées en 1995.
Zusammenfassung. Der Autor hat einige Gesichtspunkte zur Produkthaftung zusammengestellt, die – während sie einigen Verbrauchem Gerechtigkeit zu Teil werden läßt – von einer ‘forensischen Lottery’ und dem ‘guten Glück’ abhängt, durch das Produkt eines solventen Herstellers geschädigt zu sein. Ferner führt er aus, daß die EG-Richtlinie und ihre Umsetzung in England weit von der Perfektion entfemt ist und eine Neubewertung im Jahr 1995 braucht.
The principle of indirect effect of Community law
Authors: Betlem Gerrit 
Published: April 2022

Abstract. Whenever there is a conflict between a provision of national law and a rule of a Community directive in a dispute between two private parties, the question arises which law must prevail. Generally speaking, EC directives can have an impact on domestic law under either the doctrine of direct effect or the duty imposed on national courts to construe their domestic law in conformity with the directive. Under current EC case law, it is not possible for one individual to rely on a directly effective provision of a directive as against another private party: there is no horizontal direct effect. However, directives may nevertheless have a decisive impact on the outcome of the dispute through this canon of interpretation: indirect effect. This article reviews ten years of judicial development of the principle of indirect effect. In particular it examines the relationship between direct and indirect effect, the relevance or not of expiry of the period for transposition of the directive into domestic law and the discretion of the national courts to construe their own laws under the requirements of Community law.
Schlüsselwörter: - Europtiisches Gemeinschaftsrecht –Einwirkung von Gemeinschaftscrecht auf Privatrecht – horizontaler direkter Effekt – Verpflichtung, wirkung nationales Recht in Übereinstimmung mit dem Gemeinschaftsrecht auszulegen
Zusammenfassung. Wo immer in einem Rechtsstreit zwischen zwei Parteien ein Konflikt zwischen einer nationalen Vorschrift und der Regelung einer Gemeinschaftsrichtlinie auftritt, stellt sich die Frage, welches Recht vorrangig ist. Allgemeiner ausgedrückt, Richtlinien der europäischen Gemeinschaft können sich auf nationales Recht entweder aufgrund eines direkten Effektes oder im Rahmen der den nationalen Gerichten auferlegten Verpflichtung auswirken, ihr eigenes Recht in Übereinstimmung mit der Richtlinie auszulegen. Nach gegenwärtigem Gemeinschaftsfallrecht ist es für eine Individualperson nicht möglich, sich auf eine direkte Rechtswirkung einer Richtlinie wie gegenüber einer anderen Privatpartei zu verlassen: es gibt keine horizontale direkte Auswirkung. Gleichwohl haben Direktiven durch eine andere Auslegungsmethode nichtsdestoweniger eine entscheidende Bedeutung in Bezug auf das Ergebnis des Streits: Indirekte Auswirkung. Dieser Beitrag betrachtet zehn Jahre juristische Entwicklung des Prinzips der indirekten Auswirkung. Insbesondere werden die Beziehungen zwischen direkter und indirekter Auswirkung, die Relevanz (oder Nicht-Relevanz) des Ablaufs des Zeitraums der Umsetzung der Richtlinie in natinales Recht und die Diskretion natinaler Gerichte untersucht, ihr eigenes Recht unter Berücksichtigung der Forderungen des Gemeinschaftsrechts auszulegen.
Abuse of rights in civil law tradition
Authors: Gambaro Antonio 
Published: April 2022

Abstract. The doctrine of abuse of rights has a long history but little future. The jurists who developed the jus commune could draw on Roman sources to support the principle that the exercise of one’s rights could not be relied on to justify intentional harm to another. In mediaeval times this principle was mainly used to prevent unsuitable use of building rights and assist in town planning. The requirement of intention was diluted by reference to numerous presumptions. The Napoleonic code avoided the need to rely on the doctrine by including certain zoning and town criteria within the code, but it was called upon later in the nineteenth century as a way of dealing with conflicting interests in the way land was used and the activities allowed on the land. This use of the doctrine was in turn rendered otiose when the tort provisions of the civil code began to be interpreted in an extensive manner which allowed conflicting interests to be weighed in determining the existence of fault liability. The doctrine of abuse of rights has thereafter played only a restricted role in the French legal system. It has been codified in relation to abuse of procedural rights within the justice system.
The experience of other legal systems is similar. Although the principle prohibiting the abuse of rights was codified in Switzerland, Germany and Italy, these provisions have only rarely been relied on in practice. The need to prove intention is too onerous. Other provisions of the codes, such as the requirement of good faith in §242 BGB have enabled an equitable result to be achieved without resort to the doctrine of abuse of rights. It has also been subsumed within traditional principles such as venire contra factum proprium and unconscionability. Indeed the abuse of right theory is too rigid to provide an adequate resolution of the underlying problem: the balancing of conflicting interests. More flexible approaches have rendered the doctrine largely superfluous.
Court of Justice of the European Communities, Case C-89/91, Shearson Lehman Hutton Inc. v TVB Treuhandgesellschaft für Vermögensverwaltung und Beteiligungen GmbH, judgment of
Authors: Janssens Thomas 
Published: April 2022

Abstract. In Shearson Lehman Hutton v TVB (hereinafter “Shearson”), the Court of Justice has clarified the field of application ratione personae of Art. 13 of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968. The Court held that the special rules of jurisdiction on consumer contracts (Section IV of the Brussels Convention) are not applicable to a plaintiff who acts in pursuance of his trade or profession and therefore is not a consumer party to one of the consumer contracts mentioned in Art. 13, par. 1.
Résumé. Dans Shearson Lehman Hutton c./ TVB la Cour de Justice précise le champ d’application ratione personae de l’article 13 de la Convention de Bruxelles sur le compétence et l’exéution des jugements étrangers en matière civile et commercialle du 27 septembre 1968. La Cour juge que les règles spéciales de compétence concernant les contrats conclus par un consommateur (section IV de la Convention de Bruxelles) ne sont pas applicables au demandeur qui agit dans le cadre de son commerce ou de sa profession et n’a donc pas la qualité de consommateur partie au contrat visée par l’article 13, par, 1, même si la créance lui a été cédée par un consommateur.
Fairchild v. Glenhaven Funeral Services Ltd and others, Fox v. Spousal (Midlands) Ltd, Matthews v. Associated Portland Cement Manufacturers (1978) Ltd and others
Authors: Ruda Albert , Tamasauskas Andreas , Hattenhauer Christian , Christodoulou Kostas N. 
Published: April 2022

Abstract: This case concerns three appeals, heard together, which resulted from actions brought by employees who had developed the mesothelioma disease as a result of being exposed at work to asbestos dust. In these actions, the claimants sought compensation against employers who had exposed them to substantial inhalation of asbestos dust or fibres. At first instance, two of the claims were dismissed on the basis that the claimants could not establish, on a balance of probabilities, which of the defendants had exposed the employee to the asbestos dust which caused the disease. In the third case the judge found that, by exposing the claimant to asbestos fibres, the defendant had materially contributed to, and thus caused, the occurrence of mesothelioma. He accordingly apportioned liability between the defendants. The claimants in the first two actions, and the defendants in the third, appealed. Before the Court of Appeal it was common ground that (a) the mechanism initiating the genetic process which culminated in mesothelioma was unknown, (b) the factor triggering off the disease might, with an equal degree of probability, be a single, a few or many fibres, and (c) the condition, once caused, was not aggravated by further exposure – however, the greater the quantity of fibres inhaled the greater the risk of developing the disease. This caused the Court of Appeal to conclude that, since mesothelioma was an indivisible disease triggered on a single unidentifiable occasion by one or more fibres on a single unidentifiable occasion, it could not be proved on a balance of probabilities which period of exposure had caused the disease. The Court accordingly held that the claimant in each case had failed to establish causation against any of the defendants. It accordingly dismissed the appeals in the first two cases and allowed the appeal in the third case. The claimants appealed to The House of Lords, which overturned these decisions. The Law Lords held that, where an employee had been exposed by different defendants, during different periods of employment, to inhalation of asbestos dust, in breach of each defendant’s duty to protect him from the risk of contracting mesothelioma, and where that risk had arisen but, in current medical knowledge, the onset of the disease could not be attributed to any particular or cumulative wrongful exposure, a modified approach to proof of causation was justified. In such cases, evidence that each defendant’s wrongdoing had materially increased the risk of contracting the disease was sufficient to satisfy the causal requirements for his liability. Accordingly, applying that approach and in the circumstances of each case, the claimants could prove, on a balance of probabilities, the required causal connection to establish the defendants’ liability.
Recent case law/Arrêts récents/Aktuelle Gerichtsentscheidungen
Authors: van Schaick Bert , Ruda Albert , Østergaard Kim , Sagaert Vincent , Dacoronia Eugenia , Caterina Raffaele , Petz Thomas , Tvarnø Christina , Tamasauskas Andreas , Cairns Walter , Pironon Valérie , Hünert Matthias , Shúilleabháin Máire Ní , Mota Pinto Paulo , MacGregor Laura , Ribot Igualada Jordi , Hahn Anne-Catherine 
Published: April 2022

In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003. The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges the decisions by subject, so that readers can easily find out whether decisions on their special interest were given in any European jurisdiction or whether decisions on one subject have been taken in various European jurisdictions. In principle, this section does not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section.
The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is reported in the fourth issue, the period from May to August is published in the sixth issue, the period from September to December is reported in the second issue of the next year. In this issue, we report decisions of high courts taken from April to August 2004. As yet, some decisions can only be found on the internet. Therefore, at the end of this section we have listed web sites where one can find European high court decisions. The Board of Editors of the ERPL wants to thank the national contributors to this report, who worked very hard to have their reports ready in time.
EuGH, 30.9.2003, C-224/01, Gerhard Köbler v. Republik Österreich - Liability of a Member State for Damage Caused to Individuals by Infringements of Comm
Authors: Wissink Mark , Cairns Walter 
Published: April 2022

Mr Köbler has been employed since 1 March 1986 under a public-law contract with the Austrian State in the capacity of ordinary university professor in Innsbruck (Austria). He applied for the special length-of-service increment for university professors. He claimed that, although he had not completed 15 years? service as a professor at Austrian universities, he had completed the requisite length of service if the duration of his service in universities of other Member States of the European Community were taken into consideration. He claimed that the condition of completion of 15 years service solely in Austrian universities amounted to indirect discrimination unjustified under Community law.
The Verwaltungsgerichtshof (Supreme Administrative Court) referred to the Court a request for a preliminary ruling, which it later withdrew. It also dismissed Mr Köbler?s application on the ground that the special length-of-service increment was a loyalty bonus which objectively justified a derogation from the Community law provisions on freedom of movement for workers. Then Mr Köbler brought an action for a declaration of liability against the Republic of Austria for breach of a provision of Community law by a judgment of the Verwaltungsgerichtshof, Austria before the Landesgericht für Zivilrechtssachen Wien (Regional Civil Court, Vienna), which referred to the Court for a preliminary ruling several questions.
The Court held that the principle that Member States are obliged to make good damage caused to individuals by infringements of Community law for which they are responsible is also applicable where the alleged infringement stems from a decision of a court adjudicating at last instance where the rule of Community law infringed is intended to confer rights on individuals, the breach is sufficiently serious and there is a direct causal link between that breach and the loss or damage sustained by the injured parties. In order to determine whether the infringement is sufficiently serious when the infringement at issue stems from such a decision, the competent national court, taking into account the specific nature of the judicial function, must determine whether that infringement is manifest.
Secondly, the Court held that a measure such as the special length-of-service increment under Austrian law results in an obstacle to freedom of movement for workers which cannot be justified by a pressing public-interest reason. Finally, the Court decided that an infringement of Community law, such as that stemming in the circumstances of the main proceedings from the judgment of the Verwaltungsgerichtshof, does not have the requisite manifest character for liability under Community law to be incurred by a Member State for a decision of one of its courts adjudicating at last instance.
Recent Case Law
Authors: van Schaick Bert , Ruda Albert , Østergaard Kim , Sagaert Vincent , Dacoronia Eugenia , Caterina Raffaele , Petz Thomas , Tvarnø Christina , Tamasauskas Andreas , Cairns Walter , Pironon Valérie , Hünert Matthias , Shúilleabháin Máire Ní , Mota Pinto Paulo , Ribot Igualada Jordi , Black Gillian 
Published: April 2022

In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003. The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges the decisions by subject, so that readers can easily find out whether decisions on their special interest were given in any European jurisdiction or whether decisions on one subject have been taken in various European jurisdictions. In principle, this section does not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section.
The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period from May to August is published in the sixth issue, the period from September to December is published in the second issue of the next year. In this issue, we publish decisions of high courts taken from January to April 2005. As yet, some decisions can only be found on the internet. Therefore, at the end of this section we have listed web sites where one can find European high court decisions.
Recent case law
Authors: van Schaick Bert , Ruda Albert , Østergaard Kim , Sagaert Vincent , Dacoronia Eugenia , Caterina Raffaele , MacDonald Ross , Petz Thomas , Tvarnø Christina , Tamasauskas Andreas , Cairns Walter , Pironon Valérie , Hünert Matthias , Shúilleabháin Máire Ní , Mota Pinto Paulo , Ribot Igualada Jordi , Black Gillian 
Published: April 2022

In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003. The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges the decisions by subject, so that readers can easily find out whether decisions on their special interest were given in any European jurisdiction or whether decisions on one subject have been taken in various European jurisdictions. In principle, this section does not relate the facts of the decision, nor the personal opinion of the reporter. Discussions on the most important decisions of European courts can be found in ERPL?s case note section.
The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period from May to August is published in the sixth issue, the period from September to December is published in the second issue of the next year. In this issue, we publish decisions of high courts taken from May to August 2005. As yet, some decisions can only be found on the internet. Therefore, at the end of this section we have listed web sites where one can find European high court decisions.
The Board of Editors of the ERPL wants to thank the national contributors to this report, who worked very hard to have their reports ready in time. Ross Macdonald from Dundee University (Scotland) has edited the national reports.