An EU mechanism on Democracy, the Rule of Law and Fundamental Rights. CEPS Paper in Liberty and Security in Europe No. 91/April 2016 Thursday, 21 April 2016

The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession. EU history proved that this ‘Copenhagen dilemma’ was far from theoretical. EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Violations may happen in individual cases, or in a systemic way, which may go as far as overthrowing the rule of law. Against this background the European Parliament initiated a Legislative Own-Initiative Report on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights and proposed among others a Scoreboard on the basis of common and objective indicators by which foundational values can be measured. This Research Paper assesses the need and possibilities for the establishment of an EU Scoreboard, as well as its related social, economic, legal and political ‘costs and benefits’.

Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

A compilation of the laws of Illinois, relating to township organization and management of county affairs : with numerous forms and notes of instruction, supported by adjudicated cases, opinions of the attorney general and rulings of the auditor of public accounts, with an appendix /

Includes index.

Cases on restraint of trade.

Mode of access: Internet.

Impact evaluations of Federal Trade Commission vertical restraints cases /

Item 535

Review of the Government's rights and practices concerning recovery of the cost of hospital and medical services in negligent third-party cases /

"May 1960."

Reports of cases argued and determined in the Supreme Court of Appeals of West Virginia.

Mode of access: Internet.

The South African law reports.

Editors: 1911-1912, Percival Frere Smith; 1913-1924, Gey van Pittius; 1925-1946, R.P.B. Davis.

Reports of cases determined in the Supreme Court of the Territory of New Mexico.

Reporters: v. 1-10, C. H. Gildersleeve; v. 11-13, A. J. Abbott; v. 14-16, P. A. F. Walter.

Reports of cases decided by the Supreme Court of Mississippi.

Publisher and place of publication vary.

Reports of cases determined in the Supreme Court of Judicature of the State of New Jersey.

Publisher and place of publication vary.

Reports of cases in the Supreme Court of Appeals of Virginia.

Some vols. also contain reports of cases in the General Court of Virginia.

Reports of cases heard and determined in the Supreme Court of the State of New York /

Reports cover 1874-1895.

Civil procedure reports : containing cases under the Code of civil procedure and the general civil practice of the State of New York.

Reports cover 1881-1907.

Reports of cases argued and determined in the Supreme Court of the territory of Arizona.

Mode of access: Internet.