Gender Equality in the Case Law of the European Court of Justice. IES WORKING PAPER 2/2009

The principle of gender equality forms a part of the EU’s social policy and serves equally men and women. So far, fourteen directives concerning gender equality have been adopted in the EU, with the New Equal Treatment Directive as the latest one. The EU has developed different models to promote gender equality: equal treatment, positive action and most recently gender mainstreaming. The equal treatment model is primarily concerned with formal equality and it unfortunately prevails in the ECJ’s rulings. Indeed, this paper argues that so far, the ECJ has not managed to develop a firm and consistent case law on gender equality, nor to stretch it coherently to positive action and gender mainstreaming. It seems that in spite of some progress in promoting the position of women, the ECJ’s case law has recently taken a step backwards with its conservative judgments in e.g. the Cadman case. Overall, this paper aims at summing up and evaluating the most important cases of the ECJ on gender equality.

The Court of Justice of the European Union. College of Europe Research Paper in Law 02/2014

The Court of Justice of the European Union is one of the institutions of the Union. Praised by some as the relentless and steady motor of European integration and attacked by others as an example of a clearly biased institution, more ink has perhaps been spilled over the years on discussing the (de)merits of the Court of Justice than any other Union institution. In face of such considerable literature coming from legal, political science, sociological, and more recently also historical quarters, this chapter cannot but scratch the surface of the vast topic by providing a concise introduction into selected institutional themes in a legal1 and, where possible, diachronic perspective: the structure of the Union courts located in Luxembourg; basic information about the type of judicial business the Court of Justice carries out; the composition of the Court of Justice, including the recent changes made to the way in which judges and advocates-general are selected; the often discussed style and structure of the judgments; and, finally, the even more frequently discussed and recurring question of the legitimacy of the Court of Justice.

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.

Forms of judgments and orders in the high court of justice and court of appeal : having especial reference to the Chancery division, with practical notes /

Includes bibliographical references and index.

Privy council judgments on appeals from India ... 1825-1900.

Editors vary: v. 1-5, edited by Pran Nath Saraswati and Bidhu Bhusan Banerjee; v. 6, by Greeja Sunker Mojoomdar and Bidhu Bhusan Banerjee; v. 7, by Bidhu Bhusan Banerjee and Priya Sankar Majumdar.

Venus Shooting an Arrow Through an Opening of the Tower: detail, from Le Roman de la Rose

Manuscript, French, 15C; tempera, gold leaf, and ink on parchment bound between pasteboard

Venus Shooting an Arrow Through an Opening of the Tower, from Le Roman de la Rose

Manuscript, French, 15C; 1 ft. 2 29/64 in.x 10 15/64 in.; tempera, gold leaf, and ink on parchment bound between pasteboard

Dr. Goldsmith's Roman history, abridged by himself, for the use of schools.

Engraved frontispiece and plates.

Marcus Aurelius; a biography told as much as may be by letters, together with some account of the Stoic religion and an exposition of the Roman government's attempt to suppress Christianity during Marcus's reign,

Bibliography: p. [273]-278.

Reports of cases argued and determined in the Arches and Prerogative Courts of Canterbury, and in the High Court of Delegates : containing judgments of the Right Hon. Sir George Lee /

Title on spine: Lee Arches & Prerogative Courts.

Reports of cases argued and determined in the High Court of Admiralty; commencing with the judgments of the Right Hon. Sir William Scott, Trinity term, 1811[-1822].

Mode of access: Internet.

The archpriest controversy. Documents relating to the dissensions of the Roman Catholic clergy, 1597-1602.

Vol. 2 has imprint: London [etc.] Longmans, Green, and co., 1898.