In-house lawyers of NRAs may not represent their clients before the European Court of Justice: A case note on UKE (2011). Research Papers in Law, 3/2011

From the Introduction. It is not frequent for a National Regulation Authority (NRA) to bring an action against the Commission decision and, cynically speaking, case Prezes Urzędu Komunikacji Elektronicznej2 v Commission3 shows that the avoidance of a sweeping retaliation may be one of the reasons for it. The General Court followed the Commission‟s argument that, notwithstanding the peculiarities of the employment conditions of the Polish Regulator‟s legal counsel giving it virtually full independence, as well as the fact that the Polish law itself does not differentiate between in-house counsel and third party attorneys, the claim should be rejected on the grounds of inadmissibility. The GC based its judgment on Art 19 of the Statute of the Court of Justice4, which requires that, with the exception of the Member States' Governments and the EU Institutions, parties to the dispute must be represented by a lawyer. In so doing, the Court explicitly referred to the infamous Akzo Nobel Chemicals and Akcros Chemicals v Commission5 and EREF v Commission6. Most importantly, the Court stated that the lawyers representing Prezes Urzędu Komunikacji Elektronicznej (UKE) are bound to enjoy a degree of independence inferior to that of lawyers who are not linked to their clients by an employment contract7.

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.

Refugees and U.S. asylum seekers from Central America : statement of Nancy R. Kingsbury, Director, Foreign Economic Assistance Issues, National Security and International Affairs Division; before the Subcommittee on Immigration, Refugees, and International Law, Committee on the Judiciary, House of Representatives.

"For release ... March 9, 1989."

Law of the sea : hearing before the Subcommittee on Oceans and International Environment of the Committee on Foreign Relations, United States Senate, Ninety-fourth Congress, first session, on achievements of the Geneva session of the third United Nations Law of the Sea Conference, May 22, 1975.

Mode of access: Internet.

Final report of the Select Commission on Immigration and Refugee Policy : joint hearings before the Subcommittee on Immigration and Refugee Policy of the Senate Committee on the Judiciary and Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary, Ninety-seventh Congress, first session, on the final report of the Select Commission on Immigration and Refugee Policy, May 5, 6, and 7, 1981.

Item 1042-A, 1041-B (microfiche)

The law of charitable uses : argument of Wm. Curtis Noyes, before the Court of Appeals of the State of New York, in the case of Beekman, administrator, &c., against the people, &c., and others, in behalf of Thomas Beekman, one of the respondents, with an appendix containing the will.

W. Barthrop's will and codicils: p. 93-102.

The effects of traffic radar guns on law enforcement officers : hearing before the Ad Hoc Subcommittee on Consumer and Environmental Issues of the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, August 10, 1992.

Includes bibliographical references.

Unborn Victims of Violence Act of 2003 or Laci and Conner's Law : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session on H.R. 1997, July 8, 2003.

"Serial no. 39."

Reform of legal immigration [microform] : hearings before the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 5115 and S. 2104 ... September 7 and 16, 1988.

"Serial no. 101."

Review of the drug law enforcement activities of the Forest Service; and the Omnibus Public Lands Act of 1987 [microform] : hearing before the Subcommittee on Forests, Family Farms, and Energy of the Committee on Agriculture, House of Representatives, One Hundredth Congress, second session, on H.R. 3680, July 12, 1988.

"Serial no. 100-92."

Review of implementation of the Agricultural Credit Act of 1987, Public Law 100-233 [microform] : hearing before the Subcommittee on Conservation, Credit, and Rural Development of the Committee on Agriculture, House of Representatives, One Hundredth Congress, second session, April 20, 1988.

"Serial no. 100-71."

Proposed balanced budget constitutional amendments [microform] : hearings before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, first session ... October 15, November 17, and November 18, 1987.

"Serial no. 85."

Reauthorization of the independent counsel law : hearing before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, August 11, 1992.

Shipping list no: 93-0072-P.

A treatise on the law arising before justices of the peace and in business transactions : as administered in courts of record in Ohio, and under the Revised Statutes of 1880 : with practical forms /

Includes index.

Cheaper money for agricultural development in Saskatchewan. Speech delivered by the Honourable Walter Scott ... in the Legislative assembly, and a paper on European systems of co-operative agricultural credit, read before the Standing committee on agriculture and municipal law ...

Mode of access: Internet.