UPORABA IN UINKOVANJE DIREKTIV S PODROJA VARSTVA OKOLJA V UPRAVNIH IN SODNIH POSTOPKIH APPLICABILITY AND EFFECT OF DIRECTIVES FROM THE SPHERE OF ENVIRONMENTAL PROTECTION IN ADMINISTRATIVE AND LEGAL PROCEEDINGS
The article discusses the principles of direct effect, direct applicability and consistent interpretation, applied for EU directives on environmental protection. It further analyses why it is necessary to apply these principles ex ofcie by state authorities and courts. Environmental protection is mostly regulated with directives which, however, are designed to protect the environment in public interest. This characteristic inuences the understanding of direct effect, since the right of an individual is not in the forefront and hence questions the direct effect's applicability. Still, there is no signicant deviation from general rules on direct effect. Additionally, the author explains that the application of these principles is not only an obligation but often a welcome help as well.
Invocability of substitution and invocability of exclusion : bringing legal realism to the current developments of the case-law of "horizontal" direct effect of directives : Pablo V. Figueroa Regueiro
All rights reserved. No part of this paper may be reproduced in any form without permission of the author. (Brugge, Belgium), is now (hopelessly) preparing the exams for becoming a Spanish Diplomat at the César Carlos College, (Madrid, Spain). The author is heavily indebted to Enrique Carnero Rojo for his brilliant comments and research in the updating of the original version of this paper, which is available at the library of the College of Europe. The author also wants to thank Chris Guirado and Donough Hardiman for patiently revising the English version of this text. Professor Weiler kindly made this publication possible. They are all to be given thanks for the fun they provided the author when writing these pages. J. S. Bach provided the music, X. M. Risco the metaphysical background, the author's parents their support, Arwen her unconscious beauty. The author thanks everybody else just in case someone is forgotten (that includes you, big law genius and huge ego from Donosti, dear Cayus Maximus! and also you, fallen Andersen´s poet G. P Urrutia!, apparently being an accountant accounts for your creativity as a poet). ABSTRACT: This paper tries to show the principles used, explicitly or not, by the ECJ when recognising certain effects to unimplemented directives between individuals, that is, to show the underlying rationale of the current status of the Law. The present state of the matter can only be understood by reference to the changes throughout 30 years of Case-Law. To explain these developments of the law, a reformulation of the theory of the effects of Community Law will be proposed, a reformulation that states that there is a gradation of the possibilities of invoking a Community norm, so that the effects of Community Law can no longer be explained by the twin concepts of Primacy and Direct Effect. 3 " The Boundaries of direct effect therefore continue to appear blurred, the Court of Justice rendering judgements which cannot be explained by any of the propositions mentioned above. (…) what one is left is a line of cases which seem to be allowing for a kind of horizontal direct effect, thus blurring the distinct boundaries of direct effect laid down by the Court itself ". M. LENZ, D. SIF TYNES and L. YOUNG. 2 " People want to know under what circumstances and how far they will run the risk of coming against what is so …
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.