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 …
Jurisprudence : Realism in Theory and Practice
"Jurisprudence: Realism in Theory and Practice" compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors - social, cultural, historical, and psychological, to name a few - are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, "The Common Law", is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic study is a foremost historical work on legal theory, and is essential for understanding the roots of this influential perspective.