Abbasali Kadkhodaii; mersedeh mazloumi
Abstract
With the establishment of the European Union, the concept of traditional sovereignty underwent changes; Because on the one hand there is the issue of the sovereignty of European governments and on the other hand there is the issue of the sovereignty of the European Union. In the past, absolute sovereignty ...
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With the establishment of the European Union, the concept of traditional sovereignty underwent changes; Because on the one hand there is the issue of the sovereignty of European governments and on the other hand there is the issue of the sovereignty of the European Union. In the past, absolute sovereignty was defined for governments; But the developments that took place made it possible to define relative sovereignty for legal entities. There are three approaches to governance in the EU. One approach favors the sovereignty of states over the sovereignty of the Union, and the other approaches the sovereignty of the Union over the sovereignty of European states. The third approach is to take the middle ground that neither of the two is superior to the other; in which that the territory of the Union and the member states are defined as two separate territories that do not conflict with each other. In fact, there is no conflict between the tasks of the Union and the member states; Rather, their tasks are in the interests of each other, and the reason for the formation of the Union from the beginning has been to better serve the common interests of European governments.
Ali Reza Jalali; Mohammad Abouata
Abstract
One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation ...
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One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation and correct way of applying a European law in a european country, with the aim of removing doubts and perplexities. This process ends with the enactment of a preliminary ruling by the Court. If the request for a preliminary ruling by the lower national courts is a consolidated fact, on the other hand the same can not be said for the requests of the Constitutional Courts, which have not reached a common view on the subject. In this article, in addition to the description of the cases of references for preliminary rulings of the Constitutional Courts of countries such as Italy, France, Spain and Germany before the Court of Justice of the European Union, we will try to understand the events concerning these referrals and mutual approaches held by the courts with particular attention to the approach of national Constitutional Courts.
Abstract
Today, International Organizations play an important and effective role in implementing the decisions of the United Nations Security Council. In this way, the conflict between the constituent instrument of International Organizations and The Security Council Resolutions may arise. There are two approaches ...
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Today, International Organizations play an important and effective role in implementing the decisions of the United Nations Security Council. In this way, the conflict between the constituent instrument of International Organizations and The Security Council Resolutions may arise. There are two approaches in this field. 1- The European Union approach, according to it The Internal law of International Organizations has priority on The United Nations Security Council Resolutions. 2- Priority of the Security Council Resolutions according to the article 103 of the Charter of United Nations. The authority, who wants to construe the priority, has an important role in applying one of the two approaches. The European Court of Justice has choosed the first approach in order to maintain its fundamental values against the Security Council resolutions that are in contrast with them and the United Nations practice shows the priority of the latter approach, according to it the Security Council resolutions are the integral part of the Charter's obligations.
Mehdi Zahedi; Mohammad Hossein Erfan Manesh; Mahmoud Abasi
Abstract
Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no ...
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Undoubtedly, one of the most significant changes in the patent system is the recent EU Member States’ agreement on signing and approving the regulations concerning new unitary patent system. On the basis of this agreement, after the grant of patents by European Patent Office, there would be no need for patentees to validate their patents for which unitary effect has been requested in the territory of participating EU Member States. This agreement also includes the creation of Unified Patent Court with exclusive jurisdiction over unitary patents and European patents throughout member States. Due to the importance of this agreement, the identification and clarification of its legal and economic impacts on the policies of the industries and companies in regard to research, innovations and commercialization of patented inventions is deemed to be imperative. This Article tries to study the details of this agreement and analyses legal consequences of the establishment of the new patent system in Europe.
Rahmatollah Farokhi; Mohammad Hossein Ramazani Ghavam Abadi; Seyd Ghasem Zamani
Abstract
European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law ...
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European Court of Justice (ECJ) is the judicial body of the European Union (EU). Since its founding in 1952, ECJ has always played a prominent role in the development of the EU law. What has been studied in this article is the role of ECJ in transition of the EU law from duality (between national law of member states and EU law) to legal monism with the superiority of EU law. In implementation of its effective role, the ECJ has utilized different instruments such as Interpretation of EU law under the preliminary rulings, addressing the infringements of the EU law, recognizing the general principles of law in the form of case law, and also the principle of proportionality of regulations and domestic politics to promote the position of EU law in relation to municipal law of member states. This research partly reveals the process of EU legal integration, through the study of the ECJ case law
