With the entry into force of Interim Agreement in 2005 between EU and Albania, Albanian judges had obligation to partly apply several provisions agreement (the law) even pre-accession stage. This position was reinforced 2009, with ratification Stabilisation Association Agreement, which laid down government approximate its existing future legislation line acquis ensure proper implementation. Con...

«Constitutional instrument of the European public order»: it is these now-known terms that Court Human Rights (hereinafter - Court) qualified in 1995 Convention for Protection and Fundamental Freedoms Convention), a decision issued by Grand Chamber. Should we conclude from this will be equated with Constitution, constitutional court? Judges as guarantors rights freedoms, courts influence each o...

In the European Union a growing number of citizens are receiving medical treatment in a country other than the one in which they are resident. This concerns migrant (frontier) workers, emergency treatment and preauthorized care. Since 1998 a 'new category' can be discerned of persons going abroad without prior authorization on the basis of the Decker and Kohll rulings of the EC Court of Justice...

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland a...

BACKGROUND the European Court of Justice (ECJ) is considered by many to be the most important judicial institution of the European Union today. Despite the potential importance and relevance of the ECJ rulings to the lives and rights of older Europeans, no research has attempted to analyse or to study the ECJ rulings in this field. OBJECTIVE to describe the ECJ case-law in the field of elder ...

After having briefly presented some institutional aspects of the Court Justice European Union, present report analyses forty its leading cases in order to assess general characteristics legal reasoning developed by interpreting Treaties. The underlines importance teleological interpretation and arguments from precedents, frequency cogency based on principle rule law, difficulty for referring po...

England's Court of Appeal, Civil Division, upheld the lower court decision that, without the necessary written consent of the deceased husband, the 1990 Human Fertilisation and Embryology Act prohibits the storage of his cryopreserved sperm and its use in artificial insemination by the widow. When doctors retrieved sperm from Stephen Blood, he was already comatose from meningitis and would die ...

In 2009, around 24,000 girls in India were enrolled in a human papilloma virus (HPV) vaccination program that was later reviewed to investigate allegations of informed consent irregularities and inadequate monitoring. If the allegations are found to be correct, the clinical trial will have violated core human rights, including the right to health. Unfortunately, such irregularities are not unhe...