Character of effet utile and interpretation of EU law through CJEU jurisprudence

ABSTRACT: In the context of EU law interpretation, the reference to effet utile has contributed to the construction of EU order as a new legal order due to the lack of uniformity between laws of different member states characterized by autonomy, direct applicability and primacy over national rights. As we can see from the analysis of CJEU jurisprudence the effet utile is not only a criterion for the resolution of conflict between internal rules and Union norms or more broadly a tool for defining the areas of EU and states competence

PROTECTION OF COMPETITION THROUGH THE PRINCIPLE OF LEGAL CERTAINTY - THE ROLE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

The present work is concentrated on the analysis of the rule of reason of law in European Union law and especially in the sector of european competition law, where the rule of reason is a guarantee of the crystallization of the rules that constituted the normative basis for the law to access to the market, to the tariffs of regulated services rather than to the management of infrastructures, etc. The rule of reason stands as predictability of the consequences of behavior as we see from the analysis of the Court of Justice of the European Union and especially according to the preliminary ruling trying to guarantee the principle under examination as fundamental of the good functioning of the European market, both in the access phase and in the operational phase, to the point that any other Community law is applied only in coherence and full compatibility with the latter

Assessment and Management of Hypertension among Patients on Peritoneal Dialysis

Approximately 7%-10% of patients with ESKD worldwide undergo peritoneal dialysis (PD) as kidney replacement therapy. The continuous nature of this dialytic modality and the absence of acute shifts in pressure and volume parameters is an important differentiation between PD and in-center hemodialysis. However, the burden of hypertension and prognostic association of BP with mortality follow comparable patterns in both modalities. Although management of hypertension uses similar therapeutic principles, long-term preservation of residual diuresis and longevity of peritoneal membrane function require particular attention in the prescription of the appropriate dialysis regimen among those on PD. Dietary sodium restriction, appropriate use of icodextrin, and limited exposure of peritoneal membrane to bioincompatible solutions, as well as adaptation of the PD regimen to the peritoneal transport characteristics, are first-line therapeutic strategies to achieve adequate volume control with a potential long-term benefit on technique survival. Antihypertensive drug therapy is a second-line therapeutic approach, used when BP remains unresponsive to the above volume management strategies. In this article, we review the available evidence on epidemiology, diagnosis, and treatment of hypertension among patients on PD and discuss similarities and differences between PD and in-center hemodialysis. We conclude with a call for randomized trials aiming to elucidate several areas of uncertainty in management of hypertension in the PD population

The macro-regional strategies of the European Union: Between European territorial cooperation and multi-level governance

The Editorial Team notifies the readers that the article “The Macro-Regional Strategies of the European Union: Between European Territorial Cooperation and Multi-Level Governance“ of author Dimitris Liakopoulos, published in  Acta Universitatis Danubius. Relationes Internationales, Vol. 11, No. 2 on December 2018, has been retracted. In March 2020, The Editorial Team received a claim of plagiarism, which proved to be true.In the view of The Editorial Team, the article is unacceptable for publication and therefore retracted.The retracted article remains online to maintain the scholarly record, but it is digitally watermarked on each page as “Retracted”.The Editorial Tea

Interactions between European Court of Human Rights and Private International Law of European Union = Interacciones entre el Tribunal Europeo de Derechos Humanos y Derecho Internacional Privado de la Unión Europea

Abstract: The present work is concentrated on the analysis of the jurisprudence between the European Court of Human Rights and the European Court of Justice in the sector of private international law. In particular, it deals with the differences, similarities, influences, impact, etc. in the sector of family law, insolvency and succession according the Regulations and the private international law and last but not least the recognition of sentences by the European Member States.Keywords: European Court of Human Rights, International private law, European Court of Justice, European family law, insolvency, succession.Resumen: El presente trabajo se concentra en el análisis de la jurisprudencia entre el Tribunal Europeo de Derechos Humanos y el Tribunal de Justicia Europeo en el sector del derecho internacional privado. En particular, aborda las diferencias, similitudes, influencias, impacto, etc., en el sector del derecho de familia, la insolvencia y la sucesión de acuerdo con el Reglamento y el Derecho internacional privado y, por último, el reconocimiento de condenas por parte de los Estados miembros europeos.Palabras clave: Tribunal Europeo de Derechos Humanos, Derecho Internacional Privado, Tribunal Europeo de Justicia, Derecho de Familia Europeo, insolvencia, sucesión

The rule of law conditionality. Opportunities and challenges

ABSTRACT: This paper seeks to analyze the rule of law in the Polish case in recent years and above all to lead to a first analysis of the conclusions of the Advocate General of 2 December 2021 which rejected the appeals of Poland and Hungary against the conditionality regime for protection of the Union budget in the event of a breach of the rule of law.This paper seeks to analyze the rule of law in the Polish case in recent years and above all to lead to a first analysis of the conclusions of the Advocate General of 2 December 2021 which rejected the appeals of Poland and Hungary against the conditionality regime for protection of the Union budget in the event of a breach of the rule of law

THE “EFFET UTILE” IN CJEU JURISPRUDENCE

A Equipe Editorial da Revista Vertentes do Direito (RVD) procede à retratação da pesquisa em razão de (i) não atender a política editorial da revista no que se refere ao ineditismo e originalidade, (ii) o artigo ter sido  publicado  em outra Revista cient´ífica Internacional e (iii) ter sido informada que o autor  jamais compôs o quadro de docentes da Tufts University