LAW

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Legal Terms – Alex Abundanti Cautela
from considerable caution [Latin: ex abundanti cautela] A phrase used to describe any legal action (e.g., the inclusion of a clause in a contract) undertaken as a safeguard against a scenario deemed highly improbable yet not impossible.


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Legal Terms – Ex Aequo Et Bono
in accordance with what is fair and good Consequently, due to equitable considerations and moral integrity. The expression denotes the manner in which an international tribunal may ground its ruling not on conventional law, but rather on principles of justice and fairness to the involved parties. Article 38 of the Statute of the International Court of Justice stipulates that "if the parties concur, the Court may adjudicate a case ex aequo et bono." This provision has never been utilized because, in no case before the Court, have the parties consented to its implementation.


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Legal Terms -European Social Charter
A Charter ratified by the member states of the Council of Europe in 1961, designed to safeguard social and economic rights, including safe working conditions, medical assistance, vocational training, the right to employment, equitable working conditions, safe and healthy work environments, and social welfare services. The 46 European nations that have ratified the Social Charter are required to submit reports biennially, assessing the efficacy of the Charter's implementation within their jurisdictions. Membership is limited to democratic nations.


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Legal Terms - European Union (EU)
The 27 nations that have united to establish an economic community with shared monetary, political, and social objectives. The European Union was established on 1 November 1993 in accordance with the provisions of the Maastricht Treaty. It consists of the three European Communities, augmented by the implementation of a common foreign and security policy (CFSP), necessitating collaboration among member states in foreign policy, security, and justice and home affairs. The founding members of the European Economic Community were Belgium, France, Germany, Italy, Luxembourg, and the Netherlands, which ratified the Treaty of Rome in 1957. The United Kingdom, the Republic of Ireland, and Denmark acceded in 1972, Greece in 1981, and Spain and Portugal in 1986. Following the establishment of the EU, Austria, Sweden, and Finland acceded in 1995; Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia in 2004; Bulgaria and Romania in 2007; and Croatia in 2013. In a referendum conducted in June 2016, the UK people opted to exit the European Union; this decision was officially enacted in January 2020 and became fully effective on 31 December 2020.



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Legal Terms - European Union (Future Relationship) Act 2020
European Union (Future Relationship) Act 2020 The UK Act of Parliament that ratifies and implements the EU–UK Trade and Cooperation Agreement (TCA) established in late December 2020. The Agreement delineates a framework for the future trading relationship between the UK and the EU subsequent to the conclusion of the post-Brexit implementation period on 31 December 2020. It also facilitates restricted collaboration in domains such as energy, transportation, security, law enforcement, and social policy. The Agreement was temporarily implemented on 1 January 2021 and became fully effective on 1 May, subsequent to its adoption by the European Parliament.


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Legal Terms - European Union Trade Mark (EUTM)
A trademark registered throughout the entirety of the European Union. It can be acquired through applications to national trademark authorities or the EU Intellectual Property Office (EUIPO) located in Alicante, Spain. The European Commission enacted Regulation 40/94 concerning the Community Trade Mark on 20 December 1993; UK legislation was incorporated into the Trade Marks Act 1994. On 1 January 2021, EUTMs for the UK were automatically reclassified as UK trade marks subsequent to the conclusion of the post-Brexit implementation period. Marks are registered for a duration of ten years and may be renewed upon the payment of fees. The EUTM was previously referred to as the Community Trade Mark (CTM).


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Legal Terms - European Works Council (EWC)
In multinational corporations within the European Economic Area (EEA), a council with members from both employees and management is constituted at the European level to inform and consult employees on transnational matters. The establishment of such councils stemmed from the European Works Council Directive of 1994, subsequently amended by Directive 2009/38. The directives pertain to enterprises or collectives with a minimum of 1,000 employees throughout EEA member states and at least 150 employees in two or more of those states. The 1994 Directive was enacted in the UK via the Transnational Information and Consultation of Employees Regulations 1999, and the revised Directive was implemented by the Transnational Information and Consultation of Employees (Amendment) Regulations 2010, which became effective in 2011.
The Regulations delineate methods for creating an EWC agreement, enforcement mechanisms, and statutory safeguards for employees who are members of such a group while claiming their rights or fulfilling duties under the Regulations. Following the UK's departure from the EU, the Regulations will remain applicable to those European Works Councils constituted prior to 1 January 2021. Nonetheless, the foundation for such an EWC must be transferred to another EEA member state. The provisions in the UK Regulations for the establishment of new European Works Councils have been removed.


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Legal Terms – eurotort
A directly effective EU law provision, the violation of which entitles the aggrieved individual to seek redress in British courts through a tort action for breach of statutory obligation. This tort will terminate with the UK's exit from the European Union.


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Legal Terms -Euthanasia
The act of terminating life to alleviate suffering. The term encompasses voluntary euthanasia, wherein an individual's life is terminated at their explicit request; non-voluntary euthanasia, applicable when a person cannot articulate their desires (e.g., an infant or an individual in a persistent vegetative state); and involuntary euthanasia, which occurs when a person is killed without their consent or that of any designated representative. Involuntary euthanasia is universally prohibited, but the legality of voluntary and non-voluntary euthanasia generally hinges on whether it is classified as passive or active. Euthanasia is predominantly unlawful and constitutes murder or aided suicide when active measures, such as drug administration, are employed to end life, regardless of the humane intent behind the action. Passive euthanasia, such as the cessation of life-sustaining therapy, is permissible if conducted in the patient's best interest (Airedale NHS Trust v Bland [1993] AC 78 (HL)).


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