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аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №1
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
The need for enforcement
As the Court of Justice said in 1963, in the landmark case of Van Gend en
Laos NederlandseAdministratiederBelastingen (case 26/62), the European
Community
constitutes a new legal order in international law, for whose benefit the
states have limited their sovereign rights ... and the subjects of which
comprise not only the member states but also their nationals.
Whilst some may dispute the unique nature of this new legal order (see
Wyatt, D., 'New Legal Order or Old?' (1982) 7 EL Rev 147) there is no doubt
that the law stemming from the three EC treaties comprising the European
Coal and Steel Community (ECSC) Treaty 1951, the Euratom Treaty 1957 and
the European Economic Community (EEC) Treaty 1957, renamed the Economic
Community (EC) by the Treaty on European Union 1992, differs from
traditional international law in a number of important respects. First, the
Treaties, particularly the EC Treaty, are much more extensive in their
scope than most international agreements, embracing many areas of activity
normally reserved to national law alone; secondly they created a strong
framework of institutions, endowed with the power to make laws, binding on
states and individuals, on all matters within their scope; and thirdly, and
as a result of the first two factors, EC law is exceptional in the extent
to which it penetrates domestic law, creating rights and obligations
enforceable by and even against individuals before their national courts.
These characteristics, taken together, have resulted in an immense and ever-
growing body of Community law, existing alongside and often conflicting
with domestic law, and enforceable, directly or indirectly, within domestic
legal systems.
Because of its 'special' nature the enforcement of EC law raises
particular problems for English lawyers. It requires a new approach to
interpretation; the application of new techniques and principles; the
modification of national actions taken by the institutions of the
Community. They shall facilitate the achievement of the Community's tasks.
They shall abstain from, any measure which could jeopardise the
attainment of the objectives of this Treaty.
Enforcing EC Law. Josephine Steiner. Blackstone Press Limited, 1995
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Dear Mr. Minister:
It was a pleasure to meet you during our recent visit to Moscow. I was
encouraged with the discussion and look forward to moving ahead to assist
small- and medium-sized businesses in Russia.
Mr. Paul Tumminia, Ex-Im Bank Director-Russia and NIS, will be in contact
with you as to our future plans on this matter.
Please do let us know if you are planning to be in the U.S.
Sincerely,
phone (202)
565-3500 fax (202) 565-3513
811 vermont avenue, N.W.
washington, D.C. 20571
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №2
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Accordingly, judicial activity is essentially the last link in the chain of
the crystallisation of the rule of law ... it is the bridge between the
necessarily abstract legal rule and the necessarily individual nature of
the particular case. Every case is individual and every rule abstract.
This doctrine obliterates any distinction between law and obligation or,
more precisely, legal relationships. The latter constitute only the
specific application of the former. This assimilation of legal material has
a peculiar consequence for the presentation of international law:
The actual content of international law is even more meagre than may
appear from its presentation in text-books, when we consider that most
rules of international law are concerned with a definition of subjective
rights established by particular or general treaty. Rights of this nature
would hardly appear in a presentation of a system of municipal law which is
composed of abstract rules of an objective nature.
There is thus an apparent tension at the heart of Lauterpacht's concept
of law. On the one hand, law lies in the legal relationships established by
the parties inter se, while yet equally on the other hand, law comprises
precepts which exist independently of the parties' will.
Further, Lauterpacht sees law as an imperative system, that is as a
series of commands directed at the subjects of the legal system to regulate
their behaviour. Given his adhesion to pacta sunt servanda as the
fundamental presupposition underpinning the system, once a state's
agreement is given, whether tacitly or expressly, to a norm then the
resulting rule binds the state independently of its will. Regardless of
whether pacta sunt servanda is a customary norm or initial hypothesis, it
constitutes a command, i.e. a rule existing independently of the will of
the parties. It is of no consequence that in the international sphere the
command does not issue from a political superior. Law may be a command
without being the command of an organized political community ... law may
be a command merely by virtue of its external nature.
Moreover, Lauterpacht's array appears to be conditioned by that of
Kelsen, for whom 'the legal duty is the central and only essential element
of the legal system'. It must be conceded that, albeit in the context of a
discussion of the Permanent Court' competence, Lauterpacht stated that
'like the bulk of the rules of private law, the rules of international law
are primarily of a permissive character.
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
To: Ms Rodoula Ath. ZICCI
Deputy Minister of National Economy
28 January 2000
Dear Ms Zicci
Herewith I am glad to write in accordance with my forthcoming visit to
Greece as a participant to ASIA FORUM 2000 which is to be held in
Thesalloniki on 7-8 February.
I was a great pleasure to meet you during my visit to Athens in July.
Taking the chance of going to Greece I would greatly appreciate if you
could find a few minutes in your dense business schedule and meet me and
discuss the issues of mutual interest.
Thank you in advance for your kind cooperation and assistance.
Looking forward to meeting you, I remain
Sincerely yours
Gennady Bogachev
Deputy Minister
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №3
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
At present, only Germany and Portugal have a coherent group law, while
other states make do with a few isolated rules scattered in their national
company laws. The draft will define when a group exists. The decisive
factor in this will be the parent company's controlling influence in law or
de facto. Based on the German model, the draft will also state that
dominance agreements must be drawn up between the parent company and the
subsidiary, whereby the parent company directly takes over the management
of the subsidiary. The 'price' for this is to be a closely defined
indemnification of the subsidiary's minority shareholders and creditors. It
is regrettable that it has proved impossible so far to establish a uniform
group law in the Union, because the uncertainty surrounding the state of
law for a transnational group is considerable. Development in European
group law is virtually at a standstill, and many would welcome the adoption
of the Ninth Directive, perhaps in yet another, even simpler form. Until
then, group law will continue to develop in an ad hoc manner.
It is, however, an interesting aspect of this development that in its
case law, the European Court has undertaken a de facto further development
of group law albeit only in certain areas. One of the core questions of
group law that national and/or Community law provisions ought to decide is
the extent to which the group has a right, or perhaps an obligation, to be
considered as an entity. This means that the plurality of legal persons
making up the group will be deemed to be one with regard to rights and
obligations. In a number of situations, the core area of group law is the
important factor when looking at whether the group should be treated as an
entity or as a plurality. Subsequently, the choice arises between separate
or joint treatment of the group's legal persons. In this area, the Court
has demonstrated a flexibility and a will to develop which is scarcely
evident in national legislators. I shall mention only a couple of examples
from the Court's work.
Clearly the dominant principle within group law, as a branch of company
law, is that the individual group company is deemed to be an independent
entity with regard to both rights and obligations. Group companies are not
liable for one another, no set-offs are allowed between one company's trade
debtors and another company's debts, etc. This principle is no obstacle, of
course, to the individual group companies accepting liabilities or
financial guarantees for one another.
European Business Law Review. September/October, 1998
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
To: Mr Joe Smith
Director General
Fair Trade Commission
USA
Re: New Informational and Communication Technologies. Review and
Perspectives
20 August 1999
Dear Mr Smith
We have the pleasure to invite you to participate in the International
Conference
" New Informational and Communication Technologies. Review and
Perspectives".
This high-level International Conference will take place in London, 8-9
November 1999. It will host participants from competition authorities
representing foreign and international organizations, governmental,
academic and business circles.
The working languages of the Conference are English and French.
We would highly appreciate your participation in this event.
For further details please contact Ms Johnston (tel.: 456 899 01)
William Brandt, Minister
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №4
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Law and the Rule of Law
Lauterpacht located the International Court at the centre of the
international legal order, arguing that the Court's original and primary
purpose was to decide disputes between States and, by fostering the rule of
law among them, to contribute to international peace. That purpose has not
wholly materialized owing to the political conditions prevailing after the
Second World War and to the reluctance of Governments to confer upon the
Court the requisite jurisdiction. These conditions are not necessarily of a
permanent character ... It is that purpose which, notwithstanding temporary
setbacks, must remain the abiding purpose of the judicial organization of
the community of nations under the rule of law.
Within this structure, legal officials, such as judges, play an
indispensable role in securing the Rule of Law as when they apply the
necessary abstract rule of law to the concrete case, they create the legal
rule for the individual case before them.
The object of law to secure order must be defeated if a controversial
rule of conduct may remain permanently a matter of dispute ... it is
essential for the rule of law that there should exist agencies bearing
evidence, and giving effect, to the imperative nature of the law. The law's
external nature may express itself either in the fact that it is a precept
created independently of the will of the subjects of the law, or that it is
valid and continues to exist in respect of the subjects of the law
independently of their will.
The importance of the judicial function permeates Lauterpacht's concept
of law. This is expressed in his argument for obligatory jurisdiction that
is itself a consequence of the emphasis which Lauterpacht gives to the
gradual concretization of law. Apart from the search for a basic norm, this
is the most prominent aspect of Lauterpacht's concept of law which is
primarily associated with Kelsen. Norms are relatively indeterminate as
they cannot specify all the conditions for their application.
The actual operation of the law in society is a process of gradual
crystallization of the abstract legal rule, beginning with the constitution
of the State, as the most fundamental and abstract body of rules, and
ending with the concrete shaping of the individual legal relation by a
judgement of a court, or by an adjudication or decision of an
administrative authority, or by an agreement of the interested parlies.
lain J. M. Scobbie. The Theorist as Judge. European Journal of
International Law. Vol. 8 No 2, 1997.
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
INTERNATIONAL & PUBLIC RELATIONS DEPT.
Athens, 29 December 1999
Mr. Alexey PROKOFIEV
Vice Minister
Subject: EOMMEX's data base
Dear Sir,
The Hellenic Organization of Small and Medium Sized Enterprises and
Handicraft (EOMMEX) is the Public Body supporting the SME's in Greece
supervised by the Ministry of Development.
EOMMEX, is trying to enrich it's data base with all the existing
nformation, in order to help the Greek SME's develop transnational co-
operations.
Therefore, we would very much appreciate if you would send us all the
available information concerning the following topics :
1. The existing legislation on foreign investment.
2. The incentives that could attract foreign investments (e.g. current tax
system e.t.c.).
We would like to thank you in advance for your kind co-operation.
Sincerely yours,
Kl. Stavrakakis Director
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №5
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
THE SCOPE OF COMMUNITY LAW
If the goals of the original EEC Treaty were, as its name implied,
primarily economic, they were so in the widest sense. The treaty was from
the beginning much more than a free trade agreement. The Community's
activities, outlined in Article 3 EEC, were to include the elimination of
all internal barriers to the free movement of goods, persons, services and
capital (the common or single 'internal market', see now Article 7a EC);
the approximation of the laws of member states to the extent required for
the proper functioning of the common market (Article 100 EEC); the
harmonisation of indirect taxation (Articles 95-99); the establishment of
common policies in the spheres of agriculture and transport and the
creation of a Community competition policy. States were to co-ordinate
their economic policies 'in order that disequilibria in their balances of
payments might be remedied'. In the field of external affairs the Community
was to establish a common customs tariff and a common commercial policy
towards countries outside the EEC ('third countries') and to 'associate
with overseas countries in order to increase trade and to promote jointly
economic and social development'. The Community thus had extensive internal
and external competence in economic matters.
But even at the outset the goals of the EEC were not purely economic. The
preamble of the EEC Treaty expressed the resolve of member states 'to
ensure the economic and social progress of their countries'; their
essential objective being the 'constant improvement of the living and
working conditions of their peoples'. Articles 117-128 provided for action
in the field of social policy, requiring states to promote improved working
conditions and improved living standards for workers. Article 119 provided
a principle of equal pay for equal work for men and women, the purpose of
which, according to the European Court, was both economic, to remove the
competitive advantage of a (normally) cheaper workforce in states which
failed to provide for equal pay.
If the sphere of Community competence was large even at the Community's
inception, it has been greatly extended since then, either by action by the
EC institutions under Article 235, which allows the institutions to 'take
the appropriate measures' if action by the Community 'should prove
necessary to attain ... one of the objectives of the Community and this
Treaty has not provided the necessary powers', or by amendments to the EEC
Treaty provided by subsequent treaties, the Single European Act (1986) and
the Treaty on European Union (the Maastricht Treaty (1992)).
________________________
EC European Community
EEC European Economic Community
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Dear Mr. Minister:
It was a pleasure to meet you during our recent visit to Moscow. I was
encouraged with the discussion and look forward to moving ahead to assist
small- and medium-sized businesses in Russia.
Mr. Paul Tumminia, Ex-Im Bank Director-Russia and NIS, will be in contact
with you as to our future plans on this matter.
Please do let us know if you are planning to be in the U.S.
Sincerely.
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №6
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
In relation to the EU's tender regulations, the Court has established
that when a parent company submits a tender for a public contract and must
document expertise and experience in the relevant area (eg building and
construction work), the parent company may also include the expertise
possessed by one or more of its subsidiaries rather than by the parent
company itself, provided that it is proved that the parent company
'actually has available the resources of those companies which are
necessary for carrying out the works'.
With regard to the EU's non-competition rules, when a competitor has
complained of competition distorting group agreements and practices, the
Court has deemed several companies acting as one entity to be one entity
under the non-competition rules. The Court ruled that when subsidiaries are
completely unified with the parent company in their polices, they and the
parent company constitute a single economic unit in the sense of Art 85 of
the Treaty. It follows they the group's policy (eg co-ordinated price
policy) does not constitute distorting agreements or practices among
undertakings for the simple reason that these are not undertakings, but a
single undertaking irrespective of the formal division into a number of
companies.
With regard to the EU's Television Broadcasting Directive, the Court has
ruled that a television group is domiciled, and thus governed, by the
television legislation in the state where the centre of its activities is
located [programming etc). This means that the Court identifies all group
companies and considers them as a single entity, irrespective of whether or
not the broadcasting activities are formally divided among a number of
companies across a number of states. In practical terms this means that
each subsidiary is seen as a branch, and this makes the Court's decision
worthy of note. See also the Court's Decision of 10 September 1996. These
judgments (and there arc more) are all identifications to the advantage of
the group. But a small number of cases where the identification
disadvantaged the group may also be mentioned. The Court has affirmed that
legal action may be brought against a parent company in another state where
its subsidiary was domiciled, because the Court deemed it to be the parent
company which in real terms was conducting its business in another state,
using its subsidiary merely as an extension of itself.
___________________
EU European Union
European Business Law Review. September/October, 1998
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
Der President
10965 BERLIN
des Bundeskartellamtes
18 December 1998
Minister
Gennadiy Khodirev
Dear Minister,
I am writing today to invite you to our 9th International Conference on
Competition, which will be held on 10 and 11 May 1999 at the Hotel
Intercontinental Berlin, the venue of our last conference.
The subject of the 9th International Conference on Competition is:
Mega-mergers –
I would be very pleased to welcome you to Berlin as a participant at our
9th International Conference on Competition. As in previous conferences, a
simultaneous translation will be in German, English and French.
Yours sincerely,
Wolf
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №7
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Despite Article 5, states, sometimes deliberately, sometimes
inadvertently, not infrequently failed to fulfil their Community
obligations. Whilst procedures were provided under the Treaty for action by
the Commission or by member states before the Court of Justice against
states which had 'failed to fulfil their obligations' under Community law
(Articles 169 and 170, see Chapter 11), these provisions proved
insufficient on their own to secure the effective enforcement of EC law,
for a number of reasons.
First, the Commission (or member state) may simply be unaware of breaches
of Community law by member states. In a Community of twelve it is not
possible for the Commission, with limited resources, effectively to monitor
the laws and practices of all member states.
Secondly, although any person may complain to the Commission of suspected
infringements of EC law by member states and request the Commission to act
under Article 169, and the majority of Article 169 proceedings have been
found to result from such complaints, an individual has no power to compel
the Commission to act under Article 169. The Commission has a complete
discretion in this matter. The enforcement of EC law against member states
by Community institutions is a sensitive matter. The Commission may choose
not to proceed against insignificant failures. Where the breach is clear,
and significant, the Commission can, and often does, achieve compliance-by-
negotiation at the preliminary stages of the Article 169 procedure; it will
not then be necessary to proceed to the final stage before the Court. Yet
Individuals may have suffered damage as a result of member states' prior
actions in breach of EC law. They may have paid levies which were
wrongfully imposed; or deprived of rights, for example under Directives,
which they would have enjoyed had states fulfilled their Community
obligations.
Thirdly, even where the Commission proceeds to action before the Court
under Article 169 and obtains a judgment under Article 171 that the state
has 'failed to fulfil its Community obligations' the Court has no power to
impose sanctions to guarantee compliance. The state is simply required to
'take the necessary measures' to comply with the Court's judgment. If the
State fails to take the necessary measures the Commission must resort to
fresh Article 169 proceedings for the state's failure to comply with the
Court's judgment under Article 171.
_________________________
EC European Community
Enforcing EC Law. Josephine Steiner. Blackstone Press Limited, 1995
Task II. Translate the letter from English into Russian without a
dictionary. Your time is 5-7 minutes
H.E.
Mr. Gennady Bogachev
Deputy Director
Dear Mr. Bogachev,
I want to thank you for your participation in the Political and Economic
Leaders Summit of 7-8 February, in Thessaloniki, in the frame of ASIA FORUM
2000.
You will soon receive a short report with the conclusions. We proceed also
to the publication of the Proceedings.
We have started the preparations for the Business Meeting and Exhibition of
23-28 May. We hope to have your support in motivating enterprises and
businessmen to participate in the event.
We shall ask your active involvement in the May event very soon.
Thanking you once again, I remain
Sincerely yours
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: международное право; европейское право)
БИЛЕТ №8
Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
A Protocol on Social Policy attached to the treaty, from which Britain
opted out, declared as its objectives the promotion of employment, improved
living and working conditions, proper social protection, dialogue between
management and labour, the development of human resources with a view to
lasting high employment and the combating of exclusion (Article 1).
The Community was required to develop trans-European networks (Article
129b EC) and to contribute to the development of education and vocational
training and the flowering of European culture (Articles 126, 127, 128 EC),
albeit in these latter cases in a supporting role, 'supplementing' and
'encouraging' the actions of member states, pursuant
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