December 1998

18 December 1998

Minister

Gennadiy Khodirev

Dear Minister,

I am writing today to invite you to our 9^th 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 9^th International Conference on Competition is:

Mega-mergers –

I would be very pleased to welcome you to Berlin as a participant at our 9^th 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)

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)

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 to the principle of subsidiarity.

As well as amending the EC Treaty the treaty on European Union provided for co-operation with a view to the framing of common policies in the fields of foreign and security policy, and eventually defence, and in justice and home affairs. These matters remain strictly intergovernmental, in the nature of a 'normal' international agreement and outside the institutional framework of the EC treaty; as such they will not be subject to the jurisdiction of the European Court, nor will they be the concern of the British courts. When member states are acting under these provisions they are acting as members of the European Union. The term 'European Community' will continue to apply to matters pertaining specifically to the EC treaty.

It is clear from the above brief outline that the scope of the law stemming from the EC treaty, and of Community competence, is now extremely wide. Within this area of competence the Community institutions have power, subject only to the limitations provided by the treaty, to pass laws, binding on states and individuals. As well as provisions of the EC Treaty which may be enforced by national courts, there now exists a substantial body of EC secondary legislation in all the areas of activity outlined above, fleshing out the basic principles of the treaty. Much of this law is directly enforceable within national legal systems. Where it is not it may be necessary for national courts to take it into account in interpreting national law. The Index of Community Activities listed in the Directory of Community Legislation in force. Official Journal (OJ) of the European Communities, indicates the range of Community law. All EC secondary legislation is published in the Official Journal (L) series; it is listed, analytically (Volume I) and chronologically (Volume II), with the appropriate OJ reference, in the Directory itself.

________________________

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

February 25, 2000

Mr. Alexander Ivanov

President

MICEX

Moscow

RUSSIA

Dear Mr. Zakharov:

Please find enclosed the proposed Joint Statement on Technical Assistance which I received yesterday from the U.S. Commodity Futures Trading Commission ("CFTC").

We understand that your office will undertake to forward this document to Chairman Parkov.

If the Russian finds the proposal acceptable, we should notify Ms. Corcoran of that fact.

We look forward to your future communications on this matter. Best regards.

Sincerely yours,

Jeffrey A. Burt

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)

Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

Lauterpacht argues that in avoiding a declaration of non liqiiet by filling material gaps in the law the judge is necessarily creative:

The rejection of the admissibility of non liqiiet implies the necessity for creative activity on (the part of international judges. Legal philosophy in the domain of municipal jurispru­dence has shown the possibilities and, indeed, the inevitability of the law-creating func­tion, within defined limits, of the judge within the State.

The development of international law by the International Court, its secondary function, is, for Lauterpacht, clearly and expressly connected with the doctrine of gradual concretization. In exercising this function, the Court is not bound to base its decision simply on the arguments and considerations raised in the parties' pleadings as in interpreting and applying concrete legal rules the Court does not act as an automatic slot-machine, totally divorced from the social and political realities of the international community. It exercises in each case a creative activity, having as its background the en­tirety of international law and the necessities of the international community. The dis­tinction between the making of law by judges and by the legislature is upon analysis one of degree ... judicial activity is nothing else than legislation in concreto ...

But this is legislation within limits. The creativity of international judges must stop short of interference with established rights. If these are a cause of friction, then they might be a fit object for legislative change, but legisiation cannot be let in by a backdoor by transforming the nature of the judicial function'. Moreover, even where the judiciary is creative, its rulings are themselves relatively indeterminate: Judicial legislation is not - and ought not to be - like legislative codification by statute. It cannot attempt to lay down all the details of the application of the principle on which it is based. It lays down the broad principle and applies it to the case before it. Its elaboration must be left in. addition to any doctrinal elucidation of the law by writers, to ordinary legislative processes or to future judicial decisions disposing of the problems as they arise.

The clear conclusion to be drawn is that Lauterpacht views the international judicial function as one which is law creative, rather than as merely the elucidation of the specific legal relationships which obtain between the parties.

Iain J. M. Scobbie. The Theorist as Judge. European Journal of International Law. Vol. 8 No 2, S997.

Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

athens travel service

2-4 Alopekis sir., 10675 Alhens

Tel: 00301-33 3 5254*Fax:00301-333 5256

Date: 07/08/00

To: Mr A.Egorov

From: C.Vakali

Ref: Eommex group 20/8-03/9/00

With reference to the above group, we would like to inform you with the following.

SCHEDULE

OA 352 20/8 Moscow-Athens 1450-1725

OA 351 03/9 Athens-Moscow 0930-1355

You are kindly requested not to issue tickets for those not travelling. All issued unused tickets must be delivered to our representative at the airport otherwise you will be charged. Upon your arrival at the Athens airport you will be met bv our representative, holding a sign:

EOMMEX

ATHENS TRAVEL SERVICE

We would like to know which person will be in charge as head of the group during their stay in Greece.

The group will stay at the Training Center of the National Bank.

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)

Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

The EFTA Court. The EEA Agreement also required the EFTA states to create an EFTA Court, which was created with effect from I January 1994. It consists of five judges appointed for a six-year renewable term. It sits only in plenary session, although it could request the EFTA states to permit it to establish chambers. There are no Advocates-General. The sole working language is English except where the Court directs otherwise and where national courts refer questions for interpretative opinions³. Its seat is in Geneva.

The jurisdiction of the EFTA Court. The forms of process before the EFTA I Court fall into five categories:

(a) Infringement proceedings raised by the. EFTA Surveillance Authority against an EFTA state, analogous to article 169 of the EC Treaty.

(b) Settlement of disputes between EFTA states relating to the EEA, analogous to article 170 of the EC Treaty.

(c) Actions to annul a decision of the EFTA Surveillance Authority, analogous to articles 173 and 174(1) of the EC Treaty. The first such action was raised in April 1994.

(d) Actions against the EFTA Surveillance Authority for failure to act, analogous to article 175 of the EC Treaty.

(e) Advisory opinions to national courts of EFTA states. But it is important to note that there are significant differences between this procedure and article 177 of the EC Treaty. First, because the EEA Treaty does not require the transfer of legislative authority to any EEA institution, advisory opinions of the EFTA Court are, unlike preliminary rulings from the Court of Justice, non-binding. Second, an advisory opinion may be sought only upon the interpretation of the EEA Treaty, and not upon the interpretation or validity of acts of the institutions. Further, there is no obligation to seek an advisory opinion, even for courts of last instance, and national rules may restrict access to the procedure to courts of last instance". The first request for an advisory opinion, from a Finnish cus­toms appeal committee, was lodged in April 1994 and decided in December 1994.

__________________________________

EC European Community

EEC European Economic Community

EFTA European Free Trade Association

EEA European Economic Area

David A.0. Edward & Robert C. Lane. European Community Law. An Introduction. Second Edition. Butterwiths Law Society of Scotland, Edinburgh, 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