08 Oct Soft Agreement Deutsch
International law defines as gentlemen`s agreements agreements between lawyers of organs of different States which do not have binding legal effect vis-à-vis States. At most, they have a binding effect based on good morals. In their effects, they go beyond political declarations of intent (= always reversible fixing of political orientation) and codes of conduct (codes of conduct – non-binding recommendations of a particular model).  A classic gentleman`s agreement is the final act of the Helsinki CSCE.  Y. whereas soft law also tends to create a public perception of a “superbureaucracy” without democratic legitimacy, Not just remote from citizens but actually hostile to them, and willing to reach accommodations with powerful lobbies in which the negotiations are neither transparent nor compresibleens, and whereas this may raise legitimate expectations on the part of third parties affected (e.g. consumers who then do not have the possibility to defend them legally against acts with adverse legal effects, D. while “soft law” does not offer full judicial protection; 8. Calls on the Commission to take particular account of the impact of soft legislation on consumers and their possible remedies before proposing measures involving soft law instruments; 1. Considers that, all too often, in the Community context, the unful satisfied right is an ambiguous and ineffective instrument which can have a negative impact on Community law and the institutional balance and which should be used with caution, even if it is provided for in the Treaty; W. whereas the European project of contract law remains the character of soft legislation, 10. considers that the Commission`s interpretative communications have the legitimate aim of ensuring legal certainty, but that their role should not go beyond this point; considers that communications on interpretations, when used to impose new obligations, constitute an unacceptable extension of legislation by non-legislative acts; Where a communication contains detailed provisions which are not directly provided for by the freedoms provided for in the Treaty, it departs from its very objective and is therefore annulled (8) ; Microsoft Cloud Agreement Professional Secrecy Amendment for Germany (EN) K.