Search Results: law-of-the-european-union-foundation-studies-in-law-series

Law of the European Union

Author: John Fairhurst

Publisher: Pearson Education

ISBN: 9781405899086

Category: Courts

Page: 830

View: 9828

This text seeks to demystify European Community Law by placing it within a UK context wherever possible to demonstrate the importance of European institutions as a source of domestic law.

Fairhurst's Law of the European Union

Author: Sonia Morano-Foadi,Jen Neller

Publisher: Pearson UK

ISBN: 1292218673

Category: Law

Page: 680

View: 1278

The European Union is a legal system unlike any other in history. It is also facing unprecedented challenges, controversies and uncertainty as the UK seeks to implement Brexit. At its heart, Law of the European Union aims to shed light on this unique forum by providing a clear and accessible overview of the constitutional arrangements of the Union, and the law and jurisprudence which underpins the substantive areas of core EU Law. Building on previous editions of the book by John Fairhurst, this 12th edition has been extensively reworked by a new author team to ensure it continues to meet the requirements of contemporary EU Law modules by: Streamlining its coverage to focus only on the constitutional law of the EU and the core substantive areas of free movement of people, workers and goods to reflect the typical LLB syllabus. Expanding coverage of direct effect, fundamental rights and the division of competences to provide more detailed information on these topics. Increasing the level of debate and analysis providing more nuanced coverage of the subject enabling the student reader to reflect on broad, underlying issues or controversies. Incorporating a range of new or improved features and diagrams to support learning including case boxes which explicitly highlight the facts, ruling and significance of each case discussed and reflection boxes which draw attention to key issues, discussion points and future possibilities. Weaving coverage of Brexit throughout.

Philosophical Foundations of European Union Law

Author: Julie Dickson,Pavlos Eleftheriadis

Publisher: Oxford University Press

ISBN: 0199588775

Category: Law

Page: 457

View: 1946

This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.

The Oxford Handbook of International Human Rights Law

Author: Dinah Shelton

Publisher: OUP Oxford

ISBN: 0191668974

Category: Law

Page: 1088

View: 9374

The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by over forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research and a "map" of the debates that animate the field. Each chapter features critical and up-to-date analysis of the current state of debate and discussion, assessing recent work, and advancing the understanding of all aspects of this developing area of international law. Addressing all aspects of international human rights law, the Handbook consists of over forty chapters, divided into seven parts. The first two sections explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. They also trace the historical sources of human rights through comparative and international law by conducting a case study of the anti-slavery movement. Section III focuses on the law-making process and certain categories of rights. Sections IV and V examine the normative and institutional evolution of human rights, and discuss its impact on various doctrines of general international law. The final two sections are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done. Section VI analyses several current problems that are being addressed by governments both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights. The final section then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook will be an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse. It should become the new standard reference work in this area.

Selected issues in European tax law

the legal character of VAT and the application of general principles of justice : summary of an EFS seminar in honour of Fons Simons

Author: Fons Simons,Dirk Albregtse,H. A. Kogels,Foundation for European Fiscal Studies

Publisher: Kluwer Law Intl

ISBN: N.A

Category: Business & Economics

Page: 51

View: 6825

This collection brings together six expert papers on two fundamental issues in European fiscal law. The first issue concerns the legal character of VAT and focuses on the basic principles underlying the European VAT system and their development over the last thirty years. Topics covered include: The new definition of VAT based on recent case law of the European Court of Justice the basic characteristics of VAT as a consumption tax the distinction between the economic and legal approaches to VAT. The second issue concerns the application of general principles of law and justice in European law in general and European tax law in particular. The application of these principles is explored in detail in the context of European Court of Justice case law, direct and indirect taxation in general, And The harmonisation of rules on capital income taxation And The introduction of a common withholding tax in particular. These papers are the result of a conference organised by the Foundation for European Fiscal Studies of the Erasmus University Rotterdam in honour of Fons Simons, who for seven years was responsible For The postgraduate courses and seminars at the Foundation. This brochure is the sixth in a series initiated by the Foundation, which organises postgraduate courses on European tax law, and aims to encourage research on the economic and legal aspects of tax harmonisation and co-ordination in the European Union.

Market Supervision in the European Union

Integrated Administration in Constitutional Context

Author: Pieter van Cleynenbreugel

Publisher: Martinus Nijhoff Publishers

ISBN: 9004280367

Category: Law

Page: 400

View: 4528

In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation and identifies common or converging constitutional benchmarks underlying those sector-specific administrative design developments.

Health Law and the European Union

Author: Tamara K. Hervey,Jean V. McHale

Publisher: Cambridge University Press

ISBN: 9781139455350

Category: Law

Page: N.A

View: 2955

How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

Unlocking EU Law

Author: Tony Storey,Chris Turner

Publisher: Routledge

ISBN: 1444174207

Category: Law

Page: 528

View: 8416

European Law is a core element of all law degrees in England and Wales. Unlocking EU Law will ensure you grasp the main concepts with ease, providing you with an essential foundation for further study or practice. This new fourth edition is fully up-to-date with the latest developments and includes: The European Union Act 2011 Detailed coverage of the Lisbon Treaty All major new cases This book is essential reading for students studying EU Law on undergraduate courses in the UK. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Features include: aims and objectives at the start of each chapter key facts charts to consolidate your knowledge diagrams to aid learning summaries to help check your understanding of each chapter problem questions with guidance on answering a glossary of legal terminology The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications, as well as popular option units. The website www.unlockingthelaw.co.uk provides supporting resources such as multiple choice questions, key questions and answers and updates to the law.

The European Union in the World

Essays in Honour of Marc Maresceau

Author: Inge Govaere,Erwan Lannon,Peter van Elsuwege,Stanislas Adam

Publisher: Martinus Nijhoff Publishers

ISBN: 9004259147

Category: Law

Page: 708

View: 617

Edited byThe European Union in the World: Essays in Honour of Marc MaresceauEdited by is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law and pioneer in EU enlargement and neighbourhood studies. With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists.

Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)

A study of telephone tapping and house search

Author: Martyna Kusak

Publisher: Maklu

ISBN: 9046608409

Category: Admissible evidence

Page: 243

View: 5270

Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

The Law on Corporate Governance in Banks

Author: Iris H-Y Chiu,Michael McKee

Publisher: Edward Elgar Publishing

ISBN: 1782548866

Category: Law

Page: 384

View: 6990

Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate secto

The Constitutional Foundations of European Contract Law

A Comparative Analysis

Author: Kathleen Gutman

Publisher: OUP Oxford

ISBN: 0191025488

Category: Law

Page: 500

View: 1704

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

Integration of Cultural Considerations in European Union Law and Policies

Author: Evangelia Psychogiopoulou

Publisher: Martinus Nijhoff Publishers

ISBN: 9004162399

Category: Law

Page: 399

View: 5628

Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.

Modernisation of European Competition Law

The Commission's Proposal for a New Regulation Implementing Articles 81 and 82 EC : Proceedings of the 2001 Competition Law Conference of the Leuven Centre for a Common Law of Europe (Leuven CCLE)

Author: Leuven Centre for a Common Law of Europe. Competition Law Conference

Publisher: Intersentia nv

ISBN: 9050952224

Category: Law

Page: 197

View: 3304

The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by T.C. Arthur, Sir C. Bellamy, L. Cornelis, W. Devroe, H. Gilliams, L. Gyselen, K. Lenaerts, J. Stuyck, J. Temple Lang, M. van der Woude and W. van Gerven.

The Foundations of European Private Law

Author: Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1847318339

Category: Law

Page: 648

View: 3453

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

The Foundations of European Union Law

Author: Trevor C. Hartley

Publisher: Oxford University Press

ISBN: 0199566755

Category: Law

Page: 501

View: 6609

Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Author: Sabino Cassese,Armin von Bogdandy,Peter Huber

Publisher: Oxford University Press

ISBN: 0191039829

Category: Reference

Page: 900

View: 9412

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Research Handbook on EU Institutional Law

Author: Adam Lazowski,Steven Blockmans

Publisher: Edward Elgar Publishing

ISBN: 1782544747

Category: Law

Page: 520

View: 6565

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Viking, Laval and Beyond

Author: Mark Freedland,Jeremias Prassl

Publisher: Bloomsbury Publishing

ISBN: 1782255346

Category: Law

Page: 346

View: 5619

EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Environmental Protection and Sustainable Development from Rio to Rio+20

Protection de l’environnement et développement durable de Rio à Rio+20

Author: Malgosia Fitzmaurice,Sandrine Maljean-Dubois,Stefania Negri

Publisher: Martinus Nijhoff Publishers

ISBN: 9004282912

Category: Law

Page: 428

View: 6320

The Challenges of Environmental Protection and Sustainable Development from Rio to Rio+20 and Beyond addresses in an analytical and critical way the issues raised by Rio+20 and represents a very important contribution to our understanding of the concept of sustainable development.

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