Better Regulation In Eu Contract Law

Author : Esther van Schagen,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 43,7 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509928361

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Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf

This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 48,5 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509917341

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The EU Better Regulation Agenda by Sacha Garben,Inge Govaere Pdf

Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.

Author : Fabrizio Cafaggi,Horatia Muir Watt
Publisher : Edward Elgar Publishing
Page : 377 pages
File Size : 45,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447264

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The Regulatory Function of European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf

In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

Author : Emilia Mišćenić,Aurélien Raccah
Publisher : Springer
Page : 256 pages
File Size : 45,5 Mb
Release : 2016-04-13
Category : Law
ISBN : 9783319285962

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Legal Risks in EU Law by Emilia Mišćenić,Aurélien Raccah Pdf

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Author : Anonim
Publisher : Unknown
Page : 24 pages
File Size : 49,6 Mb
Release : 2006
Category : Administrative regulation drafting
ISBN : UOM:39015069155144

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Better Regulation--simply Explained by Anonim Pdf

Author : Henri Clemens Ferdinand Jozef Alexander de Waele
Publisher : Unknown
Page : 72 pages
File Size : 52,9 Mb
Release : 2019
Category : Administrative agencies
ISBN : UCBK:C119018304

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Perspectives on Better Regulation in the EU by Henri Clemens Ferdinand Jozef Alexander de Waele Pdf

Author : Esther van Schagen,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 51,7 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509928378

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Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf

This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?

Author : Ole Lando,Hugh Beale,André Prüm,Eric Clive,Reinhard Zimmerman
Publisher : Kluwer Law International
Page : 938 pages
File Size : 42,5 Mb
Release : 2019-03-28
Category : Electronic
ISBN : 940351275X

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The Principles of European Contract Law, Parts I - III Student Edition by Ole Lando,Hugh Beale,André Prüm,Eric Clive,Reinhard Zimmerman Pdf

"The Principles of European Contract Law provides the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested."

Author : Laurent Vogel,Eric Van den Abeele
Publisher : Unknown
Page : 71 pages
File Size : 41,9 Mb
Release : 2010
Category : Deregulation
ISBN : 2874521655

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Better Regulation by Laurent Vogel,Eric Van den Abeele Pdf

Author : Collectif
Publisher : OECD
Page : 230 pages
File Size : 40,5 Mb
Release : 2018-10-10
Category : Political Science
ISBN : 9789264307049

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OECD Regulatory Policy Outlook 2018 by Collectif Pdf

Laws and regulations govern the everyday life of businesses and citizens, and are important tools of public policy. Regulating has never been easy, but the overwhelming pace of technological change and unprecedented interconnectedness of economies has made it a daunting task. The 2018 Regulatory Policy Outlook, the second in the series, maps country efforts to improve regulatory quality in line with the 2012 OECD Recommendation on Regulatory Policy and Governance, and shares good regulatory practices. It provides unique insights into the organisation and institutional settings in countries for designing, enforcing and revising regulations. It also highlights areas of the regulatory cycle that receive too little attention from policy makers. Finally, it identifies areas where countries can invest to improve the quality of laws and regulations and presents innovative approaches to better regulation.

Author : Jean-Sébastien Borghetti,Simon Whittaker
Publisher : Bloomsbury Publishing
Page : 548 pages
File Size : 43,8 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509927289

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French Civil Liability in Comparative Perspective by Jean-Sébastien Borghetti,Simon Whittaker Pdf

The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 53,7 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Reinhard Zimmermann,Simon Whittaker
Publisher : Cambridge University Press
Page : 762 pages
File Size : 49,7 Mb
Release : 2000-06-08
Category : Law
ISBN : 0521771900

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Good Faith in European Contract Law by Reinhard Zimmermann,Simon Whittaker Pdf

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Author : Stefan Grundmann
Publisher : European Contract Law and Theory
Page : 400 pages
File Size : 47,9 Mb
Release : 2021-03
Category : Electronic
ISBN : 1780689659

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European Contract Law and the Creation of Norms by Stefan Grundmann Pdf

The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 48,8 Mb
Release : 2017
Category : Law
ISBN : 9780198795308

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ReNEUAL Model Rules on EU Administrative Procedure by Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller Pdf

The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.