Principles Of Proper Conduct For Supranational State And Private Actors In The European Union

Author : Jan Wouters
Publisher : Intersentia nv
Page : 234 pages
File Size : 43,6 Mb
Release : 2001
Category : Conflict of laws
ISBN : 9789050951623

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Principles of Proper Conduct for Supranational, State and Private Actors in the European Union by Jan Wouters Pdf

This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.

Author : Walter Gervan,Université catholique de Louvain (1835-1969),Universiteit Maastricht
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2000
Category : Conflict of laws
ISBN : OCLC:52130062

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Principles of Proper Conduct for Supranational, State and Private Actors in the European Union by Walter Gervan,Université catholique de Louvain (1835-1969),Universiteit Maastricht Pdf

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 44,5 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509937165

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Standing to Enforce European Union Law before National Courts by Hilde K Ellingsen Pdf

Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 53,6 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Author : Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot
Publisher : Kluwer Law International B.V.
Page : 479 pages
File Size : 49,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127051

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General Principles of EC Law in a Process of Development by Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot Pdf

What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Author : Jules Stuyck,Hans Gilliams,Elke Ballon
Publisher : Intersentia nv
Page : 214 pages
File Size : 54,5 Mb
Release : 2002
Category : Antitrust law
ISBN : 9789050952224

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Modernisation of European Competition Law by Jules Stuyck,Hans Gilliams,Elke Ballon Pdf

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 Thomas C. Arthur, Sir Christopher Bellamy, Ludo Cornelis, Wouter Devroe, Hans Gilliams, Luc Gyselen, Koen Lenaerts, Jules Stuyck, John Temple Lang, Marc van der Woude and Walter van Gerven.

Author : Walter van Gerven
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 54,9 Mb
Release : 2005-03-20
Category : Law
ISBN : 9781847311238

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The European Union by Walter van Gerven Pdf

This book explains to a general audience what the European Union is about and how it has grown since 1952 into a polity of 25 States and a population of more than 450 million people. It explains the constitution-making process that is currently taking place in the European Union, and the significance of the draft constitution which has been submitted for ratification by the 25 member states. The book is written from a legal perspective, but contains many references to political science and recent American and European history. It aims to show how the distinctive features of a democratic polity that characterize the Member States can be gradually transplanted to the European Union. To make the book useful to a more specialized set of readers, such as students of law and politics, it contains a large number of notes that contain detailed information and point to additional reading on a variety of topics. The book draws on the author's exceptionally wide and profound knowledge of the institutions of the EU, its history, its laws and its varied cultures. "This book, written by one of the greatest scholars of European law, provides a rare insight into the evolving European constitutionalism. Its analytical narrative explores themes of democracy, accountability, human rights and the rule of law and draws comparisons between the US and European political systems. The end result is an excellent essay on European governance" Professor Takis Tridimas, Queen Mary University of London

Author : Claus-Dieter Ehlermann,Philip Lowe,Isabela Atanasiu
Publisher : Hart Publishing
Page : 521 pages
File Size : 49,7 Mb
Release : 2003-07
Category : Business & Economics
ISBN : 9781841131986

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European Competition Law Annual 2001 by Claus-Dieter Ehlermann,Philip Lowe,Isabela Atanasiu Pdf

Recoge: 1. Substantive remedies - 2. Procesural issues - 3. Arbitration courts - 4. Criminal sanctions.

Author : Catherine Barnard,Okeoghene Odudu
Publisher : Bloomsbury Publishing
Page : 562 pages
File Size : 45,8 Mb
Release : 2009-03-05
Category : Law
ISBN : 9781847317230

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The Outer Limits of European Union Law by Catherine Barnard,Okeoghene Odudu Pdf

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

Author : Moskvan, Dominik
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,5 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800880382

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Protection of Foreign Investments in an Intra-EU Context by Moskvan, Dominik Pdf

The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.

Author : Colm O'Cinneide
Publisher : Current Legal Problems
Page : 590 pages
File Size : 52,7 Mb
Release : 2010-02-04
Category : Law
ISBN : 9780199583737

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Current Legal Problems 2009 by Colm O'Cinneide Pdf

This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.

Author : Bjarte Thorson
Publisher : Springer
Page : 395 pages
File Size : 41,7 Mb
Release : 2016-06-25
Category : Law
ISBN : 9783319327716

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Individual Rights in EU Law by Bjarte Thorson Pdf

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

Author : Pekka Aalto
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 42,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9781847318459

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Public Liability in EU Law by Pekka Aalto Pdf

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Author : Thomas Gr. Papadopoulos
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 46,8 Mb
Release : 2010-08-27
Category : Law
ISBN : 9789041137401

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EU Law and the Harmonization of Takeovers in the Internal Market by Thomas Gr. Papadopoulos Pdf

Analysing the Takeover Bid Directive in light of EU Law, this important monograph examines the extent to which the Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. The analysis begins with a discussion of the fundamental freedom of establishment of companies, as well as of the legal bases for the harmonization of company law and capital markets law at the EU level. Additionally, the significance of corporate mobility and of the freedom of establishment case law of the European Court of Justice for the takeover process is analysed. The author shows that, far from achieving market integration in the field of EU company law, the Takeover Bid Directive is a compromise resulting from the very different legal and policy approaches of the Member States in the field of takeover regulation. Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires a board of directors to obtain the prior authorization of a general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, which restricts significant transfer and voting rights during the time allowed for acceptance of the bid.

Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 48,7 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780191008641

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The New Intergovernmentalism by Christopher J. Bickerton,Dermot Hodson,Uwe Puetter Pdf

The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.