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The Economics of Harmonizing European Law by Alain Marciano,Jean-Michel Josselin Pdf
One of the effects of the process of European integration is the growing importance of transnational institutions and the accompanying legal harmonisation. This book looks at the challenges arising from the consequential shifts in power.
The Law and Policy of Harmonisation in Europe's Internal Market by Isidora Maletić Pdf
'At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maleti forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' – Hans Micklitz, European University Institute, Italy 'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' – Veerle Heyvaert, London School of Economics, UK 'Despite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maleti 's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argues that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration.' – Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.
Research Handbook on the Economics of European Union Law by Thomas Eger,Hans-Bernd Sch‹fer Pdf
This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union.
Encyclopedia of Law and Economics by Jürgen Georg Backhaus Pdf
Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family—three jurisdictions which have to be covered with one and the same theory. In the EU, the task of the European Commission to interact with the various European jurisdictions means different legal cultures collaborating and some degree of harmonization is necessary. The result is an immediate need, if only for the science, to show how a given problem is solved in each legal tradition and jurisdiction. This Encyclopedia provides both a common language and precise definitions in the field, which will be useful in the future to avoid misunderstandings during harmonization of EU Law
Theory and Practice of Harmonisation by Mads Andenas,Camilla Baasch Andersen Pdf
Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.
The Harmonization of Civil and Commercial Law in Europe by Gian Antonio Benacchio,Barbara Pasa Pdf
The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
EU Consumer Law and Policy by Stephen Weatherill Pdf
Providing a comprehensive and up-to-date introduction to the subject, this title explains the evolution of consumer law and policy in the EC, both in terms of legislative and judicial activity.
The Harmonization of International Commercial Law by Silvia Fazio Pdf
Preface. 1. The World Scenario and the Approximation of Law. 2. Vehicles for the Harmonisation of Law. 3. Regionalisation and Standardisation of Law. 4. Regional Corporate Law Harmonisation: The EU and the Mercosur. 5. The Infrastructure of Capital. 6. The Phenomenon of Development: International and Regional Approaches to Banking and Financial Law. 7. Theories of the Company. 8. Corporate Governance. 9. International Legal Standards and the Inclusion of Emerging Countries in the Globalised Order: The Case Study of Brazil. 10. Conclusion: Legal Pluralism and the Creation of Standards within the Process of Globalisation¿Analytical Summary and Theoretical and Practical Implications. Bibliography.
The Economics of European Integration: System Competition versus Harmonization by Nils De Rop Pdf
Seminar paper from the year 2002 in the subject Economics - International Economic Relations, grade: 1,3 (A), University of Göttingen (Economics Seminar), course: European Integration and EU-Enlargement, language: English, abstract: The process of European Integration, especially the economic perspective of these fascinating developments is the main issue of this seminar paper. The decisive questions leading through the analysis are the following: which approaches to economic integration exist, which one of them has been, is and will be dominant in the respective European Integration process and whether the current framework is appropriate for the future, always in mind the further enlargement towards a European Union of 25 or even 27 member states. I structure my analysis into mainly three parts, namely the underling theory, an empirical analysis and an outlook for the future. The emphasis is clearly on the first two parts, which are based on an economical perspective of integration processes. I present the underlying theory of economic integration, namely the two approaches to it, System Competition and Harmonization at first. Afterwards, an overview of the process of European Integration is provided, always in mind the perspective of economic integration and therefore the ongoing battle of the two approaches to gain more importance in the process. While doing so, I analyse phases or stages in which one of these approaches has been increasingly dominant in the integration process and try to analyse why this special pattern has occurred. At the end of my paper, I combine the economic perspective to integration with a more general, but interesting concept to integration processes, which could help to overcome the increasing stagnation tendencies in European Integration that is one of the main findings of my earlier analysis. Although this Concept, named Differentiated Integration provides one with extensive measures to reform the integration process, I limit the perspective to mostly the changes and proposals with importance to economic integration as this is the core issue of this paper. Thus, the final presentation of reform proposals is less focused on how the European Union as a final Political Union could look like in the far future, but more on how to overcome stagnation tendencies and gain dynamic impulses again with more technically orientated middle-term actions.
This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.
EU Economic Law in a Time of Crisis by Harri Kalimo,Max S. Jansson Pdf
This book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.' - Paul Craig, St John s College, Oxford 'The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.' - Siim Kallas, Former Vice President of the European Commission 2004-2014 How has the EU's economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages. This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis. Contributors J. Faull, C. Geiger, F. Hoffmeister, M.S. Jansson, H. Kalimo, T. Lahti, I. Lejeune, M. Meulenbelt, K. Olkkonen, J. Salminen, A. Strub, J. Strupczewski, J. Vaario
Author : Mireille M. M. van Eechoud Publisher : Kluwer Law International B.V. Page : 402 pages File Size : 53,8 Mb Release : 2009-01-01 Category : Law ISBN : 9789041131300
Harmonizing European Copyright Law by Mireille M. M. van Eechoud Pdf
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.
Harmonisation of EU Competition Law Enforcement by Jurgita Malinauskaite Pdf
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Harmonisation of Family Law in Europe by M. V. Antokolʹskai︠a︡ Pdf
This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern - from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology - yet national differences seem not to be disappearing. It appears, however, that this has little to do with the