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The Human Rights Act 1998 imposes radical changes on UK law and practice: all statutes have to be reinterpreted to "read in" human rights, all public authorities (including the courts) have to comply with the European Convention on Human Rights - there is a new right of action against those who fail to do so - and breach of a Convention right is a defence in criminal and civil proceedings. The Act incorporates into UK law not only the Convention itself, but also the extensive case-law of the European Court and Commission of Human Rights. Presenting a detailed analysis of the Human Rights Act 1998 and the case law of the European Court and Commission of Human Rights, this book draws on all 1500 cases (reported and unreported) from Strasbourg which affect UK civil and criminal law. They are set out in a way designed to enable practitioners and advisers to concentrate on those cases most relevant to their area of practice.
A wide-ranging introductory book covering the operations of the European Union and the legal framework that binds the EU and connects the Union to individual member states. The emphasis is on the effect and administration of the European Union and its overall effect on each member country.
(The European Stock Corporation. Implementation questions and perspectives) In October of this year the European stock corporation, or Societas Europaea (S.E.), will be made available in the EU as a European form of company. The discussion concerning a European stock corporation harks back to the 1950's. Then, in 2001, a surprising accord was reached after various failed attempts to establish a standard European stock corporation. However, in many partially decisive areas this accord was only able to be reached through extensive compromises. That's why it's feared that there will not be a standard form of stock corporation, but rather a multitude of nationally characterized and partially quite different European stock corporations. The conference arranged by the "foundational guest lecture series for international banking law" should provide insights from a comparative legal standpoint into the status and content of the implementation efforts in the relevant member nations of the EU. The volume at hand reproduces the lectures held at the conference.
Das Buch enthalt eine Gesamtdarstellung zu Fragen der Systembildung im Europaischen Vertragsrecht. Mit ihrem Grunbuch vom 11. Juli 2001 hat die Europaische Kommission die Frage nach dem wunschenswerten Harmonisierungskonzept erneut aufgeworfen. Daran anschliessend hat sie am 12. Februar 2003 einen Aktionsplan fur "Ein koharentes Europaisches Vertragsrecht" vorgelegt. Beide Themenkreise werden in der vorliegenden Arbeit bereits zusammenhangend erortert. Der Verfasser legt zunachst Grundlagen fur die Arbeit: Im ersten Teil werden Grundfragen des Systemdenkens im Privatrecht erortert und der Begriff des Europaischen Privatrechts naher konturiert. Im zweiten Teil untersucht der Verfasser, ob sich die zahlreichen einzelnen Angleichungsrechtsakte als Auspragungen eines Gesamtplans verstehen lassen: Lasst sich den Einzelrechtsakten ein Harmonisierungskonzept entnehmen, das Grund und Grenzen der Rechtsangleichung erkennen lasst? Den Hauptteil der Arbeit bildet die systematische Gesamtdarstellung des materiellen Vertragsrechts im dritten Teil. In einer nach Sachfragen des Vertragsrechts geordneten Weise werden hier die zahlreichen Einzelregelungen erortert, die sich uber verschiedene Richtlinien verstreut finden. Es handelt sich um den- wohl ersten - Versuch einer Dogmatik des Europaischen Vertragsrechts. Uber den Autor: Dr. Karl Riesenhuber ist Privatdozent an der Friedrich-Alexander-Universitat Erlangen-Nurnberg."
This title presents a collection of contributions by linguists and lawyers on topical questions of the interconnections between language and law, and opens up a wide range of theoretical, methodological and practical approaches to aspects such as politics and the public domain, court proceedings, criminology, the editing of legislation, legal training and the Europeanization of law.
The power and future role of nation states are a topic of increasing importance. The dispersion of authority both vertically to supranational and subnational institutions and horizontally to non-state actors has challenged the structure and capacity of national governments. Multi-level governance has emerged as an important concept for understanding the dynamic relationships between state and non-state actors within territorially overarching networks. Multi-level Governance explores definitions and applications of the concept by drawing on contributions from scholars with different concerns within the broad discipline of Political Studies. It contends that new analytical frameworks that transcend traditional disciplinary boundaries and epistemological positions are essential for comprehending the changing nature of governance. In this context, this volume undertakes a critical assessment of both the potentialities and the limitations of multi-level governance.
The social security of the European Union (EU) has become of vital significance for persons living or working in a EU Member State. The creation of the European Economic Area and near accession of the candidate Members (East European countries) has further increased the relevance of this law. This book describes EU social security law, beginning with the rules relevant to migrant workers. Coverage includes Regulations 1408/71 and 574/72 and the case law of the Court of Justice of the EC. The book analyses the contributions of these judgments to the developments of coordination law and to the realisation of the objective of free movement of workers. In this respect the relation of the Regulation and the EC Treaty, which is shown in for instance the Kohll and Decker judgments, is analysed. Special attention is paid to the Proposal for Simplification and Modernisation of Regulation 1408/71. A second main part of EU social security law is the law on equal treatment of mean and women. The Court of Justice issued several main decisions, of which the Barber judgment is a well-known example. Since then, the case law has been further developed and this book helps the reader to understand the present state of affairs. A separate chapter analyses the combat against social exclusion of the EU and the instruments developed for this purpose. This is the completely revised and updated fourth edition of an authoritative book.
This text illustrates the "core" principles of European Union (EU) law. As such it seeks to set out the law of the EU as found in the EC Treaty and Treaty on European Union, as well as the judgments of the European Courts, legislative enactments of the Council of the EU, administrative decisions of the European Commission, and official publications of national and Union institutions. The book examines the EU within the context of globalization processes. It is now widely accepted that the law governing the relations between the Union and the rest of the world cannot be treated separately from the internal law of the Union, and this volume sets out to show how the two interrelate and affect one another. Thus, when dealing with institutional law, the approach adopted here is to look at the role of the institutions under the treaties and also their role under agreements with non-member states. The same approach is taken to economic law.
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. Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.
Dr. Ludwig Kr mer, born 1939, retired from the European Commission in August 2004. Dr. Kr mer joined the European Commission in 1972, where he started his career dealing with consumer protection issues in the Competition Directorate-General. He successfully combined his profession as an official of the European Commission with intensive writing and teaching activities. Dr. Kr mer is the author of numerous books, handbooks and articles on EC environmental law. He is an environmental law professor and regularly teaches at several European and non-European universities. In his teaching and speeches, he has inspired his audience and spurred many young people into working to protect the environment. On the occasion of his retirement from the Commission, a group of colleagues and friends decided to honor him with the production of this book, which assembles legal essays on a number of EC environmental law subjects.
The new edition of this thought-provoking book discusses the history and institutional framework of the European Union without becoming mired in the minutiae of 'black letter' law. Written by one of the leading academics specialising in European law and legal theory, it provides an accessible introduction for students to current critical academic commentary on European law. The structure of the book has been revised, with the law of the market and discussion of EU social policy being brought together under one section heading. There is also increased discussion of the institutions of the EU and a specific section on Human Rights. The final section of this new edition will locate the author in the current critical commentary on the EU and also endeavour to make these sections much more accessible to the student reader. There will be two new chapters in this section to provide an opportunity for discussing the place of Europe within current debates about globalisation and the 'new world order'.
The risks to financial institutions of significant reputational damage from being caught up in financial fraud or money laundering is growing in volume and sophistication year on year. The adoption and operation of effective compliance systems and robust deterrence policies and procedures can dramatically reduce risk and enable senior management to spend more time on business generation. This unique work offers crucial guidance to those engaged in the deterrence of money laundering and fraud, including comprehensive treatment of: * Threat analysis * Relevant UK legislation and regulation * Compliance systems Essential Money Laundering Deterrence provides an essential tool for financial institutions, and their professional advisers, in the protection of their financial and operational integrity.
About the book: For decades, the worlds of European law and international commercial arbitration have coexisted as distant planets whose orbits hardly ever intersected. However, the dynamics of EC law and arbitration have been similar: both have been steadily expanding and gaining in scope, influence and ambition. The relationship between the two has in recent years become complex and intricate as the Eco Swiss judgement of the European Court of Justice demonstrated. The author focuses on finding and analysing the origin and causes of the tension in the relationship between EC law and arbitration. Different methodological approaches to the problem of the relationship between EC law and arbitration inspired by European law or arbitration practice are analysed. Both the grounds of application of EC law in arbitration proceedings and various mechanisms at the national and Community level safeguarding its application are extensively considered. On this basis, the author reflects on how the contradiction between, on the one hand, requirements of effective and uniform application of law stemming from EC law and, on the other hand, national principles of judicial non-interference in arbitration and the finality of the arbitral awards, which exclude judicial review of the awards on the grounds of legal and factual errors, should be resolved.The ultimate aim of this book is to open up the problem area to an audience with diverse specialist knowledge: arbitration practitioners, lawyers, judges, and anyone with an interest in the influence of EC law on arbitration and private law in general.
Despite European integration, judicial procedure has long remained autonomous, i.e. a purely national regulatory object. In recent years, however, it has been possible to notice increasing traces of the Europeanization of procedural law on multiple levels. The rapid internationalization development of procedural law advancing on these various levels sets challenges to the research of procedural law, as well as to the conduct of judicial procedure. This book consists of a number of independent, but interrelated, theses and post-doctoral research projects. The comprehensive research in this collection examines the challenges that are now taking place in the Europeanization of procedural law.
Now in its 26th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice.
This is the 2002 volume of the Arbitration Law Reports and Review series, which makes full texts of judgments on the arbitration law of England, Wales and Northern Ireland available in a single publication on an annual basis. Yearly volumes include a comprehensive collection of arbitration related judicial decisions for the relevant calendar year, with back volumes in preparation to cover each year since entry into force of the Arbitration Act 1996. The case law is cross-referenced and each case is prefaced by a head note of keywords, a concise summary of the issues, the holding and judicial comments obiter plus lists of cases, arbitration rules and legislation referred to. Each volume contains the Editor's analytical review of developments during the year, offering comment on decisions, grouping cases together under thematic headings to identify trends and developments, and integrating discussion of relevant non-arbitration related cases (contract interpretation, human rights, adjudication, expert determination, mediation, procedural fairness, duties to give reasons and so on). The review also draws attention to comparative developments abroad, in particular to UNCITRAL Model Law jurisdictions applying similar legislative provisions.
This text represents a lecture on the overview of the steps taken by the European Union to develop a policy relating to disability and disabled people. Initiatives in the period prior to the adoption of the Amsterdam Treaty were characterized by limited action programs and a lack of binding policy measures. The inclusion in the EC Treaty of Article 13 which provides for the adoption of measures to address disability discrimination, the mobilization of an active disability movement, and the recognition of a new social model of disability have resulted in significant developments from the mid-1990s onward. The most important legal development has been the adoption of the Framework Employment Directive in 2000, which prohibits employment related discrimination on the grounds of disability and requires that reasonable accommodations be made for disabled people. The impact of this provision in a number of Member States is considered and the author reflects on possible ways forward for the EU disability policy.
The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. A Practical Approach to Environmental Law provides comprehensive coverage of the full range of law and legislation relating to the environment, including; The Environmental Assessment of Plans and Programmes Regulations 2004; the Planning and Compulsory Purchase Act 2004; and the Environmental Information Regulations 2004, written in a clear and user-friendly style. To ensure accessibility and ease of reference, the book is organised into three sections, focussing in turn on; the principles of environmental protection such as the polluter pays principle, the precautionary principle, and sustainable development; substantive environmental law areas (such as noise, waste and water); and practice and procedure. The practice and procedure section covers remedies available under civil law, with practical advice on case management, injunctions and compensation, and costs. It also covers criminal law offences, procedures for prosecuting, and sentencing guidelines. Very much a practical guide, A Practical Approach to Environmental Law makes extensive use of cross-referencing, examples, checklists, case studies, and key reference documents, to assist the practitioner in quickly locating the material they need, whilst also providing valuable context for the student coming to this complex subject for the first time.
Now in its 27th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice
The main issue of this book is to analyze whether and to what extent EU membership affects the implementation and application of binding decisions of International Organizations in the domestic legal order of EU Member States. It also examines how the decisions of the EU adopted in the II. and III. pillar vis- -vis its Member States are to be qualified. Are they also decisions of an IO or are they decisions comparable to Community law measures? Thus, this book provides useful insights into the interaction of decisions of IOs with the European and the national legal orders, comparing the situation in Germany, the Netherlands and France.
This supplement to "Macdonalds' Immigration Law & Practice" contains all the recent legislation and commentary since publication of the mainwork, ensuring the work is kept fully up-to-date.
To the new student of EU law, deciding what questions to ask on the subject is as much of a challenge as answering them. This introduction's distinctive Q & A format immediately directs the student to the questions he or she should be asking. Concise and clearly structured, it guides students through the different layers of the European Union from the law establishing it, through how its institutions work and on to its operation on the international stage. It also provides a clear explanation of the substantive law of the EU and the working of the internal market. Each chapter takes a cornerstone of EU law, sets the scene with a short introductory overview and then tackles its key questions. Providing enough detail to give a solid foundation to this complex subject without losing the student with excessive detail, it is an essential first port-of-call for study in the subject.
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