The EU Charter of Fundamental Rights as a Binding Instrument

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 1782258248
Format: PDF, Docs
Download Now
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

The EU Charter of Fundamental Rights As a Binding Instrument

Author: Sybe De Vries
Publisher: Hart Publishing Limited
ISBN: 9781782258254
Format: PDF, Mobi
Download Now
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions: ** Would this transform the EU's commitment to fundamental rights? ** Should it transform that commitment? ** How, if at all, can competing rights and principles be balanced? (The interaction of the social and the economic spheres offers a particular challenge). ** How deeply does the EU conception of fundamental rights reach into and bind national law and practice? ** How deeply does it affect private parties? ** How much flexibility has been left to the Court in making these interpretative choices? ** What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? As the result of a conference held under the auspices of the Institute of European and Comparative Law, Oxford, this book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument. The contributors are leading scholars in the field who are exploring the most crucial unanswered questions. (Series: Studies of the Oxford Institute of European and Comparative Law) [Subject: European Law, Human Rights Law]

General Principles of Law

Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910697
Format: PDF, ePub, Docs
Download Now
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Passing Wealth on Death

Author: Alexandra Braun
Publisher: Bloomsbury Publishing
ISBN: 150990736X
Format: PDF, Kindle
Download Now
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

The Images of the Consumer in EU Law

Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
ISBN: 1509900373
Format: PDF, Kindle
Download Now
This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

The Involvement of EU Law in Private Law Relationships

Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
ISBN: 1782251057
Format: PDF, Docs
Download Now
The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

European Administrative Law in the Constitutional Treaty

Author: Eva Nieto-Garrido
Publisher: Bloomsbury Publishing
ISBN: 1847313833
Format: PDF
Download Now
This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity. This calls for a detailed examination of the fields which comprise European administrative law and the book therefore examines in some detail the key areas of rulemaking powers and normative instruments, the implications of the Charter of Fundamental Rights for European and national administrations, administrative procedure, and judicial protection within the European Union. The Foreword to the book is written by Professor Carol Harlow.

Dawn Raids Under Challenge

Author: Helene Andersson
Publisher: Bloomsbury Publishing
ISBN: 1509920161
Format: PDF, Mobi
Download Now
This book examines the European Commission's dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts' judicial control is not equally balanced. This book is an essential and timely examination of this important question.

Marketing and Advertising Law in a Process of Harmonisation

Author: Ulf Bernitz
Publisher: Bloomsbury Publishing
ISBN: 1509900691
Format: PDF, ePub
Download Now
The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.

The Code Napol on Rewritten

Author: John Cartwright
Publisher: Bloomsbury Publishing
ISBN: 1509911596
Format: PDF
Download Now
The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.