The European Stability Mechanism before the Court of Justice of the European Union

Author: Etienne de Lhoneux
Publisher: Springer Science & Business Media
ISBN: 3319014781
Format: PDF, Mobi
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This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court’s interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc.) with regard to the ESM treaty provisions.

Reforming the Common European Asylum System Legislative developments and judicial activism of the European Courts

Author: Samantha Velluti
Publisher: Springer Science & Business Media
ISBN: 3642402674
Format: PDF
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In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.

Ethical Research with Sex Workers

Author: Susan Dewey
Publisher: Springer Science & Business Media
ISBN: 1461464927
Format: PDF
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This volume is the result of the many years the authors have spent conducting ethnographic field research with sex workers, conversing with other researchers, and, perhaps most importantly, developing a deep sense of empathy for the sex worker participants in the research as well as the colleagues who carry out this work with the goal of advancing social justice. They have a combined total of twenty-five years’ experience carrying out research with sex workers, and this extensive period of time has given them ample opportunity to reflect upon the topic of ethics. Sex work, defined as the exchange of sexual or sexualized intimacy for money or something of value, encompasses a wide range of legal and illegal behaviors that present researchers with key ethical challenges explored in the volume. These ethical challenges include: · Research methodology · Distinguishing research from activism · Navigating the politically and ideologically charged environments in which researchers must remain constantly attuned to the legal and public policy implications of their work · Possibilities for participatory sex work research processes · Strategies for incorporating participants in a variety of collaborative ways Sex work presents a unique set of challenges that are not always well understood by those working outside of anthropology and disciplines closely related to it. This book serves an important function by honestly and openly reviewing strategies for overcoming these ethical challenges with the end goal of producing path-breaking research that actively incorporates the perspectives of research participants on their own terms. Ever attuned to the reality that research on sex work remains a deeply political act, Ethical Research with Sex Workers: Anthropological Approaches aspires to begin a dialogue about the meanings and practices ascribed to ethics in a fraught environment. Drawing upon a review of published scholarly and activist work on the subject, as well as on interviews with researchers, social service providers, and sex workers themselves, this volume is an unprecedented contribution to the literature that will engage researchers across a variety of disciplines, such as academics and researchers in anthropology, sociology, criminal justice, and public health, as well as activists and policymakers.

Data Driven Process Discovery and Analysis

Author: Karl Aberer
Publisher: Springer
ISBN: 364234044X
Format: PDF
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This book constitutes the thoroughly refereed proceedings of the First International Symposium on Data-Driven Process Discovery and Analysis held in Campione d'Italia, Italy, in June/July 2011. The 11 revised full papers were carefully selected from 31 submissions. In addition to the thorough review process, the lively discussions at the event itself also helped the authors to improve their papers and to foster interesting extensions. The selected papers cover a wide range of topics spanning from theoretical issues related to process representation to practical experience in process discovery and analysis.

Higher Education Institutions in the EU Between Competition and Public Service

Author: Andrea Gideon
Publisher: Springer
ISBN: 946265168X
Format: PDF, ePub
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This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

The Role of the Regions in EU Governance

Author: Carlo Panara
Publisher: Springer Science & Business Media
ISBN: 9783642119033
Format: PDF, Docs
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This publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.

Regulating and Supervising European Financial Markets

Author: Mads Andenas
Publisher: Springer
ISBN: 3319321749
Format: PDF, Docs
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The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision./div

European Regulation of Medical Devices and Pharmaceuticals

Author: Nupur Chowdhury
Publisher: Springer Science & Business
ISBN: 3319045946
Format: PDF, Mobi
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One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

Data Protection on the Move

Author: Serge Gutwirth
Publisher: Springer
ISBN: 9401773769
Format: PDF
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This volume brings together papers that offer methodologies, conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eight annual International Conference on Computers, Privacy, and Data Protection, CPDP 2015, held in Brussels in January 2015. The book explores core concepts, rights and values in (upcoming) data protection regulation and their (in)adequacy in view of developments such as Big and Open Data, including the right to be forgotten, metadata, and anonymity. It discusses privacy promoting methods and tools such as a formal systems modeling methodology, privacy by design in various forms (robotics, anonymous payment), the opportunities and burdens of privacy self management, the differentiating role privacy can play in innovation. The book also discusses EU policies with respect to Big and Open Data and provides advice to policy makers regarding these topics. Also attention is being paid to regulation and its effects, for instance in case of the so-called ‘EU-cookie law’ and groundbreaking cases, such as Europe v. Facebook. This interdisciplinary book was written during what may turn out to be the final stages of the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.