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Book
xv, 334 pages ; 25 cm
  • Foreword / Luciano Vandelli
  • Introduction: The European Charter of Local Self-Government as an international treaty with constitutional significance
  • The historical legitimacy of the charter
  • The charter as a source of international, EU and domestic law
  • Concept and design of local self-government in Europe
  • The relevance of the charter for international and comparative public law.
"[This book offers an] account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a state, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe."-- Back cover.
Law Library (Crown)
Book
xv, 191 pages ; 25 cm.
  • Introduction
  • Freedom of expression and freedom of religion under the European Convention on Human Rights
  • Conflict of rights?
  • Religious hate speech and religious hate speech laws
  • Restrictions on freedom of expression to spare religious feelings
  • Alternative approaches to (religious) hate speech
  • Case in point : the prosecutions of Geert Wilders
  • Conclusion.
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. Author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
(source: Nielsen Book Data)9781138243811 20171017
Law Library (Crown)
Book
x, 189 pages : illustrations ; 25 cm.
  • Introduction: Unaccompanied minor migrants in Europe : between compassion and repression / Barbara Gornik, Mateja Sedmak and Brigit Sauer
  • At the crossroads of power relations : the Convention of the Rights of the Child and unaccompanied minor migrants / Barbara Gornik
  • The best interests of unaccompanied and seperated children : a normative framework based on the Convention on the Rights of the Child / Jyothi Kanics
  • Methodology for the assessment of the best interests of the child for recently arrived unaccompanied refugee minors / Carla Van Os [and 4 others]
  • Asylum experiences in Austria from the perspective of unaccompanied minors : best interests of the child in reception procedures and everyday life / Ayşe Dursun and Birgit Sauer
  • 'Not our children' : unaccompanied minor asylum seekers in Slovenia / Mateja Sedmak [and 3 others]
  • Coping strategies of unaccompanied minors lacking protection within the French context : the key role of political and civil society mobilisation / Corentin Bailleul
  • Surely not! : procedurally lawful age assessments in the UK / Marie-Bénédicte Dembour.
Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.
(source: Nielsen Book Data)9781138192560 20171023
Law Library (Crown)
Book
xii, 282 pages : illustration ; 24 cm.
  • Introduction: Compensation as a Driving Force for Abolition Chapter 1. Compensation: An Issue at the Heart of a Democratic Debate Chapter 2. Between Legalism and Humanism: Compensation for Eminent Domain? Chapter 3. Compensation's Economic and Social Dimension: Compensation as Aid Chapter 4. Compensation's Political Side: A Means of Ensuring Colonial Cooperation Epilogue: The Many-Faceted Issue of Compensation Bibliography Index.
  • (source: Nielsen Book Data)9781785333316 20170612
Today, a century and a half after the abolition of slavery across most of the Americas, the idea of monetary reparations for former slaves and their descendants continues to be a controversial one. Lost among these debates, however, is the fact that such payments were widespread in the 19th century-except the "victims" were not slaves, but the slaveholders deprived of their labor. This landmark comparative study analyzes the debates over compensation within France and Great Britain. It lays out in unprecedented detail the philosophical, legal-political, and economic factors at play, establishing a powerful new model for understanding the aftermath of slavery in the Americas.
(source: Nielsen Book Data)9781785333316 20170612
Green Library
Book
vi, 223 pages : illustrations ; 25 cm.
  • Introduction / Dave de Ruysscher, Albrecht Cordes, Serge Dauchy, Heikki Pihlajamäki
  • What is a small firm? : some indications from the business organization of late Medieval German merchants / Ulla Kypta
  • Making size matter less : Italian firms and merchant guilds in late Medieval Bruges / Bart Lambert
  • Late scholasticism and commercial partnership : persons and capitals in the sixteenth and seventeenth centuries / Luisa Brunori
  • Legal structure of early enterprises : from commenda-like arrangements to chartered joint-stock companies (Early Modern Period) / Anja Amend-Traut
  • Delving for diversity in early modern company law : mining companies in seventeenth-century Liège / Bram Van Hofstraeten
  • Incorporation and limited liability in seventeenth-century England : the case of the East India Company / Stefania Gialdroni
  • From commercial guilds to commerical law : Spanish Company regulations (1737-1848) / Carlos Petit
  • Partnerships as flexible and open-purpose entities : legal and commerical practice in nineteenth-century Antwerp (c.1830-c.1850) / Dave De ruysscher
  • Form, size, "governance" : remarks on Italian late nineteenth-century companies / Annamarie Monti.
"This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today."-- Back cover.
Law Library (Crown)
Book
xxiii, 478 pages ; 25 cm.
Law Library (Crown)
Book
viii, 278 pages ; 24 cm
  • Introduction
  • A background for Article 6
  • Equality of arms
  • Equality of arms and the right to challenge and call witness evidence
  • Equality of arms and the right to adequate time and facilities
  • Equality of arms and the right to legal assistance
  • Concluding overview.
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to a more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background for Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight on equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and wider international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The author argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The book is for both scholars and practitioners. It will not only provide an enhanced general understanding of procedural fairness safeguards and standards, but will also provoke, more specifically, a new reflection on the concept of equality of arms.
(source: Nielsen Book Data)9781780681641 20170829
Law Library (Crown)
Book
viii, 299 pages ; 25 cm.
  • Introduction
  • The outset : the Livonian and Swedish legal orders at the time of the Swedish conquest
  • The reorganisation of the Livonian judiciary under the Swedish rule
  • The procedure in the Livonian courts of the Swedish era
  • Transplanting Swedish law? : the legal sources at the Livonian courts
  • Conclusions.
In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamaki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European ius commune, the conquerors' law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.
(source: Nielsen Book Data)9789004331525 20170410
Law Library (Crown)
Book
xi, 507 pages ; 25 cm
  • Introduction
  • The romance of International law
  • Internationalism between nostalgia and technocracy
  • Churchill, human rights, and the European project
  • Postwar reconciliation, colonialism, and Cold War human rights
  • Neoliberal human rights in postwar Britain
  • Neomedieval human rights in the shadow of Vichy
  • Catholic human rights in postwar France
  • Rethinking the ECHR's original intent
  • The ethical foundations of European integration
  • Human rights and conservative politics
  • Revolution and restoration in the history of human rights
  • Conclusion
  • Epilogue: A European Union without qualities.
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.
(source: Nielsen Book Data)9780199811380 20170206
Law Library (Crown)
Book
1 online resource
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.
(source: Nielsen Book Data)9780199811380 20170206
Book
viii, 251 pages ; 23 cm
  • Europe, yes--but which Europe?
  • In search of acceptance : on the legitimacy deficit and the legitimacy resources of the European Union
  • Sovereignty in Europe
  • On the status of the EU's democratic legitimacy after Lisbon
  • The democratic costs of constitutionalization : the European case
  • The cause of the European democracy deficit is sought in the wrong place
  • The necessity of Europeanized elections and parties
  • The significance of national constitutions in a united Europe
  • The role of national parliaments in the European Union
  • The role of national constitutional courts in European democracy
  • The basic law as a barrier against a transformation of the EU into a state : comments on the Lisbon judgment of the federal constitutional court
  • Europe needs principles, not pragmatism.
Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.
(source: Nielsen Book Data)9780198805120 20171023
Law Library (Crown)
Book
116 pages ; 30 cm
The publication presents in English, French and Russian the text of this multilateral environmental agreement, the Convention on the Transboundary Effects of Industrial Accidents, as amended on 15 December 2015.
(source: Nielsen Book Data)9789210163736 20171201
SAL3 (off-campus storage)
Book
vii, 168 pages ; 25 cm
  • Introduction 1. Narrating LGBT asylum 2. Imagining a queer haven 3. The biopolitics of recognition 4. Feelings of sympathy 5. The queer optimism of asylum Afterword Index.
  • (source: Nielsen Book Data)9780719099632 20170130
This book analyses fifteen years of debate, media narrative, policy documents and artistic production to uncover the way sexual citizenship is reshaped by LGBT asylum. Asylum discourses, with their many harrowing stories, have proved a powerful platform for discussion of the sexual rights of those who are not citizens. The forces involved, from the state to LGBT or asylum activists, compete with each other for the redefinition of what progressive sexual politics should be. This book assesses the consequences of persisting colonial imaginaries on the representation of sexual freedom, as well as of the neoliberal management of asylum for LGBT asylum seekers. The book explores the contradictory role of political emotions such as sympathy, which constitutes both a basis for solidarity and a means of dispossessing claimants of their agency, and finally discusses how optimism can be queered in asylum discourses.
(source: Nielsen Book Data)9780719099632 20170130
Green Library
Book
x, 253 pages ; 24 cm.
  • Introduction : Human rights theory and the challenge of the ECHR
  • Ethical theories of human rights and their practice-independence
  • Political theories and their practice-dependence
  • Theorizing human rights : a constructivist proposal
  • The ECHR in historical perspective
  • The normativity of ECHR law
  • Interpretation at the ECtHR : setting the stage
  • Balancing and justification at the ECtHR : the pivotal concept of "democratic necessity"
  • Conclusion: Constructing the democratic foundations.
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR 'system'. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy - more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level - can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR - its prominent status in the domestic legal orders - reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
(source: Nielsen Book Data)9781138641037 20170213
Law Library (Crown)
Book
xiii, 185 pages ; 24 cm.
  • The elusive essence of the rule of law
  • Theory : europeanization by rule of law implementation
  • Research design : cases and methods
  • Legacies of the past as obstacles to the EU rule of law promotion
  • Western Balkans in the EU's waiting room
  • Judicial reform in the Western Balkans
  • Comparative analysis
  • Scope, depth and limits of EU rule of law promotion in the Western Balkans.
Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform. This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
(source: Nielsen Book Data)9781472485557 20170213
Law Library (Crown)
Book
viii, 223 pages ; 25cm
  • The Eurasian Economic Union : origin and development of a new integration format compared with that of the EU / Angela Di Gregorio
  • The modern concept of Eurasianism and the perspectives of cooperation between EU and EAEU / Juliia Sushkova
  • Big Europe's gap : dynamic obstacles for integration between European Union and Eurasian Economic Union / Mikhail Minakov
  • Human security dimension across the frozen conflicts in the post-Soviet space / Grazvydas Jasutis
  • The secession of Crimea from Ukraine : between international legality and realpolitik / Mara Valenti
  • Ukranian migratory flows toward Europe and Russia since the outbreak of the geopolitical crisis / Sandro Rinauro
  • Eurasian integration and the energy factor : where does the EAEU stand? / Carlo Frappi
  • Cooperation between the European Union and the Council of Europe in the field of institutional reforms in newly independent states / Caterina Filippini
  • Constitutional and legal instruments of democratization and farewell to the Soviet past (Ukranian case) / Iurii Barabash
  • Regionalization-devolution-decentralization processes in the countries of the Eastern Partnership / Arianna Angeli
  • EU-Moldova Association agreement : what are the effects on state reformation / Nataşa Danelciuc-Colodrovschi
  • The limits of the judiciary within the Eurasian integration process / Maksim Karliuk
  • Compatability of the Eurasian Economic Union law and the WTO agreements / Daria Boklan
  • Legal aspects of Russia and EU energy sector relations in the context of the 'third energy package' WTO dispute (DS 476) / Ilya Lifshits
  • The Dutch referendum on the EU-Ukraine Association agreement and the democratic legitimacy of EU 'new generation' trade agreements / Anna G. Micara.
"This volume analyzes the evolution of geo-political and economic integration in the Eurasian area. The Eurasian integration is a growing phenomenon and the largest scale analysis proves necessary to avoid simplistic judgments based only on the geo-political approach. The editors of this publication present different profiles of integration, such as the geo-political and constitutional aspect, the relations with the European Union, migration issues, energy flows, the compatibility between the Eurasian and the WTO law, and the comparison with the European integration model. The book presents a wide range of viewpoints through essays of specialists from Russia, Ukraine, Lithuania, Belarus, Italy, France."-- Provided by publisher.
Law Library (Crown)
Book
xxix, 749 pages ; 25 cm.
  • European legal methodology : introduction and overview / Karl Riesenhuber
  • Legal methods in ancient Rome / Jan Dirk Harke
  • Judging statutes and the 19th century : judicial compliance with statutes, interpretation and analogy / Christian Baldus and Lena Kunz
  • Comparative law / Andreas Schwartze
  • Law-making and adjudication for the internal market : the role of economic reasoning / Jens-Uwe Franck
  • The sources of European private law / Johannes Köndgen
  • Interpretation and development of EU primary law / Rudolf Streinz
  • Interpretation in conformity with primary law / Stefan Leible and Ronny Domröse
  • System (Systemdenken) and system building / Stefan Grundmann
  • Interpretation of EU secondary law / Karl Riesenhuber
  • Concretisation of general clauses / Anne Röthel and Florian Möslein
  • Judicial development of law / Jörg Neuner
  • Interpretation in conformity with directives / Wulf-Henning Roth and Christian Jopen
  • Gold-plating : the implementation of directives through national provisions with a wider scope of application / Mathias Habersack and Christian Mayer
  • The advance effect of directives / Christian Hofmann
  • European contract law / Martin Schmidt-Kessel and Shane McNamee
  • European labour law / Robert Rebhahn
  • European company law / Kaspar Krolop
  • European capital market law / Susanne Kalss
  • European competition law / Thomas Ackermann
  • The case law of the CJEU / Rüdiger Stotz
  • Temporal effects of CJEU judgments / Frank Rosenkranz
  • Germany / Johanna Schmidt-Räntsch
  • France / Ulrike Babusiaux
  • United Kingdom / Michael Schillig
  • Italy / Remo Caponi and Andreas Piekenbrock
  • Spain / Klaus Jochen Albiez Dohrmann and Sixto Sánchez Lorenzo
  • Poland / Ulrich Ernst.
EU law is an autonomous legal system. It requires its own methodology, independent of the national traditions of the Member States. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed. Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')?Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.
(source: Nielsen Book Data)9781780682594 20171017
Law Library (Crown)
Book
xi, 134 pages ; 22 cm.
  • Introduction.- Chapter 1. Gender, Sexuality and Human Rights: A European Perspective.- Chapter 2. Sexual Citizenship: from Social Inclusion to Political Contestation.- Chapter 3. The "Pink Agenda": the Challenges of Promoting Queer-friendly Policies Abroad.- Chapter 4. The Gendered and Sexed Citizen: Different Bodies, Different Rights?.- Chapter 5. Multisexual and Multigender Citizenship: Towards a New Framework of Human Rights Protection in Europe.- Conclusion.
  • (source: Nielsen Book Data)9783319419732 20170213
This book is an innovative and critical contribution to the study of the human rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people in the context of Europe. Combining legal and Foucauldian approaches, it investigates the ways in which current discourses about LGBTIQ rights in Europe are tightly bound to contemporary debates about national and trans-national citizenship. The author defines and analyzes the concept of 'multisexual citizenship' to illustrate new, flexible forms of sexual and gendered citizenship that could radically transform practices of citizenship and the current human rights framework in Europe. She does this by combining critical deconstructions of the case law of the European Court of Human Rights with ethnographic observations and sociological analysis. This interdisciplinary work will appeal to sociologists, lawyers and researchers of gender and LGBTIQ rights.
(source: Nielsen Book Data)9783319419732 20170213
Green Library
Book
xiv, 536 pages ; 24 cm
  • Introduction / Niklas Bruun, Klaus Lörcher, Isabelle Schömann and Stefan Clauwaert
  • The European Social charter as the social constitution of Europe / Olivier de Schutter
  • Interpretation / Klaus Lörcher
  • Implementation : Article I / Teun Jaspers
  • Restrictions : Article G / Aristea Koukiadaki
  • The Charter's supervisory procedures / Stefan Clauwaert
  • Article 1 : the right to work / Simon Deakin
  • Article 2 : the right to just conditions at work / Klaus Lörcher
  • Article 3 : the right to safe and healthy working conditions / Klaus Lörcher
  • Article 4 : the right to a fair remuneration / Zoe Adams and Simon Deakin
  • Article 5 : the right to organise / Antoine Jacobs
  • Article 6 : the right to bargain collective: a matrix for industrial relations / Filip Dorssemont
  • Article 7 : the right of children and young persons to protection / Isabelle Schömann
  • Article 8 : the right of women to maternity protection / Csilla Kollonay-Lehoczky
  • Article 15 : the right of disabled persons to vocational training, rehabilitation and resettlement / Isabelle Schömann
  • Article 19§4 : the right of migrant workers and their families to protection and assistance / Stefan Clauwaert
  • Article 20 : the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex / Csilla Kollonay-Lehoczky
  • Article 21 : the right to information and consultation / Bruno Veneziani
  • Article 22 : the right to take part in determination and improvement of the working conditions and working environment / Niklas Bruun
  • Article 24 : the right to protection in cases of termination of employment / Mélanie Schmitt
  • Article 26 : the right to dignity at work / Csilla Kollonay-Lehoczky
  • Article 27 : the right of workers with family responsibilities to equal opportunities and equal treatment / Isabelle Schömann
  • Article 28 : the right of workers' representation to protection in the undertaking and facilities to be accorded to them / Niklas Bruun
  • Article 29 : the right to information and consultation in collective redundancy procedures / Bruno Veneziani
  • Article E : non-discrimination / Csilla Kollonay-Lehoczky
  • Conclusion: The potentials for the charter to be used / Niklas Bruun, Klaus Lörcher, Isabelle Schömann and Stefan Clauwaert.
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.
(source: Nielsen Book Data)9781509906321 20170717
Law Library (Crown)
Book
xvi, 528 pages ; 25 cm.
  • Introduction
  • England and Wales
  • The Netherlands
  • Recognition of foreign judgments
  • Preclusion by foreign judgments
  • The harmonisation of preclusion law
  • Choice of preclusion law.
"[This book] provides guidance on finality in domestic and international litigation. Ensuring finality in litigation (preclusion) is a challenge. Res judicata and abuse of process are technical doctrines. The same doctrines can also be effective tools to avoid duplicative or vexing litigation. This practitioner s guide describes how preclusion works in English law. Without compromising on the breadth and depth of the analysis, it offers the same treatise of Dutch law, while highlighting critical differences and similarities between these common and civil law systems. Further, it clarifies how preclusion works between these and other jurisdictions. Finally, it suggests improvements to the process of preclusion between jurisdictions."-- Provided by publisher.
Law Library (Crown)