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Book
xvii, 190 pages ; 25 cm.
Law Library (Crown)
Book
ix, 361 pages ; 22 cm.
Law Library (Crown)
Book
xxxvi, 1141 pages ; 25 cm.
Law Library (Crown)
Book
liii, 314 pages ; 24 cm
This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property. This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know.
Law Library (Crown)
Book
xxiv, 281 pages ; 25 cm.
  • The Legal Framework Applicable to EU Wholesale Energy Markets
  • Anti-manipulation Law : Its Strengths and Weaknesses
  • Manipulative Practices in Energy Markets in US Case Law
  • Manipulation of EU Energy Markets : Experience and Prospects.
"[This] is the first book that specifically focuses on the legal framework established by Regulation on Wholesale Energy Markets Integrity and Transparency (REMIT). In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union's (EU's) REMIT, adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. The extensive legal analysis that the book incorporates is fundamental in exploring the implications of anti-manipulation rules in EU wholesale energy markets"--Publisher's website.
Law Library (Crown)
Book
xlvi, 614 pages : illustrations ; 26 cm.
  • Capital markets union after Brexit / Danny Busch, Emilios Avgouleas, and Guido Ferrarini
  • CMU and the deepening of financial integration / Diego Valiante
  • A stronger role of the European supervisory authorities in the EU27 / Danny Busch
  • A single listing authority and securities regulator for the CMU and the future of ESMA : costs, benefits, and legal impediments / Emilios Avgouleas and Guido Ferrarini
  • Some aspects of the impact of Brexit in the field of financial services / Eddy Wymeersch
  • Capital markets union, third countries, and equivalence : law, markets, and Brexit / Niamh Moloney
  • OTC derivatives clearing, Brexit, and the CMU / Guido Ferrarini and Davide Trasciatti
  • The role of financial innovation in the EU market integration and the capital markets union : a reconceptualization of policy objectives / Emilios Avgouleas
  • Capital markets union : why 'venture capital' is not the answer to Europe's innovation challenge / Erik P.M. Vermeulen
  • FinTech and alternative finance in the CMU : the regulation of marketplace investing / Guido Ferrarini and Eugenia Macchiavello
  • Modernizing the prospectus directive / Bas de Jong and Tomas Arons
  • Small and medium enterprises growth markets / Andrea Perrone
  • Initial public offerings in the CMU : a US perspective / Merritt B. Fox
  • Private placements in the capital markets union : a priority moving in reverse? / Frank G.B. Graaf
  • Damages actions by investors on the back of market closure requirements / Paul Davies
  • Investor protection in the capital markets union / Veerle Colaret
  • A policy framework for European personal pensions? / Mark Heemskerk, René Maatman, and Bas Werker
  • Institutional investors and development of Europe's capital markets / Zsolt Darvas and Dirk Schoenmaker
  • Cross-border distribution of collective investment products in the EU / Matteo Gargantini, Carmine Di Noia, and Georgios Dimitropoulos
  • Relief from prudential requirements to support the capital markets union / Bart Joosen and Kitty Lieverse
  • Securitization in the capital markets union : one step forward, two steps back / Gerard Kastelein
  • A global perspective on securitized debt / Steven L. Schwarcz
  • Shareholder activism in the CMU / Alessio M. Pacces
  • Efforts to strengthen the clearing and settlement framework of the capital markets union / Bas Zebregs and Victor de Serière
  • Preventive restructuring frameworks / Michael Veder and Anne Mennens
  • Removing cross-border tax barriers / Loredana Carpentieri and Stefano Micossi.
Capital Markets Union in Europe analyses the legal and economic aspects of the plans for a Capital Markets Union (CMU) in Europe, which will have a major impact on financial markets and institutions both in the region and beyond.
(source: Nielsen Book Data)9780198813392 20180717
Law Library (Crown)
Book
vi, 237 pages ; 25 cm.
  • In search of European Citizenship 1. Introduction: Claiming Citizenship Rights in Europe [Ali Emre Benli and Daniele Archibugi] 2. European Citizenship in Times of Crisis: What is Left? [Teresa Pullano] PART I. The Refugees Challenge to European Citizenship 3. Addressing the Refugee Crisis by European Citizenship [Marco Cellini] 4. Refugees Traversing Borders: Disobedience as an Act of European Citizenship [Ali Emre Benli] 5. European Asylum Policy and Sexual Orientation [Ilaria Ricci] PART II. European Citizens at the Fringe 6. Prisoner Voting Rights on a European Perspective: The Cases of McHugh & Others v. The United Kingdom and Thierry Delvigne v. Commune de Lesparre Medoc [Viola Scordia] 7. Who Votes and Who Can be Voted in the European Parliament Elections? [Ilaria Ricci] 8. Estonia's Non-Citizens, Citizens of the European Union? [Gigi Mihaita] 9. Sterilisation without Informed Consent: How to Improve European Citizens' Medical Agency [Olga Lenczewska] 10. Parallel Claims for the Human Right to Water: The Case of Roma in Slovenia [Marek Szilvasi] PART III. Emerging Issues and Political Subjects 11. The "Right to be Forgotten": Asserting Control over our Digital Identity or Re-writing History? [Alice Pease] 12. A Right to Protection for Whistleblowers [Daniele Santoro and Manohar Kumar] 13. The Right to Become Visible: A Case for Aesthetic Activism on the EU Level [Daniel Tkatch] Epilogue 14. Claiming Rights to Rejuvenate European Integration [Daniele Archibugi and Ali Emre Benli].
  • (source: Nielsen Book Data)9781138036734 20180409
While the European integration project is facing new challenges, abandonments and criticism, it is often forgotten that there are powerful legal instruments that allow citizens to protect and extend their rights. These instruments and the actions taken to activate them are often overlooked and deliberately ignored in the mainstream debates. This book presents a selection of cases in which legal institutions, social movements, avant-gardes and minorities have tried, and often succeeded, to enhance the current state of human rights through traditional as well as innovative actions. The chapters of this book investigate some of the cases in which the gap between the conventionally recognized rights and those advocated is becoming wider and where traditionally disadvantaged groups raise new problems or new issues are emerging concerning individual freedom, transparency and accountability, which are not yet properly addressed in the current political and legal landscape. Can political institutions and courts without coercive power of last resort actually foster more progressive rights? This book suggests that the expansion of human rights might be a viable strategy to generate a proper European citizenship. This text will be of key interest to scholars and students of European Studies, Politics and International Relations, Law and Society, Sociology and Migration Studies and more broadly to NGOs and policy advisers.
(source: Nielsen Book Data)9781138036734 20180409
Green Library
Book
xliii, 270 pages ; 24 cm
  • Introducing the collaborative economy
  • Market access and consumer protection in the collaborative economy
  • Data in the collaborative economy
  • The collaborative economy and EU competition law
  • Labour relations in the collaborative economy
  • Dispute resolution
  • The regulation of the collaborative economy.
`Disruptive innovation', `the fourth industrial revolution', `one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application - or indeed inadequacy - of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.
(source: Nielsen Book Data)9781509917136 20180530
Law Library (Crown)
Book
xliii, 495 pages : illustrations ; 25 cm.
  • The legal framework
  • The underlying right to damages
  • Indirect purchaser standing and passing-on
  • Proving the infringement
  • Further substantive and procedural issues
  • Colective action
  • Private international law aspects
  • Quantification of antitrust damages / by Frank Maier-Rigaud and Ulrich Schwalbe.
Law Library (Crown)
Book
pages cm.
  • Michael Walzer and complex equality
  • The principle of equal treatment of persons irrespective of gender
  • Racial or ethnic origin, religion or belief, disability, age, and sexual orientation : new statuses, new status rights?
  • Nationality discrimination
  • Semi-suspect and non-suspect grounds
  • Reflections
  • Presenting a theory of mediated complexity
  • Evaluation.
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle's doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU's judges complement the Aristotelian test with a new one based on Michael Walzer's theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Law Library (Crown)
Book
xvi, 312 pages ; 25 cm.
  • Chapter 1: Introduction Chapter 2: Why history matters Chapter 3: Towards an EU Birds Directive Chapter 4: Negotiation of the Birds Directive (1976-1979) and its early implementation Chapter 5: Towards an EU Habitats Directive Chapter 6: The Habitats Directive proposal Chapter 7: Negotiating the Habitats Directive I: the Greek and Spanish presidencies (July 1988 to June 1989) Chapter 8: Negotiating the Habitats Directive II: the French, Irish and Italian presidencies (July 1989 to December 1990) Chapter 9: Negotiating the Habitats Directive III: the Luxembourg and Dutch presidencies (January 1991 to December 1991) and adoption of the directive in May 1992 Chapter 10: Implementation and the law of Natura 2000 Chapter 11: Discussion and conclusions.
  • (source: Nielsen Book Data)9781138203655 20180604
The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU's entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe's most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.
(source: Nielsen Book Data)9781138203655 20180604
Green Library
Book
xx, 338 pages ; 25 cm.
  • Reconstructing rights : project synthesis and recommendations / P. Bernt Hugenholtz & Martin Kretschmer
  • Brief history of value gaps : pre-internet copyright protection and exploitation models / João Pedro Quintais & Joost Poort
  • Deconstructing copyright / Stefan Bechtold
  • Fairness-based approach to economic rights / Ansgar Ohly
  • Right to reasonable exploitation concretized : an incentive based approach / Ole-Andreas Rognstad & Joost Poort
  • Realigning economic rights with exploitation of works : the control of authors over the circulation of works in the public sphere / Séverine Dusollier
  • Reconstructing the reproduction and communication to the public rights : how to align copyright with its fundamentals / Alain Strowel
  • Towards a universal right of remuneration : legalizing the non-commercial online use of works / P. Bernt Hugenholtz & João Pedro Quintais
  • Borderlines of copyright protection : an economic analysis / Joost Poort.
"This book is the result of a collaborative academic research project ('Reconstructing Rights') that ran from the autumn of 2014 to the summer of 2017. The aim of the project was to 'reconstruct' the economic rights protected under EU copyright law, by bringing these rights more in line with economic and technological realities"--Preface.
Law Library (Crown)
Book
xxix, 296 pages ; 24 cm.
The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order. -- Provided by publisher.
Law Library (Crown)
Book
xii, 233 pages : illustrations ; 25 cm.
  • The Court of Justice then, now and tomorrow / Anthony Arnull
  • Preliminary rulings to the CJEU and the Swedish judiciary : current developments / Ulf Bernitz
  • A dynamic analysis of judicial behaviour : the auto-correct function of constitutional pluralism / Ana Bobić
  • Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler
  • Serving two masters : CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm
  • The role of the court in limiting national policy-making? : requiring safeguards against the arbitrary use of discretion / Angelica Ericsson
  • Institutional balance as constitutional dialogue : a Republican paradigm for the EU / Desmond Johnson
  • House of cards in Luxemburg? : a brief defence of the strategic model of judicial politics in the context of the European Union / Olof Larsson and Daniel Naurin
  • Referring court influence in the preliminary ruling procedure : the Swedish example / Anna Wallerman
  • Citizen control through judicial review / Anna Wetter Ryde
  • The Scandinavians : the foot-dragging supporters of European law? / Marlene Wind
  • On specialisation of chambers at the General Court / Ulf Öberg, Mohamed Ali and Pauline Sabouret.
In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world. The need to understand the CJEU has never been greater. This volume is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court.
(source: Nielsen Book Data)9781509919086 20180423
Law Library (Crown)
Book
vii, 342 pages ; 25 cm.
  • Introduction
  • Subsidiarity and proportionality and the balance of power between the EU and the member states
  • Subsidiarity and proportionality and the role of the CJEU in relation to interpretation of shared competence
  • The CJEU, subsidiarity and determining the residency rights of EU citizens
  • Subsidiarity and proportionality review by the CJEU
  • Conclusion.
In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.
(source: Nielsen Book Data)9789004344280 20180611
Law Library (Crown)
Book
xxiv, 286 pages ; 24 cm.
  • Enforcement of the EU competition rules
  • Fundamental rights in the EU
  • Criminal sanctions
  • Introduction to Part II
  • The right to enter
  • Dawn raids in sector inquiries
  • Once inside : measures taken during the inspection
  • The privilege against self-incrimination
  • Legal professional privilege
  • Access to courts
  • Dawn raids at non-business premises
  • Conclusions.
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.
Law Library (Crown)
Book
xiv, 351 pages : illustrations ; 26 cm.
Law Library (Crown)
Book
x, 332 pages ; 25 cm
  • The contractual concept of life time contracts under scrutiny / Luca Nogler & Udo Reifner
  • Life time contracts and general contract law in the EU : Pour un Droit Commun des life time contracts / Muriel Fabre-Magnan
  • Life time contracts and contracts in general : fundamental rights of the person and their family, fair price, termination / Andrea Nicolussi
  • Do some business relationships fall within the scope of the principles of life time contracts? / Antonio Albanese
  • Comparing rules on change of circumstances with the principles of life time contracts / Nuno Manuel Pinto Oliveira
  • Regulating 'Imprévision' in the new French contract law reform and life time contracts / Alvise Schiavon
  • Le Rôle de la Formation dans le Cadre des Contrats à Temps Essentiels à l'Existence de la Personne / Giulia Merlo
  • Prenuptial and tenancy agreements as relational contracts / Alexander Flos
  • Collective responses to the new economy in US labor law / Charles F. Szymanski
  • Back to the roots : re-embedding labour law into civil law to prevent evasion of labour law / Elisabeth Brameshuber
  • Plateformes, crowdsourcing, et Principes des life time contracts / Julien-Alexis Defromont
  • The protection of the primary residence of mortgage debtors : embedding the 'basic needs' principle in mortgage repossession proceedings / Anthi Beka
  • Home mortgage loans as life time contracts / Alan M. White
  • The collective dimension of life time contracts : a labour law perspective / Orsola Razzolini
  • Postface: Regards d'un Civiliste Française / Pascal Ancel.
Following the success of EuSoCo's book, Life Time Contracts: Social Long-term Contracts in Labour, Tenancy and Consumer Credit Law (Eleven International Publishing, 2014), in which EuSoCo laid out sixteen Principles of Life Time Contracts to apply whenever individuals seek to form or continue such social long-term relationships, in this book, we expand thereon, making the Principles more accessible and useful to practitioners, judges, and even policy makers. As society depends on individuals being able to meet certain basic necessities, the need to elaborate common principles to preserve and protect Life Time Contracts remains crucial. In this book we focus on how practitioners, judges, and policy makers can embed these sixteen Principles in the existing legal framework. To aid them in this task, we expand on the way these Principles can be used to interpret and inform general contract law, with a special emphasis on employment, consumer credit, and residential tenancy contracts. We pay particular attention to those areas affected by the digital economy and by regulatory measures introduced in response to the economic crisis and recession.
(source: Nielsen Book Data)9789462367739 20180702
Law Library (Crown)
Book
204 pages ; 23 cm
The European integration project has been one of the success stories of the last century. The predominant Zeitgeist during this period was to advance this project by deepening mutual cooperation, encapsulated in the famous formula of an `ever closer Union'. Brexit evidently has put an end to this concept. So are we - horrible dictu - about to witness the beginning of the end of the EU? In order to answer this complex question, this volume will analyse a number of important aspects of the looming `-exits' - be it Brexit, Grexit or Plexit. It will then try to develop a set of solutions to these problems, such as the realignment and delimitation of the EU's competences, a new normative framework for an orderly withdrawal from the Eurozone and a greater focus on the role of the regions in Europe to mention but a few.
(source: Nielsen Book Data)9781509924240 20181001
Green Library
Book
xviii, 169 pages ; 25 cm.
  • Introduction
  • Background information on biological invasions
  • Gaps in the global legal framework and the regional alternative
  • The European Union and its role in addressing the threat of biological invasions : regional environmental governance at work
  • EU regulation 1143/2014 : genesis, adoption and implementation : an assessment
  • Conclusions.
The consequences of the introduction and spread of invasive alien species in non-native ecosystems is an area of growing interest for ã international policymakers and regulators. Globalisation has increased the rate and magnitude of biological invasions, resulting in huge environmental, economic and social costs. Until recently, the effectiveness of international efforts to provide a coordinated response to the threat of alien invasions have been limited. This book considers the existing Multilateral Environmental Agreements and looks at the potential role of regional environmental governance, particularly in consideration of the adoption of the European Parliament and Council regulation 1143/2014 on the management and control of invasive species, to provide an effective response to this global threat.
(source: Nielsen Book Data)9781138292994 20180508
Law Library (Crown)