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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
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
xviii, 169 pages ; 25 cm.
  • Introduction
  • Background information on biological invasions
  • Gaps in the global legal framework and the regional alternative
  • The European Union ands 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.
Law Library (Crown)
Book
333 pages ; 24 cm
Law Library (Crown)
Book
xxiv, 263 pages ; 24 cm
  • Introduction / Marise Cremona and Claire Kilpatrick
  • Legal acts and the challenges of democratic accountability / Deidre Curtin
  • The politics of efficient compromise in the adoption of EU legal acts / Päivi Leino
  • Abnormal sources and institutional actions in the EU sovereign debt crisis : ECB crisis management and the sovereign debt loans / Claire Kilpatrick
  • New governance in the EU after the Euro crisis : retired or reborn? / Mark Dawson
  • The social dialogue as a source of EU legal acts : past performance and future perspectives / Aukje A.H. van Hoek
  • Treaties between EU member states as quasi-instruments of EU law / Bruno De Witte and Thibault Martinelli
  • EU acts and member state acts in the negotiation, colnclusion, and implementation of international agreements / Alan Dashwood.
"In this collection of essays...the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of member states such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law."-- Publisher's website.
Law Library (Crown)
Book
xxiv, 311 pages ; 25 cm
  • Foundations
  • Core elements
  • Conclusion and content of contracts
  • Unfair contract terms
  • Performance obligations
  • Consequences of non-performance
  • Preclusion and prescription
  • Outlook.
European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law's contribution and significance are often overlooked and its content, methods and objectives not fully understood. This revised and updated second edition unlocks European contract law by providing fundamental information about the central EU legislation, court decisions, and academic projects in order to show how a system arises from the dialogue between the different sources. Moreover, this second edition takes into account the legislative proposals and challenges resulting from the `Digital Revolution' and the development of a 21st century contract law and also incorporates the new Proposed Digital Content Directive; Proposed Geo-blocking Regulation; Mortgage Directive and Package Travel Directive.
(source: Nielsen Book Data)9781509920587 20180423
Law Library (Crown)
Book
xxviii, 456 pages : 1 portrait ; 25 cm
  • Preface
  • European criminal law and Brexit / Kai Ambos
  • Energising the law's response to terrorism : the decision of the Appeals Chamber of the Special Tribunal of Lebanon and the need for further action / David Baragwanath
  • The transnational dimension of the ne bis in idem principle and the notion of res judicata in the European Union / Martin Böse
  • "The global panopticon" : mass surveillance and data privacy intrusion as a crime against humanity? / Michael Bohlander
  • Environmental and cultural heritage crimes : the possibilities under the Rome Statute / Helen Brady and David Re
  • The role of comparative law in transnational criminal justice / Albin Eser
  • Protecting human rights through exclusionary rules? : highlights on a conflict in criminal proceedings from a comparative perspective / Sabine Gless
  • Implementing Kampala : the new crime of aggression under the German code of crimes against international law / Florian Jeßberger
  • The serendipitous nature of the ICC trial proceedings risks the ICC's credibility / Michael G. Karnavas
  • Vom eingeschränkten Nutzen strafrechtlicher Urteile für die Historiographie : Ein Beitrag zum Zustandekommen des ersten deutschen Urteils wegen Völkermordes in Ruanda / Stefan Kirsch
  • Fundamentally dissenting Judge Schomburg / André Klip
  • Combatting terrorism without secret services? / Otto Lagodny
  • Judges in international criminal cases : challenges, aspirations and duties / Howard Morrison
  • 25 years of international criminal justice : ebb and flow or rise and fall? / Jan Christoph Nemitz
  • International criminal liability for incitement and hate speech / Ines Peterson
  • Die Konfliktregion Südosteuropa und das internationale und nationale Strafrecht / Herwig Roggemann
  • International prosecution of sexual and gender-based crimes perpetrated during the First World War / William A. Schabas
  • The ICTY's Šešelj trial : taking stock of a disaster / Matthias Schuster
  • Aut iustitita aut pax? : enforcement of international prison sentences in (former) conflict areas / Michael Stiel and Carl-Friedrich Stuckenberg.
Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
(source: Nielsen Book Data)9789004352049 20180423
Law Library (Crown)
Book
xv, 292 pages : illustrations ; 24 cm.
  • Introduction
  • Articulating the task of EU translation
  • Formalizing the primacy of English
  • The mixed approach of current EU translation
  • Considering a source-oriented alternative
  • The implementation and its challenges.
Law Library (Crown)
Book
147 pages : illustrations ; 25 cm.
  • Introduction / Sabrine Ragone
  • EU coordination in Greece : "forced" Europeanization under the MoU? / Calliope Spanou
  • EU coordination in Ireland : centralization to master the crisis / Brigid Laffan
  • EU coordination in Portugal : continuity and flexibility in a Troika regime / José M. Magone
  • EU coordination in Cyprus : the limits of Europeanization in times of crisis / Adonis Pegasiou
  • EU coordination in Italy : (predominantly) internally driven changes in times of crisis / Sabrina Ragone
  • Conclusion / Sabrine Ragone.
The financial crisis posed new challenges for the administrations of Eurozone countries, including: how to respect EU obligations when the economy is under stress? How to improve the overall implementation of EU policies and domestic reforms? How to negotiate effectively with the Troika and then quickly and efficiently fulfil the requirements of the Memoranda of Understanding? This volume offers the first analysis of EU coordination by national executives in the light of the legal and political consequences of the crisis, using case studies of five severely affected Member States: Cyprus, Greece, Ireland, Italy, ã and Portugal. It examines from an interdisciplinary perspective how they have adapted their coordination systems since the outbreak of the crisis, shedding light on the adjustments undertaken by domestic administrations. The comparison reveals that in this process Prime Ministers and Ministers of Finance were empowered in a common shift towards the centralization of EU coordination.
(source: Nielsen Book Data)9781138123793 20180416
Law Library (Crown)
Book
xiv, 452 pages ; 24 cm.
  • Introduction
  • The quest for the right balance in the institutional design/between the EU and the member states and between the EU institutions
  • The quest for the right balance between diversity and unity
  • The quest for the right balance between liberty and security
  • The quest for balance regarding criminal justice actors and in their mutual relations
  • Conclusion.
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
(source: Nielsen Book Data)9781509917006 20180306
Law Library (Crown)
Book
xxvi, 410 pages ; 25 cm.
  • Introduction : the dos and don'ts of judicial reform in the European Union / Marie-Pierre Granger & Emmanuel Guinchard
  • The European Court of Human Rights, the perpetual motion? / Jean-Paul Jacqué
  • The French Constitutional Council : another 'work-in-progress' / Marie-Luce Paris
  • The United Kingdom Supreme Court : a study in judicial reform / James Lee
  • The role and powers of the Court of Justice of the European Union / Konstanze von Papp
  • The Court of Justice in the aftermath of judicial reform / Albertina Albors-Llorens
  • The changes to the General Court / Laurent Coutron
  • The Civil Service Tribunal of the European Union : a model to follow as a specialised court? / Waltraud Hakenberg
  • The future Unified Patent Court / Ingve Björn Stjerna
  • Belonging to a club that accepts you as one of its members : some further thoughts on the modern procedure for selection and appointment as judge or advocate general / Henri de Waele
  • The Référendaires, the chambers, staffing and recruitment matters / Imola Streho
  • The legal service of the Commission / Felix Ronkes Agerbeek
  • The European Parliament and the European Court : litigation and other interactions / Kieran Bradley
  • The Parties' lawyers / Bertrand Wägenbaur
  • The Court of Justice's new statute and rules of procedure / Georgia Koutsoukou
  • The General Court's new rules of procedure / Paolo Biavati
  • Special procedure at the Court of Justice : a focus on the PPU / Laure Clément-Wilz
  • e-Curia or how technology changed the Court of Justice of the European Union / Francesco Contini
  • Multilingualism and the European Court of Justice : challenges, reforms and the position of English after Brexit / Mattias Derlén
  • Legal reasoning at the Court of Justice in the context of the Treaty of Lisbon / Gerard Conway
  • Conclusion : Sisyphus in Luxemburg / Emmanuel Guinchard & Marie-Pierre Granger.
The New EU Judiciary' is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ?comparative?, ?insider?, and ?outsider? perspectives.
Law Library (Crown)
Book
xxviii, 291 pages ; 24 cm
  • Foreword / Daniel Rücker, Tobias Kugler
  • Development and importance of the data protection reform / Daniel Rücker
  • Scope of application of the GDPR / Daniel Rücker, Pascal Schumacher
  • Lawful processing of personal data in companies under the General Data Protection Regulation / Sebastian Dienst
  • General conditions for data processing in companies under the GDPR / Joachim Schrey, Pascal Schumacher
  • Practical examples / Tobias Kugler, Eva Irene Wille.
The European Data Protection Basic Regulation brings a uniform data protection law directly applicable in all European Member States, which will also have to be complied with by numerous companies outside the EU with business in the EU. The existing national data protection laws are thus largely replaced. Companies have to adapt their business models and processes to the new requirements within a period of two years.This book is the ideal basis for legal advisors and all internationally affected companies to review existing business processes and to shape new processes and business models in accordance with data privacy.
(source: Nielsen Book Data)9781509920600 20180416
Law Library (Crown)
Book
xvi, 321 pages ; 25 cm
  • Introduction
  • The theoretical framework of copyright propertization
  • Droit d'auteur, copyright and the historical epiphanies of propertization
  • The EU copyright model, or how to lose the compass in a systemic chaos
  • The different effects of copyright propertization : EU vs. member states
  • The social function of copyright as property right
  • Building and harmonizing EU copyright law within the property framework : a four-dimensional experiment of systematization
  • Conclusions.
With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users' fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law. To prove the point, the book provides a comprehensive analysis of causes and effects of propertization in copyright history, comparing the impact of private and constitutional property doctrines in selected national experiences with the unsystematic propertization of EU copyright. The author argues for a systemization of EU copyright law, and provides practical examples of how propertization could help tackling the pitfalls of the harmonization process, achieving a greater interpretative coherence and a more stable copyright balance. Academics and policy makers engaged in the debate on EU copyright harmonization will find the multidisciplinary approach employed in this work compelling. Judges, practitioners and graduate students interested in deepening their knowledge of the construction of EU copyright will also find in this book an all-encompassing resource, rich in practical and theoretical insight.
(source: Nielsen Book Data)9781786430403 20180423
Law Library (Crown)
Book
349 pages ; 25 cm.
  • The rich canvas of EU consumer law : an introduction
  • Regulation of unfair commercial practices
  • Pre-contractual information duties and the right of withdrawal
  • Unfair contract terms
  • Consumer sales
  • Consumer and mortgage credit
  • Product liability and safety
  • EU consumer access to justice and enforcement
  • To boldly go where EU consumer law has not gone before : conclusions.
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU's approach to consumer law and policy.
(source: Nielsen Book Data)9781138058743 20180306
Law Library (Crown)
Book
x, 323 pages ; 25 cm
  • Part I: The Concept of Structural Principles 1. Structural Principles and their Role in EU External Relations Law Marise Cremona 2. Structural Principles in EU Law: Internal and External Loic Azoulai 3. Enforcement of and Compliance with Structural Principles Edoardo Chiti Part II: Relational Principles 4. To Give or To Grab: The Principle of Full, Crippled and Split Conferral of Powers Post-Lisbon Inge Govaere 5. Subsidiarity as a Structural Principle Governing the use of EU External Competences Geert De Baere 6. Conferral, Cooperation and Balance in the Institutional Framework of EU External Action Christophe Hillion 7. Pars Pro Toto: The Member States' Obligations of Sincere Cooperation, Solidarity and Unity Joris Larik 8. The Principle of Transparency in EU External Relations Law: Does Diplomatic Secrecy Stand a Chance of Surviving the Age of Twitter? Paivi Leino 9. The Rule of Law as a Relational Principle Structuring the Union's Action Towards its External Partners Ilaria Vianello Part III: Systemic Principles 10. `Building Coherent EU Responses': Coherence as a Structural Principle in EU External Relations Mireia Estrada Canamares 11. The Search for Effectiveness and the Need for Loyalty in EU External Action Anne Thies 12. The Principle of Autonomy: An Adolescent Disease of EU External Relations Law? Jed Odermatt.
  • (source: Nielsen Book Data)9781782259978 20180423
The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of `structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
(source: Nielsen Book Data)9781782259978 20180423
Green Library
Book
xiii, 271 pages ; 24 cm
  • Establishing the European Energy Union
  • Rules-based energy governance world-wide : the regulation of energy in international law
  • Realising the European Energy Union in union law : internal and external regulation of the energy-cycle.
Law Library (Crown)
Book
vi, 248 pages ; 25 cm
  • Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin
  • On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag
  • Proportionality and deference in contemporary constitutional thought / Duncan Kennedy
  • Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts
  • Ideology and legal reasoning at the European Court of Justice / Tamara Ćapeta
  • Judicial appointments, judicial independence, and the European high courts / Mitchel de S-O-l'E Lasser
  • Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin
  • Useful effect of the framework decision on the European arrest warrant / Siniša Rodin
  • Reflections on European legal formalism / Pieter-Augustijn van Malleghem
  • Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola.
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
(source: Nielsen Book Data)9781509907250 20180416
Law Library (Crown)
Book
xxii, 508 pages ; 24 cm
  • Necessary to conisder EU rules
  • US-EU similarities, differences, and bridges
  • The need for data protection
  • Need for updating data protection
  • EU data protection concepts
  • The instruments
  • The new rules
  • Definitions
  • Principles
  • Prior information conditions
  • Legitimate processing conditions
  • Keeping records
  • Representatives of controllers not established in EU
  • Rights of individual data subjects
  • Rights of confirmation and right of access
  • Right of rectification
  • Right to erasure and right to be forgotten
  • Right to restriction of processing
  • Right to object processing
  • Notification obligation regarding rectification, erasure, or restriction
  • Right against automated individual decisions and profiling
  • Right to prevent direct marketing processing
  • Portability
  • Outsourcing to third-party data processors
  • Children
  • Increased penalties and fines
  • Codes of conduct and certification
  • Security of personal data
  • Data breaches
  • Data protection impact assessment and prior consultation
  • Data protection by design
  • Data protection as default
  • Cross-border transfers of data
  • Right to be informed of third-country safeguards
  • Transparency
  • Health data
  • ePrivacy
  • Courts
  • Some specific issues in GDPR
  • Data protection supervisory authorities
  • The data protection officer.
Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.
(source: Nielsen Book Data)9781138069831 20171218
Law Library (Crown)
Book
xv, 192 pages ; 23 cm
  • Preface
  • Introduction / Pier Luigi Parcu, Giorgio Monti, Marco Botta
  • The role of intent in the assessment of conduct under Article 102 TFEU / Pier Luigi Parcu and Maria Luisa Stasi
  • Article 102 : sources on interpretation / Giorgio Monti
  • Article 102 TFEU in the UK : victims of abuse go directly to court / Richard Whish
  • Standard-essential patents and abusive patent injunctions : the interplay between German courts and the CJEU / Heike Schweitzer
  • Finding of dominance in Austria and Germany : what is the proper role of presumptions of dominance? / Florian Schuhmacher
  • Italy : new forms of abuse of dominance and abuse of law / Mario Siragusa
  • Abuse of dominance in regulated sectors in Italy : recent enforcement trends / Patrick Actis Perinetto and Mel Marquis
  • Sanctioning excessive energy prices as abuse of dominance : are the EU Commission and the National Competition Authorities on the same frequence? / Rozeta Karova and Marco Botta.
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become `abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by `dominant' firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. Employing a range of case studies, this illuminating book adds a cross-country perspective to the growing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analysing the case law of the EU Courts and EU Commission that determine what conduct falls in the `abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision. Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.
(source: Nielsen Book Data)9781785367618 20170814
Law Library (Crown)
Book
lxvii, 550 pages ; 24 cm.
  • Introduction: EU pre-border controls and protection seeker flows
  • Chronology and conceptualisation of "integrated border management" : the "embodied border" paradigm
  • The Schengen Borders Code : securitised admission criteria as the centrepiece of "integrated border management" : instilling ambiguity
  • Common visa policy : bordering from abroad : applying admission criteria before departure
  • Carrier sanctions and ILOs : anticipated enforcement of visa requirements through "imperfect delegation" : diverting flows, entrenching unsafety
  • Frontex : joint maritime interdiction of undifferentiated flows : operationalising "pre-emptive controls"
  • The fundamental rights acquis : an 'integrated approach" to interpretation : the "aggregate standards" model
  • EU non-refoulement : (the irrelevance of) territory and pre-border controls
  • The right to asylum : an individual entitlement to (access) international protection
  • Remedies and procedural guarantees (and the unavoidability of access to territory)
  • Conclusions: Taking EU refugee rights seriously.
Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.
(source: Nielsen Book Data)9780198701002 20180129
Law Library (Crown)