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Author: Helene Andersson
Publisher: Bloomsbury Publishing
ISBN: 1509969438
Category : Law
Languages : en
Pages : 348
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Book Description
The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.
Author: Helene Andersson
Publisher: Bloomsbury Publishing
ISBN: 1509969438
Category : Law
Languages : en
Pages : 348
Get Book Here
Book Description
The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.
Author: Helene Andersson
Publisher: Bloomsbury Publishing
ISBN: 1509969446
Category : Law
Languages : en
Pages : 345
Get Book Here
Book Description
The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.
Author: Pauline Vaeluaga Smith
Publisher: Chronicle Books
ISBN: 1646140222
Category : Juvenile Fiction
Languages : en
Pages : 228
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Book Description
Imagine this: You're having an amazing family holiday, one where everyone is there and all 18 of you are squeezed into one house. All of sudden it's 4 o'clock in the morning and there's banging and yelling and screaming. The police are in the house pulling people out of bed ... Sofia is like most 12-year-old girls in New Zealand. How is she going to earn enough money for those boots? WHY does she have to give that speech at school? Who is she going to be friends with this year? It comes as a surprise to Sofia and her family when her big brother, Lenny, starts talking about protests, "overstayers", and injustices against Pacific Islanders by the government. Inspired by the Black Panthers in America, a group has formed called the Polynesian Panthers, who encourage immigrant and Indigenous families across New Zealand to stand up for their rights. Soon the whole family becomes involved in the movement. Told through Sofia's diary entries, with illustrations throughout, Dawn Raid is the story of one ordinary girl living in extraordinary times, learning how to stand up and fight.
Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 535
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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: Pierre Horna
Publisher: Bloomsbury Publishing
ISBN: 1509933697
Category : Law
Languages : en
Pages : 460
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Book Description
This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.
Author: Helene Andersson
Publisher: Bloomsbury Publishing
ISBN: 1509942491
Category : Law
Languages : en
Pages : 314
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Book Description
This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Author: Caroline Kuzemko
Publisher: Bloomsbury Publishing
ISBN: 1137410086
Category : Business & Economics
Languages : en
Pages : 264
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Book Description
The supply and demand of energy, its security and environmental sustainability are increasingly central issues in the contemporary world. This broad-ranging new text provides an international and interdisciplinary introduction to today's political, economic, security, policy and technological challenges set in a clear historical context.
Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 150998044X
Category : Law
Languages : en
Pages : 287
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Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Elizabeth Kolbert
Publisher: Crown
ISBN: 0593136292
Category : Science
Languages : en
Pages : 273
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Book Description
NATIONAL BESTSELLER • The Pulitzer Prize–winning author of The Sixth Extinction returns to humanity’s transformative impact on the environment, now asking: After doing so much damage, can we change nature, this time to save it? RECOMMENDED BY PRESIDENT OBAMA AND BILL GATES • SHORTLISTED FOR THE WAINWRIGHT PRIZE FOR WRITING • ONE OF THE TEN BEST BOOKS OF THE YEAR: The Washington Post • ONE OF THE BEST BOOKS OF THE YEAR: Time, Esquire, Smithsonian Magazine, Vulture, Publishers Weekly, Kirkus Reviews, Library Journal • “Beautifully and insistently, Kolbert shows us that it is time to think radically about the ways we manage the environment.”—Helen Macdonald, The New York Times That man should have dominion “over all the earth, and over every creeping thing that creepeth upon the earth” is a prophecy that has hardened into fact. So pervasive are human impacts on the planet that it’s said we live in a new geological epoch: the Anthropocene. In Under a White Sky, Elizabeth Kolbert takes a hard look at the new world we are creating. Along the way, she meets biologists who are trying to preserve the world’s rarest fish, which lives in a single tiny pool in the middle of the Mojave; engineers who are turning carbon emissions to stone in Iceland; Australian researchers who are trying to develop a “super coral” that can survive on a hotter globe; and physicists who are contemplating shooting tiny diamonds into the stratosphere to cool the earth. One way to look at human civilization, says Kolbert, is as a ten-thousand-year exercise in defying nature. In The Sixth Extinction, she explored the ways in which our capacity for destruction has reshaped the natural world. Now she examines how the very sorts of interventions that have imperiled our planet are increasingly seen as the only hope for its salvation. By turns inspiring, terrifying, and darkly comic, Under a White Sky is an utterly original examination of the challenges we face.
Author: Jan Wouters
Publisher: Oxford University Press
ISBN: 019254392X
Category : Law
Languages : en
Pages : 1057
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Book Description
The European Union and Human Rights: Analysis, Cases, and Materials maps and critiques the EU's commitment to human rights in both internal and external affairs. The book covers the evolution as well as the current state of the EU's engagement with human rights, focusing, on the internal side, on the role of the EU law in the multi-faceted system of human rights protection and, on the external side, on the EU's efforts to bind its foreign policy to promoting himan rights. This book combines analysis of key developments with a wide range of sources, including extracts from legislation, case law, policy documents, and research of other scholars. The inclusion of both primary and secondary materials is intended to guide readers to acquire a deep understanding of EU human rights law and policy. This title devotes significant attention to explicating the fundamental concepts and systemic features of the EU's human rights protection and promotion. In addition, chapters devoted to individual topics provide more depth on a range of policy areas in both the internal and external dimension of EU affairs. Topics covered by these individual chapters include non-discrimination and competition law, migration, trade policy, and development cooperation.
