Edinburgh Student Law Review - Issue 3 Europeanisation

Edinburgh Student Law Review - Issue 3 Europeanisation PDF Author:
Publisher: Edinburgh Student Law Revie
ISBN:
Category :
Languages : en
Pages : 110

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Book Description

Edinburgh Student Law Review - Issue 3 Europeanisation

Edinburgh Student Law Review - Issue 3 Europeanisation PDF Author:
Publisher: Edinburgh Student Law Revie
ISBN:
Category :
Languages : en
Pages : 110

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Book Description


The EU Accession to the ECHR

The EU Accession to the ECHR PDF Author: Fisnik Korenica
Publisher: Springer
ISBN: 3319217593
Category : Law
Languages : en
Pages : 481

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Book Description
This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

Citizenship 2.0

Citizenship 2.0 PDF Author: Yossi Harpaz
Publisher: Princeton University Press
ISBN: 069119405X
Category : Law
Languages : en
Pages : 216

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Book Description
"The institution of citizenship has undergone significant change in the last two decades. Since the 1990s, dozens of countries have changed their laws to permit dual citizenship, moving away from the previous model that demanded exclusive allegiance. As a consequence, tens of millions of people around the world now hold citizenship in two (and sometimes three or four) countries. These changes have inevitably had an affect on the lived experience and personal meaning of citizenship, but the existing literature on dual citizenship has mostly focused on immigrants in Western Europe and North America and has inquired about identity and sentimental aspects of citizenship. Yossi Harpaz looks beyond the West in this book, arguing that the rise of dual citizenship has created new opportunities for non-Western elites to convert local advantages into a global resource. Millions draw on ancestral or ethnic ties to Western/EU countries or create such ties strategically in order to obtain a second nationality that will provide them with additional opportunities, an insurance policy, a high-prestige passport and even social status. He draws on qualitative and quantitative material from three cases that represent three pathways to compensatory citizenship: Hungarian-speaking Serbians who draw on their ethnicity to acquire a second citizenship from Hungary; upper-class Mexicans who engage in "birth tourism" in order to secure American citizenship for their children; and Israelis who reacquire the citizenship of European countries from which their parents and grandparents had immigrated half a century earlier"--

Real Estate Investment Trusts In Europe

Real Estate Investment Trusts In Europe PDF Author: Wolfgang Speckhahn
Publisher: Kluwer Law International B.V.
ISBN: 9041191100
Category : Law
Languages : en
Pages : 268

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Book Description
It is well known that investments in real estate provide relatively stable yields compared with stock market volatility, so it is not surprising that, with globalisation, investors have pursued such opportunities across borders, especially where foreign countries offer beneficial tax regimes. Nor it is surprising that states should fear erosion of their tax base in the presence of such investments. This groundbreaking book – the first in-depth comparative analysis of taxation of real estate investment trusts (REITs) in different European Union (EU) Member States – investigates the impact of EU law on direct taxation in the case of REITs, and whether EU policies in this area have led national legislators to adjust their REIT regimes. Presenting detailed case studies of three EU Member States – France (a well-established REIT regime), Bulgaria (a new accession state) and Spain (a recent REIT regime) – this book explores the idea of a harmonised EU REIT, and whether harmonisation among national REIT regimes may be possible. Among the issues and topics arising in the course of the presentation are the following: – ‘goodness of fit’ and adaptational soft pressure; – relevant case law from the European Court of Justice, including both tax and company law; – ‘REIT shopping’; – noncompliance of REIT regimes with EU law; and – criteria for the ‘misfit’ analysis of REIT regimes and potential infringements of EU law. The analysis ultimately documents conditions and circumstances for the creation of a harmonised ‘Euro-REIT’ by assessing the level of change on the area of direct taxation within the Member States which would be needed for such a creation to become reality, identifying common themes across different legal systems that could assist the harmonisation of laws. Throughout, a holistic view is taken, linking tax and company law with considerations of sovereignty, policy and culture. In its structured framework comparing REIT regimes, this incomparable study takes a giant step towards overcoming resistance to a common REIT taxation regime in the EU. As the first comparative study of REIT regimes to identify an emerging common understanding informed by European jurisprudence and Europeanisation policy and theory, it is sure to be welcomed by practitioners, academics and policymakers in European law and international taxation as well as European studies.

Index to Legal Periodicals & Books

Index to Legal Periodicals & Books PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 2000

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Book Description


The Transformation of Citizenship in the European Union

The Transformation of Citizenship in the European Union PDF Author: Jo Shaw
Publisher: Cambridge University Press
ISBN: 1316450511
Category : Law
Languages : en
Pages : 418

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Book Description
This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe PDF Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236

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Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe PDF Author: Katharina Boele-Woelki
Publisher: Intersentia nv
ISBN: 9050952879
Category : Domestic relations
Languages : en
Pages : 600

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Book Description
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain

Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain PDF Author:
Publisher: BRILL
ISBN: 9004364951
Category : History
Languages : en
Pages : 307

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Book Description
A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law PDF Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406

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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.