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Author: Bram Akkermans
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a constitutional context. However, this is mostly done at a national level, or by comparing national constitutional property law, usually constitutional property provisions, to other countries. Constitutional property, I submit, is much more than just the national constitutional provision, and concerns the way in which property is to be understood, organised and applied in a legal order. In the EU legal order, which has a single or internal market, which is more than a mere sum of its components, there is a great need to rethink the position of property. The EU internal market is a social market economy to which fundamental principles of property law (freedom of ownership, free circulation of goods and freedom of contract) are inextricably linked. A change away from the market economy will bring great difficulties in the current composition of the EU legal order, as too many aspects are dealt with at the national level. The EU legal order relies heavily on the existence of these fundamental principles of property law in the systems of the Member States that 'upload' these to the EU level. EU economic constitutional law as well as EU social constitutional law can provide guidance for the development of EU (constitutional) property law. There is - borrowing from the South African experience - an algorithm for the development of property law in the EU, in which the primacy of regulation is with private parties, followed by the Member States who are all bound by the economic and social context provided for by EU law. That normative framework is not to be followed voluntarily, but comes with the method and thus with the force of supranational EU law, including direct effect, effet utile, and the principle of sincere cooperation between Member States. This is all balanced by the principles of subsidiarity and proportionality that keep the EU out of matters it should not concern itself with.
Author: Bram Akkermans
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a constitutional context. However, this is mostly done at a national level, or by comparing national constitutional property law, usually constitutional property provisions, to other countries. Constitutional property, I submit, is much more than just the national constitutional provision, and concerns the way in which property is to be understood, organised and applied in a legal order. In the EU legal order, which has a single or internal market, which is more than a mere sum of its components, there is a great need to rethink the position of property. The EU internal market is a social market economy to which fundamental principles of property law (freedom of ownership, free circulation of goods and freedom of contract) are inextricably linked. A change away from the market economy will bring great difficulties in the current composition of the EU legal order, as too many aspects are dealt with at the national level. The EU legal order relies heavily on the existence of these fundamental principles of property law in the systems of the Member States that 'upload' these to the EU level. EU economic constitutional law as well as EU social constitutional law can provide guidance for the development of EU (constitutional) property law. There is - borrowing from the South African experience - an algorithm for the development of property law in the EU, in which the primacy of regulation is with private parties, followed by the Member States who are all bound by the economic and social context provided for by EU law. That normative framework is not to be followed voluntarily, but comes with the method and thus with the force of supranational EU law, including direct effect, effet utile, and the principle of sincere cooperation between Member States. This is all balanced by the principles of subsidiarity and proportionality that keep the EU out of matters it should not concern itself with.
Author: Eveline Ramaekers
Publisher:
ISBN: 9781780681719
Category : Commercial law
Languages : en
Pages : 0
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Book Description
Originally presented as author's thesis (Ph.D.)--Universiteit Maastricht, 2013.
Author: J. H. M. van Erp
Publisher: Europa Law Publishing
ISBN: 9789076871745
Category : Property
Languages : en
Pages : 44
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Book Description
This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.
Author: Roger Smith
Publisher: Longman
ISBN: 9781405853774
Category :
Languages : en
Pages :
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Book Description
Fairhurst: Law of the European Union 5e This updated fifth edition of Law of the European Union, provides a realistic, non-abstract treatment of EU Law. Topics are illustrated as far as possible by decisions of the ECJ and Court of First Instance, and each major area of substantive law is explored by considering its application within the UK. The book is divided into four parts. The first part of the book focuses on the constitutional and administrative law of the European Communities and the European Union. The last three parts of the book focus on substantive EU Law: free movement of persons (including EU citizenship, workers, services and establishment); free movement of goods; and Competition law. Key Features *Covers both EU constitutional and administrative law, and substantive EU law in one volume. *Comprehensive coverage within a manageable format. *Case summaries throughout the book enable students to quickly access the main points of the most relevant cases, and consider the principles of the law in action. New to this edition *Recent legislative and judicial developments are considered throughout the book.*Fully explores the implications of enlargement of the European Union from 15 Member States to 25. *New text design and clearer headings enable students to follow the text with ease. *End of chapter summaries provides students with a structure to reflect on what they have learnt and assists examination revision. *An extended companion website with sample exam questions and outline answers, links to useful online legal resources, and regular updates to the book. The companion website may be found at www.pearsoned.co.uk/fsls. About the author John Fairhurst BA PgDip MPhil Solicitor is Associate Dean (External Development), Faculty of Arts, Law and Social Sciences at Anglia Polytechnic University. He was previously a Jean Monnet Tutor in EU Law and Course Director of the Diploma in Law (CPE) programme at the University of Huddersfield. About this series A framework for successful learning Longman's established Foundations Studies in Law Series prides itself on its clarity of content, engaging case summaries and reference to contemporary issues.With coverage ideally suited to undergraduate and graduate diploma law students, and a wealth of learning support, these texts do more for students of law.For engaging and comprehensive presentation of the rules of law across the LL.B Foundation subjects, turn to the Foundation Studies in Law Series. Other titles currently available in this series Constitutional and Administrative Law . Criminal Law . Law of Tort . Land Law . Law of Contract . Trusts and Equity
Author: Caterina Sganga
Publisher: Edward Elgar Publishing
ISBN: 178643041X
Category : Law
Languages : en
Pages : 296
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Book Description
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.
Author: Koenraad Lenaerts
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 876
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Book Description
This work provides an up-to-date picture of the constitutional law of the European Union and the law governing forms of co-operation among the Member States, such as common foreign and security policy, police and judicial co-operation in criminal matter, such as schengen. The book begins by describing the pathways for integration in teh EU, outlining the substantive, temporal and territorial jurisdiction of the EU. The authors provide an exposition of the objectives and tasks of the Community, together with an analysis of the principles of legal basis, subsidiarity, proportionality and equal treatment. This is followed by an analysis of substantive European law with particular attention given to the principles of the internal market and EMU.
Author: Paul Torremans
Publisher: Kluwer Law International B.V.
ISBN: 9403513144
Category : Law
Languages : en
Pages : 1005
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Book Description
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Author: Justine Pila
Publisher: Oxford University Press, USA
ISBN: 0198831285
Category : Law
Languages : en
Pages : 712
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Book Description
European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.
Author: Wolfgang Tiede
Publisher: GRIN Verlag
ISBN: 3640881257
Category : Law
Languages : en
Pages : 41
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Book Description
Project Report from the year 2007 in the subject Law - European and International Law, Intellectual Properties, language: English, abstract: In nearly all countries, municipalities own or control substantial amounts of real estate, but few municipal governments think of their holdings as a "portfolio" whose composition might be modified to better serve public purposes. Economists therefore propose that legal and institutional frameworks should be set up in order to enable efficient real property asset management on the local level. However, there are good reasons why municipalities may only participate in economic life in exceptional cases. One reason arises from private law: local authority economic enterprises should not be in competition with the private sector in the free market economy. Another reason is derived from public law: activity and involvement in competition are associated with risks for the municipality. Those risks local authorities should not expose themselves to.
Author: Laurent Pech
Publisher:
ISBN: 9781905536139
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
The European Union and its Constitution explores the political and legal status of the EU and addresses a number of assumptions.
