Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
ISBN: 9403532718
Category : Law
Languages : en
Pages : 336
Book Description
GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.
GDPR: Personal Data Protection in the European Union
Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
ISBN: 9403532718
Category : Law
Languages : en
Pages : 336
Book Description
GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.
Publisher: Kluwer Law International B.V.
ISBN: 9403532718
Category : Law
Languages : en
Pages : 336
Book Description
GDPR: Personal Data Protection in the European Union Mariusz Krzysztofek Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) (EU) 2016/679. Following the GDPR’s recent reform – the most extensive since the first EU laws in this area were adopted and implemented into the legal orders of the Member States – this book offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers, and rights of data subjects, providing a thorough, up-to-date account of the legal and practical aspects of personal data protection in the EU. Coverage includes the recent Court of Justice of the European Union (CJEU) judgment on data transfers and new or updated data protection authorities’ guidelines in the EU Member States. Among the broad spectrum of aspects of the subject covered are the following: – right to privacy judgments of the CJEU and the European Court of Human Rights; – scope of the GDPR and its key definitions, key principles of personal data processing; – legal bases for the processing of personal data; – direct and digital marketing, cookies, and online behavioural advertising; – processing of personal data of employees; – sensitive data and criminal records; – information obligation & privacy notices; – data subjects rights; – data controller, joint controllers, and processors; – data protection by design and by default, data security measures, risk-based approach, records of personal data processing activities, notification of a personal data breach to the supervisory authority and communication to the data subject, data protection impact assessment, codes of conduct and certification; – Data Protection Officer; – transfers of personal data to non-EU/EEA countries; and – privacy in the Internet and surveillance age. Because the global scale and evolution of information technologies have changed the data processing environment and brought new challenges, and because many non-EU jurisdictions have adopted equivalent regimes or largely analogous regulations, the book will be of great usefulness worldwide. Multinational corporations and their customers and contractors will benefit enormously from consulting and using this book, especially in conducting case law, guidelines and best practices formulated by European data protection authorities. For lawyers and academics researching or advising clients on this area, this book provides an indispensable source of practical guidance and information for many years to come.
The EU General Data Protection Regulation (GDPR)
Author: Christopher Kuner
Publisher: Oxford University Press, USA
ISBN: 9780198826491
Category : Law
Languages : en
Pages : 1360
Book Description
This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. The book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.
Publisher: Oxford University Press, USA
ISBN: 9780198826491
Category : Law
Languages : en
Pages : 1360
Book Description
This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. The book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.
Fundamentals of Clinical Data Science
Author: Pieter Kubben
Publisher: Springer
ISBN: 3319997130
Category : Medical
Languages : en
Pages : 218
Book Description
This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.
Publisher: Springer
ISBN: 3319997130
Category : Medical
Languages : en
Pages : 218
Book Description
This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.
The EU General Data Protection Regulation (GDPR)
Author: Lukas Feiler
Publisher: Globe Law and Business Limited
ISBN: 9781787421363
Category : Data protection
Languages : en
Pages : 0
Book Description
From May 2018, the General Data Protection Regulation 2016/679 (GDPR) replaces the Data Protection Directive 95/46/EC, representing a significant overhaul of data protection law in the European Union. Applicable to all EU Member States, the GDPR's relevance spans not only organizations operating within the EU, but also those operating outside the EU. This commentary, published in association with German Law Publishers, provides a detailed look at the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance. Content includes: full text of the GDPR's articles and recitals, article-by-article commentary explaining the individual provisions and elements of each article; a general introduction to data protection law with a focus on issues such as: how to adapt a compliance management programme; whether or not to appoint a data protection officer; 'privacy by design' and 'privacy by default'; the consequences of non-compliance with the GDPR; data portability; and, the need for data protection impact assessments, a detailed index. In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation. Book jacket.
Publisher: Globe Law and Business Limited
ISBN: 9781787421363
Category : Data protection
Languages : en
Pages : 0
Book Description
From May 2018, the General Data Protection Regulation 2016/679 (GDPR) replaces the Data Protection Directive 95/46/EC, representing a significant overhaul of data protection law in the European Union. Applicable to all EU Member States, the GDPR's relevance spans not only organizations operating within the EU, but also those operating outside the EU. This commentary, published in association with German Law Publishers, provides a detailed look at the individual articles of the GDPR and is an essential resource aimed at helping legal practitioners prepare for compliance. Content includes: full text of the GDPR's articles and recitals, article-by-article commentary explaining the individual provisions and elements of each article; a general introduction to data protection law with a focus on issues such as: how to adapt a compliance management programme; whether or not to appoint a data protection officer; 'privacy by design' and 'privacy by default'; the consequences of non-compliance with the GDPR; data portability; and, the need for data protection impact assessments, a detailed index. In addition to lawyers and in-house counsel, this book is also suitable for law professors and students, and offers comprehensive coverage for law professors and students, and offers comprehensive coverage of this increasingly important area of data protection legislation. Book jacket.
Handbook on European data protection law
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
GDPR: General Data Protection Regulation (EU) 2016/679
Author: Mariusz Krzysztofek
Publisher: Kluwer Law International B.V.
ISBN: 9403505958
Category : Law
Languages : en
Pages : 410
Book Description
Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) of 2016. This book on this major data protection reform offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers and rights of data subjects. This is the core of the personal data protection regime. GDPR is applicable directly in all Member States, providing for a unification of data protection rules within the EU. However, it poses a problem in enabling international trade and data transfers outside the EU between economies which have different data protection models in place. Among the broad spectrum of aspects of the subject covered are the following: – summary of the changes introduced by the GDPR; – new territorial scope; – key principles of personal data processing; – legal bases for the processing of personal data; – marketing, cookies and profiling; – new information clauses; – new Subject Access Requests (SARs), including the ‘right to be forgotten’ on the Internet, the right to data portability and the right to object to profiling; – new data protection by design and by default; – benefits from implementing a data protection certificate; and – data transfers outside the EU, including BCRs, SCCs and special features of EU–US arrangements. This book references many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, examples and best practices, making it of great practical value to lawyers and business leaders. Because of the increase in legal certainty in this area guaranteed by the GDPR, multinational corporations and their customers and contractors will benefit enormously from consulting and using this book. For practitioners and academics, researching or advising clients on this area, and government policy advisors, this book provides an indispensable source of guidance and information for many years to come.
Publisher: Kluwer Law International B.V.
ISBN: 9403505958
Category : Law
Languages : en
Pages : 410
Book Description
Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) of 2016. This book on this major data protection reform offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers and rights of data subjects. This is the core of the personal data protection regime. GDPR is applicable directly in all Member States, providing for a unification of data protection rules within the EU. However, it poses a problem in enabling international trade and data transfers outside the EU between economies which have different data protection models in place. Among the broad spectrum of aspects of the subject covered are the following: – summary of the changes introduced by the GDPR; – new territorial scope; – key principles of personal data processing; – legal bases for the processing of personal data; – marketing, cookies and profiling; – new information clauses; – new Subject Access Requests (SARs), including the ‘right to be forgotten’ on the Internet, the right to data portability and the right to object to profiling; – new data protection by design and by default; – benefits from implementing a data protection certificate; and – data transfers outside the EU, including BCRs, SCCs and special features of EU–US arrangements. This book references many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, examples and best practices, making it of great practical value to lawyers and business leaders. Because of the increase in legal certainty in this area guaranteed by the GDPR, multinational corporations and their customers and contractors will benefit enormously from consulting and using this book. For practitioners and academics, researching or advising clients on this area, and government policy advisors, this book provides an indispensable source of guidance and information for many years to come.
Modern Socio-Technical Perspectives on Privacy
Author: Bart P. Knijnenburg
Publisher: Springer Nature
ISBN: 3030827860
Category : Digital media
Languages : en
Pages : 459
Book Description
Intro -- Foreword -- Acknowledgement -- Contents -- 1 Introduction and Overview -- 1.1 Introduction -- 1.2 What Is Privacy? -- 1.3 Privacy Theory and Methods -- 1.4 Domains -- 1.5 Audiences -- 1.6 Moving Forward -- 1.7 Conclusion -- References -- Part I Privacy Theory and Methods -- 2 Privacy Theories and Frameworks -- 2.1 Introduction -- 2.2 Privacy as Information Disclosure -- 2.2.1 Privacy Calculus: Assessing the Benefit vs. Cost of Information Disclosures -- 2.2.2 Privacy Paradox: The Discrepancy Between Users' Privacy Concerns and Information Disclosure Behavior -- 2.2.3 Westin's Privacy Taxonomy: The Classification of Consumers' Privacy Knowledge and Preferences -- 2.3 Privacy as an Interpersonal Boundary Regulation Process -- 2.3.1 Altman's Conceptualization of Privacy -- 2.3.2 Petronio's Communication Privacy Management Theory -- 2.4 Privacy as Social Context, Norms, and Values -- 2.4.1 Considering Social Contexts -- 2.4.2 Identifying Privacy Norms and Human Values in Design -- 2.4.3 Applying Contextual Integrity to Practice -- 2.5 A Privacy Affordance and Design Perspective -- 2.5.1 Privacy Affordances -- 2.5.2 Privacy by Design -- 2.6 The Future of Modern Privacy: Individual Differences and User-Centered Privacy -- 2.7 Guidelines for Applying Privacy Frameworks in Practice -- 2.8 Chapter Summary -- References -- 3 Revisiting APCO -- 3.1 Introduction -- 3.2 The APCO Model -- 3.2.1 The Antecedents of Privacy Concerns -- 3.2.2 Privacy Concerns -- 3.2.3 Measuring Privacy Concerns -- 3.2.4 Trust and Privacy Calculus -- 3.3 Enhanced APCO: An Expanded View on Privacy Research -- 3.4 The Research Landscape After APCO -- 3.4.1 Evolution of Technology and Personalization of Services -- 3.5 Conclusion and Avenues of Future Research -- References -- 4 Privacy and Behavioral Economics -- 4.1 Introduction -- 4.2 Uncertainty -- 4.3 Context-Dependence.
Publisher: Springer Nature
ISBN: 3030827860
Category : Digital media
Languages : en
Pages : 459
Book Description
Intro -- Foreword -- Acknowledgement -- Contents -- 1 Introduction and Overview -- 1.1 Introduction -- 1.2 What Is Privacy? -- 1.3 Privacy Theory and Methods -- 1.4 Domains -- 1.5 Audiences -- 1.6 Moving Forward -- 1.7 Conclusion -- References -- Part I Privacy Theory and Methods -- 2 Privacy Theories and Frameworks -- 2.1 Introduction -- 2.2 Privacy as Information Disclosure -- 2.2.1 Privacy Calculus: Assessing the Benefit vs. Cost of Information Disclosures -- 2.2.2 Privacy Paradox: The Discrepancy Between Users' Privacy Concerns and Information Disclosure Behavior -- 2.2.3 Westin's Privacy Taxonomy: The Classification of Consumers' Privacy Knowledge and Preferences -- 2.3 Privacy as an Interpersonal Boundary Regulation Process -- 2.3.1 Altman's Conceptualization of Privacy -- 2.3.2 Petronio's Communication Privacy Management Theory -- 2.4 Privacy as Social Context, Norms, and Values -- 2.4.1 Considering Social Contexts -- 2.4.2 Identifying Privacy Norms and Human Values in Design -- 2.4.3 Applying Contextual Integrity to Practice -- 2.5 A Privacy Affordance and Design Perspective -- 2.5.1 Privacy Affordances -- 2.5.2 Privacy by Design -- 2.6 The Future of Modern Privacy: Individual Differences and User-Centered Privacy -- 2.7 Guidelines for Applying Privacy Frameworks in Practice -- 2.8 Chapter Summary -- References -- 3 Revisiting APCO -- 3.1 Introduction -- 3.2 The APCO Model -- 3.2.1 The Antecedents of Privacy Concerns -- 3.2.2 Privacy Concerns -- 3.2.3 Measuring Privacy Concerns -- 3.2.4 Trust and Privacy Calculus -- 3.3 Enhanced APCO: An Expanded View on Privacy Research -- 3.4 The Research Landscape After APCO -- 3.4.1 Evolution of Technology and Personalization of Services -- 3.5 Conclusion and Avenues of Future Research -- References -- 4 Privacy and Behavioral Economics -- 4.1 Introduction -- 4.2 Uncertainty -- 4.3 Context-Dependence.
The Foundations of EU Data Protection Law
Author: Orla Lynskey
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 337
Book Description
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Publisher: Oxford University Press
ISBN: 0191028061
Category : Law
Languages : en
Pages : 337
Book Description
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Data Protection Compliance
Author: Laura L. Keogh
Publisher:
ISBN: 9781911611240
Category : Data protection
Languages : en
Pages : 270
Book Description
Publisher:
ISBN: 9781911611240
Category : Data protection
Languages : en
Pages : 270
Book Description
Services of General Economic Interest as a Constitutional Concept of EU Law
Author: Caroline Wehlander
Publisher: Springer
ISBN: 9462651175
Category : Law
Languages : en
Pages : 381
Book Description
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Publisher: Springer
ISBN: 9462651175
Category : Law
Languages : en
Pages : 381
Book Description
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.