Principles of Proper Conduct for Supranational, State and Private Actors in the European Union

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union PDF Author: Jan Wouters
Publisher: Intersentia nv
ISBN: 9050951627
Category : Conflict of laws
Languages : en
Pages : 234

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Book Description
This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union PDF Author: Jan Wouters
Publisher: Intersentia nv
ISBN: 9050951627
Category : Conflict of laws
Languages : en
Pages : 234

Get Book Here

Book Description
This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union

Principles of Proper Conduct for Supranational, State and Private Actors in the European Union PDF Author: Walter Gervan
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages :

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Book Description


Consumer Involvement in Private EU Competition Law Enforcement

Consumer Involvement in Private EU Competition Law Enforcement PDF Author: Maria Ioannidou
Publisher: OUP Oxford
ISBN: 0191039888
Category : Law
Languages : en
Pages : 289

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Book Description
Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

European Objects

European Objects PDF Author: Brice Laurent
Publisher: MIT Press
ISBN: 0262368560
Category : Political Science
Languages : en
Pages : 281

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Book Description
How interventions based on objects—including chemicals, financial products, and consumer goods—offer a path to rethink European integration. Interventions based on objects, Brice Laurent claims, have become a dominant path for European policy-making. In European Objects, Laurent analyzes the political consequences of these interventions and their democratization. He uses the term “European objects” to describe technical entities that are regulated—and thereby transformed—by European policies. To uncover the bureaucratic and regulatory intricacies of European governance, Laurent focuses on a series of these objects, including food products, chemicals, financial products, consumer goods, drinking water, and occupational environments. Laurent argues that taking European objects seriously offers a way to rephrase the dreams of harmonization and, eventually, rethink the constitutional strength of European integration. Laurent doesn’t just clarify how European regulation works, but also explores ways to realize long-term objectives for European integration, such as a harmonized market or an objective expertise. Regulation is best understood as “regulatory machinery” bringing together various types of legal constraints, material interventions on objects, and the imagining of desirable futures. Analyzing European objects enables Laurent to explore what regulation has become after years of evolution have made it a central component of the European policy world. He offers practical illustrations of how the regulatory machinery functions today. If Europe succeeds at reinventing the terms of its legitimacy with objects that matter for the European publics, it will provide a telling demonstration that the opposition of expertise and populism is not the unavoidable fate of liberal democracies.

EC Private Antitrust Enforcement

EC Private Antitrust Enforcement PDF Author: Assimakis Komninos
Publisher: Bloomsbury Publishing
ISBN: 1847314082
Category : Law
Languages : en
Pages : 366

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Book Description
This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Individual Rights in EU Law

Individual Rights in EU Law PDF Author: Bjarte Thorson
Publisher: Springer
ISBN: 3319327712
Category : Law
Languages : en
Pages : 392

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Book Description
This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

The Enforcement of EC Environmental Law

The Enforcement of EC Environmental Law PDF Author: Pål Wennerås
Publisher: OUP Oxford
ISBN: 0191566527
Category : Law
Languages : en
Pages : 368

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Book Description
It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.

Modernisation and Enlargement

Modernisation and Enlargement PDF Author: Damien Geradin
Publisher: Intersentia nv
ISBN: 9050954324
Category : Antitrust law
Languages : en
Pages : 404

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Book Description
This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.

Article 234 and Competition Law

Article 234 and Competition Law PDF Author: Manuel Alba Fernández
Publisher: Kluwer Law International B.V.
ISBN: 9041126058
Category : Law
Languages : en
Pages : 682

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Book Description
On all relevant cases, including crucially the post-ruling.

Policy change in the Area of Freedom, Security and Justice

Policy change in the Area of Freedom, Security and Justice PDF Author: Florian Trauner
Publisher: Routledge
ISBN: 1317660463
Category : Political Science
Languages : en
Pages : 265

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Book Description
The EU plays an increasingly important role in issues such as the fight against organised crime and the management of migration flows, transforming the Area of Freedom, Security and Justice (AFSJ) into a priority of the EU’s political and legislative agenda. This book investigates whether institutional change - the gradual communitarisation of the AFSJ - has triggered policy change, and in doing so, explores the nature and direction of this policy change. By analysing the role of the EU’s institutions in a systematic, theory-informed and comparative way, it provides rich insights into the dynamics of EU decision-making in areas involving high stakes for human rights and civil liberties. Each chapter contains three sections examining: the degree of policy change in the different AFSJ fields, ranging from immigration and counter-terrorism to data protection the role of EU institutions in this process of change a case study determining the mechanisms of change. The book will be of interest to practitioners, students and scholars of European politics and law, EU policy-making, security and migration studies, as well as institutional change.