The Interim Protection of Individuals Before the European and National Courts PDF Download
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Author: Dimitrios Sinaniotis
Publisher: Kluwer Law International B.V.
ISBN: 9041124985
Category : Law
Languages : en
Pages : 202
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Book Description
This thesis focuses on the interim protection of the individual in the Community legal order. An analysis will be made of the avenues available to individuals for requesting interim relief when a case is brought before the European or the national courts. An extensive examination of the relevant case law will be performed to reveal what appears to be an evolving concept of the individual's interim protection in the European Community structure and to suggest any possible changes in order to guarantee an effective remedy of interim relief.
Author: Dimitrios Sinaniotis
Publisher: Kluwer Law International B.V.
ISBN: 9041124985
Category : Law
Languages : en
Pages : 202
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Book Description
This thesis focuses on the interim protection of the individual in the Community legal order. An analysis will be made of the avenues available to individuals for requesting interim relief when a case is brought before the European or the national courts. An extensive examination of the relevant case law will be performed to reveal what appears to be an evolving concept of the individual's interim protection in the European Community structure and to suggest any possible changes in order to guarantee an effective remedy of interim relief.
Author: Ronald MacDonald
Publisher: Springer
ISBN: 9780792324317
Category : Law
Languages : en
Pages : 0
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Book Description
30. Conciliation by Alexandre Kiss
Author: Gráinne De Búrca
Publisher: Oxford University Press, USA
ISBN: 9780199246014
Category : Law
Languages : en
Pages : 266
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Book Description
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
Author: Cameron A. Miles
Publisher: Cambridge University Press
ISBN: 1107125596
Category : Law
Languages : en
Pages : 591
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Book Description
2 Dispute Settlement Under UNCLOS
Author: Francesco Rossi dal Pozzo
Publisher: Kluwer Law International B.V.
ISBN: 9041146644
Category : Law
Languages : en
Pages : 372
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Book Description
Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.
Author: Dimitry Kochenov
Publisher: Kluwer Law International B.V.
ISBN: 9041142738
Category : Law
Languages : en
Pages : 569
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Book Description
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’. Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
Author: Ulf Bernitz
Publisher: Kluwer Law International B.V.
ISBN: 9041127054
Category : Law
Languages : en
Pages : 479
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Book Description
What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.
Author: Jens Hartig Danielsen
Publisher: Kluwer Law International B.V.
ISBN: 9041148094
Category : Law
Languages : en
Pages : 388
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Book Description
The European Union‘s common agricultural policy is without question the most economically significant policy area in EU law, as well as the area in which Union regulation has been implemented most consistently and intensely. This book contends that today, considering this comprehensive regulation of issues that are of prime economic importance – and the rich case law that this EU policy has generated – EU agricultural law cannot be treated as an isolated discipline, but must be seen in the context of general Union law. The author first deeply explores in an unprecedented way what is meant by the expressions ‘agriculture’, ‘agricultural activity’, and ‘agricultural producer’ found in current EU legislation, and goes on to provide a detailed legal analysis in contexts from Member States to the World Trade Organization. In the course of the presentation he examines the following, among much else: the principle of unified markets or common prices; structural funds for promoting regional agricultural development; encouragement of local strategies based on partnership and experience-sharing networks; environmentally friendly agricultural measures; the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD); whether a person or undertaking produces agricultural products or processes them; food safety measures; animal welfare; agricultural training and research; ensuring a fair standard of living for the agricultural community; interventions concerning storage or production limitation; State aid schemes; marketing standards; geographical indications; trade with third countries; support for improving the environment and the countryside; payment of aid pursuant to the single payment scheme; and WTO rules on domestic support measures, import duties and restrictions, and exports. As a full-length, in-depth analysis of EU agricultural law, this book has no peers. It is sure to be welcomed not only by legal academics, but by all who are professionally engaged in dealing with issues of Union agricultural law, whether lawyers, professional interest groups, or administrative authorities.
Author: Kirsten Henckel
Publisher: Kluwer Law International B.V.
ISBN: 9041192611
Category : Law
Languages : en
Pages : 360
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Book Description
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Author: Robert van den Hoven van Genderen
Publisher: Kluwer Law International B.V.
ISBN: 904118600X
Category : Law
Languages : en
Pages : 324
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Book Description
The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society. Unpacking the complexity of the various factors on each side – privacy and the general interest of safety – the author clearly describes the relevant tensions in the following major areas of current law: – data protection regulations; – regulations on interception and retention of personal data in the telecommunication sector; – anti–money laundering; and – strategies used to protect national security against terrorist activities. The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account. This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution – the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy – will prove of inestimable value to policymakers, government institutions, and practitioners in several fi elds related to human rights. Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti–money laundering measures in both public and private sectors, in addition to legal and academic practice.
