Suchergebnisse

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

The first account of the relationship between religion and the constitutional order of the EU, dealing with the key questions of religious freedom and the institutional role of religion and addressing the issues that are at the centre of public debate in Europe, such as the compatibility of Islam with European models of liberal democracy

Intro -- Preface -- Contents -- 1 Introduction -- 1.1 Parliamentary Participation in EU Affairs According to EU Primary Law -- 1.2 Parliamentary Participation in Treaty Revision Largo Sensu -- 1.2.1 General Remarks -- 1.2.2 Ordinary Revision Procedure -- 1.2.3 Simplified Revision Procedure -- 1.2.4 General Bridging Clauses as Another Simplified Revision Procedure -- 1.2.5 Decisions Requiring the Approval by the Member States in Accordance with Their Respective Constitutional Requirements -- 1.2.6 Special Bridging Clauses -- 1.2.7 Other Treaty-Amending Provisions -- 1.3 The Evolution of the General Bridging Clauses -- References -- 2 The General Bridging Clauses of Article 48(7) TEU -- 2.1 Scope of Application -- 2.2 Exceptions -- 2.2.1 Written Exceptions (Article 353 TFEU) -- 2.2.2 Unwritten Exceptions -- 2.3 "Area" or "Case" -- 2.4 Relationship Between the Two General Bridging Clauses -- 2.5 Legal Effects, Revocability and Judicial Review -- 2.5.1 Legal Effects -- 2.5.2 Revocability -- 2.5.3 Judicial Review -- References -- 3 Special Bridging Clauses -- 3.1 Sector-Specific Bridging Clauses -- 3.1.1 Social Policy -- 3.1.2 Environmental Policy -- 3.1.3 Family Law with Cross-Border Implications -- 3.1.4 Multiannual Financial Framework -- 3.1.5 Relationship to the General Bridging Clauses -- 3.2 Enhanced Cooperation -- 3.3 Article 31(3) TEU as Lex Specialis? -- 3.4 "Semi-Passerelle" Clauses -- References -- 4 Procedure for Activating the General Bridging Clauses -- 4.1 Participation of the National Parliaments in General -- 4.2 Initiative of the European Council -- 4.3 Veto Right of National Parliaments -- 4.3.1 Making Known the Opposition of the National Parliament to the European Council Initiative -- 4.3.2 National Procedures in Bicameral Parliamentary Systems -- 4.3.2.1 Predominance of a Parliamentary Chamber

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

What are the different market philosophies or models that shape the European Union's internal market? This book proposes three models: an international model, a federal model and a national model; and argues that the structure of the EU internal market has moved from an international to federal model.

LL.M.(Melit.) ; The digital economy, which is characterised by the digitisation of production and the advent of digitised products, has to rely on the commercialisation of data and is challenging regulators across the globe. This data treatment brings many new challenges in terms of data privacy and protection of competition that need to be considered in several areas of law, particularly DP, consumer, privacy and competition law. Thus, personal data has become the object of trade in the digital economy, and companies compete to acquire and process these data. This competition is subject to the application of competition law. However, personal data are also protected through DP laws and the European Union Charter rights to data protection and privacy. This dissertation determines the relationship between these data protection and competition law frameworks. If data protection and competition law have different objectives, they have also interconnections. In this respect, this work acknowledges their distinct methods and aims, identifies their common grounds, and highlights current examples that have emerged to create a personal data-conscious competition policy. Furthermore, this dissertation argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative factor when assessing non-price competition. Data protection can thus act as a constraint on competition law. ; N/A

"cover " -- "quartino di testa " -- "Contents" -- "Preface" -- "Barbara Marchetti Administrative Justice Beyond the Courts: Internal Reviews in EU Administration" -- "Antonio Cassatella Appeals Before the European Aviation Safety Agency" -- "Nadia La Femina Alternative Administrative Dispute Resolution Methods in the European Union Intellectual Property Office" -- "Giovanna Ligugnana Dispute Resolution in European Agencies: the ECHA Board of Appeal" -- "Andrea Magliari Administrative Remedies in European Financial Governance. Comparing Different Models" -- "Leopoldo Zuanelli Brambilla The Search for Alternative Dispute Resolution Remedies for the European Fishing and Agricultural Agencies" -- "Anna Simonati The European Data Protection Supervisor: an A.D.R. Authority?" -- "Giovanna Ligugnana The Internal Review of Institutions' Decisions in Environmental Matters" -- "Elena Mitzman Administrative Remedies in the Area of Freedom, Security and Justice" -- "Leonardo Parona The Appeal System within the U.S. Federal Agencies" -- "List of Authors

This book explores the relationship between EU law and the member states' local and regional authorities. Through a survey of various areas of EU law, the book introduces two narratives of local and regional authorities in EU law. These narratives also point towards different conceptions of the European legal order itself.