Suchergebnisse

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. This chapter looks at the steps which take place after legislation has been passed: Who does what and by which means to make sure that value decisions made in a legislative act do not only remain 'law on the books'? Which rights exist in that context? How can they be protected? With other words, this chapter deals with sub-legislative setting of rules and making of decisions. It asks which principles and rules exist to ensure the legality and legitimacy of such action.

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic themes of this chapter are, first, the steps which take place after legislation has been passed: who does what and by which means to make sure that political decisions made in a legislative act do not only remain 'law on the books'? The second theme is which rights exist in that context? How can they be protected? In other words, this chapter deals not only with the sub-legislative setting of rules and making of decisions, it also asks which principles and rules exist to ensure the legality and legitimacy of administrative action implementing EU law.

This article explores the understanding and use of the concept of vulnerability in European Union (EU) law, with a particular focus on the fields of criminal law and consumer protection law. It draws on Fineman's understanding of vulnerability as a universal phenomenon, and considers the scope for, and policy implications of, incorporating (further) such an approach within these fields of law. The article reveals that there is no common understanding of the concept of vulnerability in the fields of EU criminal law and consumer protection law, and there is a lack of overall coherence across these two fields of law. In fact, a common understanding is not even necessarily found within single fields. The purposes served by highlighting"vulnerable"groups and individuals in legislation differs, and references to"vulnerability" result in a stronger focus on the need for individualised assessments, and tailored measures, in EU criminal law than is the case for EU consumer protection law. Indeed, the provisions addressing "vulnerable" consumers are particularly brief and provide very little extra protection. However, both fields of EU law also reveal evidence of a universal approach to vulnerability being taken with regard to communication and information provision, which should be tailored to individual needs and abilities.

Analysing the impact of EU law beyond its borders, this book examines the use of law as a powerful instrument of EU external action and addresses some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.

The history and development of the European Union -- Brexit and the withdrawal agreement -- The central institutions of the EU -- Legislative processes --The Court of Justice of the European Union (CJEU)--direct and indirect access -- Addressing infringements of EU law --who enforces EU law? -- The supremacy of EU law -- Direct effect, indirect effect, and state liability -- Fundamental rights in EU -- European Union citizenship -- Migrant union workers -- Free movement of goods -- Freedom of establishment and free movement of services.

Abstract
Digital platforms have become the subject of several legal acts within a relatively short period of time. The emerging European platform law faces particular challenges due to three specificities of platforms. First, the area to be regulated consists of the same platforms operating throughout the Union with a more or less uniform service in all Member States and beyond the Union. Second, the fact that the platforms can be used for almost unlimited purposes, whereas the Union does not have unlimited regulatory powers. Third, there is the dynamic development of the platform economy, which constantly presents us with new phenomena and potential risks, giving operators a knowledge advantage over regulators and generating a need for private ordering by platforms themselves.
In this combination, the legal challenges differ from the issues addressed by most other acts of the EU Digital Strategy: for example, the Data Governance Act focuses not on private but on public data owners, while the Data Act focuses on Internet of Things applications, which are not used as ubiquitously as digital platforms. Because of these particularities, an overarching view of the phenomena of platform regulation helps to provide a background against which the appropriateness of individual norms can be assessed. In order to structure the observations, the platform phenomenon will first be contrasted with that of the EU (I.), before the characteristics of platform law as supranational law (II.) and European administrative law (III.), as well as questions of the platform-related protection of fundamental rights are addressed (IV.).

ch. 1. The constitution and character of EU law -- ch. 2. The institutions of the European Union -- ch. 3. The sources of European law -- ch. 4. Enforcement of EU law -- ch. 5. The relationship between EU law and national law -- ch. 6. Introduction to the law of the internal market -- ch. 7. Art 34 and art 35 and the free movement of goods -- ch. 8. Art 30 and customs tariffs, and art 110 and discriminatory taxation -- ch. 9. Art 45 and the free movement of workers -- ch. 10. Art 49 and freedom of establishment : art 56, and the right to provide services -- ch. 11. EU competition law -- ch. 12. Art 157 and anti-discrimination law -- ch. 13. The social dimension.

Trusts are important tools for estate and tax planning. In Canada, property and trust law are governed at the provincial level—section 92(13) of the Constitution Act of Canada provides that "[i]n each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, … Property and Civil Rights in the Province." The aim of this thesis is to consider areas of trust law that are unique to Manitoba and highlight certain gaps and areas that may be improved through a comparative analysis. The first issue I explore is the indefeasibility principle enshrined at section 59 of Manitoba's Real Property Act and the co-existence of constructive and resulting trusts as set out in the recent Hyczkewycz v Hupe appellate decision. I then consider the applicability in Manitoba of another example of an equitable interest existing "off title" in Stonehouse v British Columbia (Attorney General). I also review remedies available to beneficiaries following remarks in Hyczkewycz v Hupe regarding registering caveats to give notice to third parties. The second issue of this thesis addresses how and why amendments to section 59 of The Trustee Act in the 1980s replaced the Rule in Saunders v Vautier, and whether, nearly forty years later, there may be a better approach. The third and final issue discussed is the scope of the court's ability to consent to a proposed variation on behalf of beneficiaries. Manitoba previously expanded the classes of beneficiaries for whom the court could consent from four to eight. I consider whether the change resolved underlying issues and whether some guidance can be taken from other jurisdictions in this regard. ; October 2020

"This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system."--Bloomsbury Publishing