Suchergebnisse

Which rights and obligations arise from the EU principle prohibiting unjust enrichment? This is the first publication to thoroughly examine the consequences this principle has - or may have - for private law relationships. An illuminating analysis, bearing both academic and practical importance. As the interplay between EU law and national private law intensifies, the question arises how the EU principle prohibiting unjust enrichment plays into various legal relationships involving one or more individuals. Unjust enrichment in European Union law takes a pioneering step in addressing this pressing issue. The author puts forward a compelling analysis, taking into account the functions of unjust enrichment in a number of national law systems and the functions of general principles of EU law, as well as case law of the Court of Justice of the EU. For analytic purposes, links are identified between EU causes of action based on undue payment, unjust enrichment and unlawful act, respectively. This is followed by a discussion whether or not such actions should be founded on violation of an EU provision having direct (horizontal) effect. Insight into the possible consequences of the EU principle prohibiting unjust enrichment has both academic and practical importance. The reader gains a deeper understanding of how the Court of Justice may further develop EU law on the basis of private-law principles. The study illuminates which rights individuals may derive from such legal principles and - if they can do so - under which circumstances

Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.

Mass migration, as it appears in the 21st century, is one of the greatest challenges of our globalized world. The unanswered questions of European Union (EU) immigration policy that emerged over the past few decades have become more pressing than ever. One of these urgent questions is: how can we provide for a developing European economy in an era of demographic decline in a way that it is based on the opportunities opened up by legally regulated forms of migration. A second question is: how can the EU ensure the safety of the newly arriving people in need and, at the same time, keep away illegal migrants and eliminate criminal activities related to migration. The European Union is destined to spread the principles of peace and unconditional respect for human rights not only within its own borders, but also on a global scale, when engaging in international affairs. In addition to observing human rights, however, the EU must also take into account all security considerations that are pertinent in guaranteeing the free movement of its citizens within the Member States.

The aim of this study is to give a detailed overview about the immigration into the European Union between 2015 and 2019. The paper also outlines some of the risks of immigration and the recent developments of the Schengen Information System and the European Border and Coast Guard Agency (Frontex). The first part of the paper describes the immigration that the European Union has dealt with between 2015 and 2019, underlining the refugee flow in 2015-2016. This part includes statistics on the number of asylum applications and illegal border-crossings. The data is provided by the European Commission (Eurostat) and the European Border and Coast Guard Agency. The second part of the paper gives an overview of the European Agenda on Migration, examines the four pillars to manage migration better, including reducing the incentives for irregular migration, border management, common asylum policy and a new policy on legal migration. The third part describes the developments of the Schengen Information System and the European Border and Coast Guard Agency such as new technologies and strengthening border management, expansion of databases, joint operation outside the European Union and return operations. These developments will be essential for a better immigration management and they will make the defense of the European Union more effective, transparent and coordinated in the future.

The aim of this article is to discuss the main benefits of and problems with the creation of the EU single market and to indicate the main activities to eliminate the still existing barriers. The EU single market is the greatest success of European integration. It enables afree movement of people, goods, services and capital; for consumers, this means agreater choice in goods and services as well as lower prices. The EU single market also poses an opportunity for employees and businesses as administrative burdens involved in trans-border activity are decreased. However, in reality, there are a number of barriers hindering the smooth functioning of the single market. For the futurę of the EU single market, it is key to remove these barriers; therefore, it is with this purpose above all that the EU initiatives and activities for the market growth are undertaken. In addition, there are appearing new challenges connected with globalization, technological progress, the growing importance of services, the increase in unemployment in certain countries, and climate and the environment protection.