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The European Civil Code

Author: Hugh Collins
Publisher: Cambridge University Press
ISBN: 9780521713375
Size: 25.56 MB
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Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functional political institutions at a European level. These principled foundations for a more inclusive and less balkanised civil society in Europe also provide elements of a required European social model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressures of market forces in an increasingly global economic system.

The Involvement Of Eu Law In Private Law Relationships

Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
ISBN: 1782251057
Size: 68.49 MB
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The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

The Struggle For European Private Law

Author: Leone Niglia
Publisher: Bloomsbury Publishing
ISBN: 1782253114
Size: 23.61 MB
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The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks Â? comparative, historical and constitutional Â? which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission Â? noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

European Union Law

Author: Catherine Barnard
Publisher: Oxford University Press, USA
ISBN: 0199686114
Size: 23.42 MB
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Edited by Catherine Barnard and Steve Peers, this new EU law textbook draws together a range of perspectives from experienced academics, teachers and practitioners from a number of jurisdictions to provide a comprehensive introduction to EU law. Each chapter has been written by an expert in the field to provide you with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts yet designed for students, every chapter has been reviewed by both students and lecturers to ensure a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable you to understand the context and implications of EU law, as well as helping to familiarise you with some of the most significant caselaw in the area. Quotes and examples from key EU legislation and academic sources are also included to help develop your understanding of EU law, while further reading suggestionsfor each chapter act as a springboard for further study and assessment preparation. The first edited collection for students, this new text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. Online Resources European Union Law is accompanied by a comprehensive Online Resource Centre which includes a range of resources to support your studies and revision, includingan interactive timeline and map of the EU, downloadable diagrams from the book, video clips, a flashcard glossary, and a searchable table of all Treaty renumbering. The Online Resource Centre also hosts regular updates and blog posts from the editors, helping you to stay up-to-date on the latest case law and developments in the area.

The Global Reach Of Eu Law

Author: Elaine Fahey
Publisher: Taylor & Francis
ISBN: 1315524082
Size: 21.51 MB
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The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.

The European Convention On Human Rights

Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1139461966
Size: 76.38 MB
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This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Prospekt Und Kapitalmarktinformationshaftung

Author: Klaus J. Hopt
Publisher: Mohr Siebeck
ISBN: 9783161485480
Size: 28.62 MB
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English summary: International breakdowns of major listed companies have triggered the need for effective laws on the liability for capital market information in Germany and Europe. Under the direction of Klaus J. Hopt the Hamburg Max Planck Institute for Private Law has produced an expert opinion for the German Federal Ministry of Finance on prospectus liability in Europe, Switzerland and the United States. This publication also covers the law on the liability for continuing capital market information. German description: Die Krise der New Economy und der Niedergang des Neuen Marktes haben das aktuelle Bedurfnis nach einer wirksamen Kapitalmarktinformationshaftung verdeutlicht. Aus Anleger- und Emittentensicht genugt es nicht, die Publizitatspflichten zu harmonisieren. Vielmehr muss auch ein den Anforderungen der Kapitalmarkte gerecht werdendes Sanktionensystem bei Verletzung der Informationspflichten existieren. Fur eine Mindestharmonisierung des zivilrechtlichen Haftungssystems im Rahmen der Europaischen Union fehlen bislang allerdings systematisch aufbereitete Informationen.Das vorliegende Buch schliesst diese Lucke, indem es - ausgehend von einer detaillierten Bestandsaufnahme des geltenden Rechts in den Mitgliedstaaten der EU, der Schweiz und den USA - Ansatzpunkte fur eine Mindestharmonisierung aufzeigt und dabei okonomische Erwagungen mit einbezieht.