Judicial Cooperation In European Private Law
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Author |
: Fabrizio Cafaggi, |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 287 |
Release |
: 2017-05-26 |
ISBN-10 |
: 9781786436696 |
ISBN-13 |
: 1786436698 |
Rating |
: 4/5 (96 Downloads) |
Synopsis Judicial Cooperation in European Private Law by : Fabrizio Cafaggi,
Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
Author |
: Ferdinand Wollenschläger |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 421 |
Release |
: 2020-01-09 |
ISBN-10 |
: 9789403502106 |
ISBN-13 |
: 940350210X |
Rating |
: 4/5 (06 Downloads) |
Synopsis Private Enforcement of European Competition and State Aid Law by : Ferdinand Wollenschläger
Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Author |
: Fernando Gascón Inchausti |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2020 |
ISBN-10 |
: 1780688598 |
ISBN-13 |
: 9781780688596 |
Rating |
: 4/5 (98 Downloads) |
Synopsis The Future of the European Law of Civil Procedure by : Fernando Gascón Inchausti
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Author |
: Hans-W. Micklitz |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2017 |
ISBN-10 |
: 1780684525 |
ISBN-13 |
: 9781780684529 |
Rating |
: 4/5 (25 Downloads) |
Synopsis Primary EU Law and Private Law Concepts by : Hans-W. Micklitz
This volume focuses on the interplay between, and influence exerted on, approaches and legal concepts of private law-including property rights law-by primary EU law, particularly with internal market law. The European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. This project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It gives ground-breaking analyses of private law concepts (the person, property, contract and tort, and remedies) which are used, created, or adjusted by the Court. Each analysis is a result of obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court's case law, disconnected from national meanings of such concepts. The analysis takes as its starting point the case before continuing on to the concept, not the other way around; the cases and the facts behind the cases are the starting point. Preconceptions based on national private law systems are avoided. In addition to an introductory chapter offering broader contextual information, this volume is built around contributions covering: i) the free movement of goods (Articles 34 and 35 TFEU) and services (Article 56 TFEU); ii) the free movement of capital (Article 62 TFEU) and the freedom of establishment (Article 49 TFEU); iii) competition law (Articles 101 and 102 TFEU); iv) State aid law (Articles 107 and 108 TFEU); and v) intellectual property law. The contributions and possible conclusions were extensively discussed in two workshops held at the EUI in Florence in 2013 and at the University of Nijmegen in 2014. The editors would like to thank A. Hartkamp and the late N. Reich, who encouraged and accompanied the project with their enthusiasm and deep knowledge, and the ERC authorities. This book will be useful for academics, practitioners and students interested in EU internal market law and the relationship between primary EU law and private law. Subject: EU Law, Private Law]
Author |
: Casarosa, Federica |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 448 |
Release |
: 2022-02-04 |
ISBN-10 |
: 9781800371224 |
ISBN-13 |
: 1800371225 |
Rating |
: 4/5 (24 Downloads) |
Synopsis The Practice of Judicial Interaction in the Field of Fundamental Rights by : Casarosa, Federica
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author |
: Martin Belov |
Publisher |
: Routledge |
Total Pages |
: 189 |
Release |
: 2019-10-16 |
ISBN-10 |
: 9781000707977 |
ISBN-13 |
: 1000707970 |
Rating |
: 4/5 (77 Downloads) |
Synopsis Courts, Politics and Constitutional Law by : Martin Belov
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author |
: Study Group on a European Civil Code |
Publisher |
: sellier. european law publ. |
Total Pages |
: 406 |
Release |
: 2008 |
ISBN-10 |
: 9783866530591 |
ISBN-13 |
: 3866530595 |
Rating |
: 4/5 (91 Downloads) |
Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author |
: Council of Europe |
Publisher |
: Council of Europe |
Total Pages |
: 402 |
Release |
: 2018-04-15 |
ISBN-10 |
: 9789287198495 |
ISBN-13 |
: 9287198497 |
Rating |
: 4/5 (95 Downloads) |
Synopsis Handbook on European data protection law by : Council of Europe
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author |
: Jan-Jaap Kuipers |
Publisher |
: Martinus Nijhoff Publishers |
Total Pages |
: 383 |
Release |
: 2011-11-25 |
ISBN-10 |
: 9789004206724 |
ISBN-13 |
: 9004206728 |
Rating |
: 4/5 (24 Downloads) |
Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Author |
: Robert Böttner |
Publisher |
: BRILL |
Total Pages |
: 409 |
Release |
: 2021-02-15 |
ISBN-10 |
: 9789004459151 |
ISBN-13 |
: 9004459154 |
Rating |
: 4/5 (51 Downloads) |
Synopsis The Constitutional Framework for Enhanced Cooperation in EU Law by : Robert Böttner
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.