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National Constitutions in European and Global Governance : Democracy, Rights, the Rule of Law: National Reports
It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
International Actors and the Formation of Laws
This book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality.
GDPR and biobanking : Individual rights, Public interest and research regulation across Europe
This book focuses on the discrepancies in biobank research regulations that are among the most significant hurdles to effective research collaboration.
Fundamentals of roman private law
Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD.
European Variations as a Key to Cooperation
This book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously
European citizenship after Brexit : Freedom of movement and rights of residence
This book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members.
EU law and economics
Examines the design and evolution of European law from the perspective of economics. It draws on various branches of the economic sciences including rational choice and game theory, and institutional and behavioural economics to expand our understanding of EU law and its effects. It seeks to complement doctrinal research on EU law by generating insights.
EU External Action in International Economic Law : Recent Trends and Developments
The topic of the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.
Covid-19 and Capitalism : Success and Failure of the Legal Methods for Dealing with a Pandemic
The book focuses on the situation in a number of Western regions (notably the USA, the UK, and the EU and its Member States). The author addresses the reasons why in many Western countries both pandemic prevention and response policies to Covid-19 have failed. The book concludes with recommendations concerning the rearrangement of the socio-economic order that could increase the resilience of (Western) societies against such pandemics.
Collective Actions in Europe : A Comparative, Economic and Transsystemic Analysis
This book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system. This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Key Aspects of German Business Law : A Practical Manual
This book presents a clear and precise overview of the key aspects of German business law. It was written by attorneys involved in the daily practice of business law in Germany and is aimed at people who wish to orient themselves quickly with the German legal system and the manner in which it impacts business purchases, establishment, operations and liquidations. The first section of the book is devoted to an explanation of the major issues to be considered in acquiring or establishing a business in Germany. The second section focuses on areas of commercial law that are important for an operating business. The following sections deal with labor law as an independent part of German business law and with computer law. Furthermore, procedural law and European law are addressed. Finally, the last two sections of the book are devoted to an overview over the German tax law, which has an enormous impact on business decisions, and IP law.
At the crossroads : The world trading system and the Doha Round
Since its foundation in 1995 the legitimacy of the WTO – and herewith the notion of organising global trade on the basis of herewith the notion of organising global trade on the basis of concepts like trade-liberalisation, treaty-based rule of law and concepts like trade-liberalisation, treaty-based rule of law and enforceability – is challenged for very different reasons this volume not only documents the proceedings of this conference but, against the backdrop of the ongoing efforts to revive the Doha Round wants to be understood as some sort of stocktaking: What did really go wrong in Cancún? Where does the WTO stand today? Has there been any progress made since? And, finally: Is there any chance left to reach the ambitions goals postulated by the Doha Development Agenda? These and other, related questions are being discussed in the volume at hand.
A basic guide to international business law
Gives students an understanding as well as practical knowledge of legal problems arising in the area of international business, and to equip them with the skills needed to prevent and tackle these problems. All chapters employ the same didactic structure. Introductory case studies, examples, annotated case law, glossaries, diagrams, summaries and exercises are all designed to familiarize students quickly with relevant aspects of international (business) law.
