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EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?
by Josef Drexl Henning Grosse Ruse - Khan Souheir Nadde-Phlix This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
The EU Charter of Fundamental Rights
by Giacomo Di FedericoThe first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
The EU-China Comprehensive Agreement on Investment: Towards a Binding Investment Liberalisation (European Yearbook of International Economic Law)
by Alexandr Svetlicinii I-Ju ChenThis book discusses the major features of the EU-China Comprehensive Agreement on Investment (CAI) and its likely impact on investment liberalisation in China, Europe’s largest trading partner. The principal aim of the book is to evaluate the progress of the investment liberalisation efforts pursued by the negotiators of the CAI. Part I, “Geopolitical Origins and Negotiations of the EU-China Comprehensive Agreement on Investment”, examines the interests, motivations, and expectations of the parties during the negotiation process and following the agreement in principle on the CAI. Part II, “Substantive Issues of the EU-China Comprehensive Agreement on Investment”, considers specific focus areas that are critical for the mutual opening of the European and Chinese markets for foreign investors. Part III, “Dispute Resolution Mechanisms of the EU-China Comprehensive Agreement on Investment”, reviews the applicability and effectiveness of the available dispute settlement and treaty enforcement mechanisms provided for in the CAI including investor-state dispute settlement, state-to-state dispute settlement, and non-adversarial methods. The book offers a combination of theoretical perspectives that will be of interest to international economic law scholars and provides practical insights on how the CAI is likely to shape the investment landscape for European businesses in China.
EU Common Foreign and Security Policy After Lisbon: Between Law and Geopolitics
by Luigi LonardoThis strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.
EU Competition and State Aid Rules
by Vesna Tomljenović Nada Bodiroga-Vukobrat Vlatka Butorac Malnar Ivana KundaThe book provides a scrutiny of legislative novelties and case law in the area of EU competition and state aid rules, with the particular emphasis on the interaction between public and private enforcement of the mentioned rules. The target readers are all stakeholders and others involved in the process of enforcement - judges, attorneys at law, corporate lawyers and market participants who have sustained or could sustain damage as a result of the violations of competition or state aid rules. The efficient enforcement of competition and state aid rules is one of the keys to the successful economic development and stability of the EU internal market. While the Commission is charged with application of EU state aid rules, EU competition rules are applied by national enforcers as well. Proper and uniform application across Member States is thus one of the biggest challenges in this area of law. Particularly important in this regard are the national enforcers responsible for the direct application of EU competition rules.
EU Competition Law and the Financial Services Sector (Lloyd's Commercial Law Library)
by Andrea ListaCompetition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.
EU Competition Law, the Consumer Interest and Data Protection
by Federico FerrettiThe legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers' personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.
EU Criminal Justice: Fundamental Rights, Transnational Proceedings And The European Public Prosecutor's Office
by Tommaso Rafaraci Rosanna BelfioreThis volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
EU Criminal Justice and the Challenges of Diversity
by Renaud Colson Stewart FieldEU Criminal Justice and the Challenges of Diversity examines how questions of cultural difference between Member States' legal traditions are being constructed, addressed, and resolved in the development of the European Area of Freedom, Security, and Justice. The volume brings together leading socio-legal scholars and criminal justice professors from eight European countries and combines analytical approaches rooted in the social sciences with more normative approaches based on legal doctrine. It examines the construction of a common European criminal policy, explores some of the paths that may be followed by the EU in seeking to cope with national diversity in the field of criminal justice, and finally provides some insights into various forms of legal and cultural resistance offered by Member States to the European harmonization process. In so doing, it bridges disciplinary boundaries between law and social sciences and draws in a range of perspectives from around Europe.
EU Criminal Law and Policy: Values, Principles and Methods (Routledge Research in EU Law)
by Joanna Beata Banach-Gutierrez Christopher HardingThe EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
EU-Datenschutz-Grundverordnung (DSGVO)
by Paul Voigt Axel von dem BusscheDieses Praktikerhandbuch enthält Hinweise zur praktischen Umsetzung der EU-Datenschutz-Grundverordnung (DSGVO) sowie eine systematische Analyse der neuen Vorschriften. Das Handbuch widmet sich unter anderem den organisatorischen und materiellen Datenschutzanforderungen, den Rechten der betroffenen Personen, der Rolle der Aufsichtsbehörden, der Rechtsdurchsetzung und den Bußgeldern nach der Verordnung, sowie nationalen Besonderheiten. Das deutsche Datenschutz-Anpassungs- und Umsetzungsgesetz EU (DSAnpUG-EU) wurde bereits umfassend berücksichtigt. Zusätzlich gewährt das Handbuch einen kompakten Überblick zu den Konsequenzen der Neuregelung für ausgewählte Verarbeitungssituationen mit hoher Praxisrelevanz, wie Cloud Computing, Big Data und Internet of Things. Die im Jahr 2016 verabschiedete DSGVO tritt im Mai 2018 in Kraft. Sie sieht zahlreiche neue bzw. verstärkte Datenschutzpflichten sowie eine deutliche Erhöhung der Bußgelder (auf bis zu 20 Mio. Euro) vor. Nicht nur in der Europäischen Union ansässige Unternehmen werden daher ihre Datenschutz-Compliance auf den Prüfstand stellen müssen; aufgrund des weiten, grenzüberschreitenden Anwendungsbereichs der Verordnung wird ihr Inkrafttreten Auswirkungen auf zahlreiche Unternehmen weltweit haben.
EU-Datenschutz-Grundverordnung (DSGVO): Praktikerhandbuch
by Paul Voigt Axel von dem BusscheDieses Praktikerhandbuch gibt einen praxisnahen Überblick über die Vorgaben der DSGVO und das deutsche Datenschutzrecht. Das Handbuch widmet sich unter anderem den organisatorischen und materiellen Datenschutzanforderungen, den Rechten der betroffenen Personen, der Rolle der Aufsichtsbehörden, den Schadensersatzanspüchen und den Bußgeldern nach der Verordnung, sowie deutschen nationalen Besonderheiten. Es enthält zahlreiche Praxishinweise und Anwendungsbeispiele sowie eine kompakte Übersicht zu den datenschutzrechtlichen Vorgaben für ausgewählte Verarbeitungssituationen mit hoher Praxisrelevanz, wie Cloud Computing, Big Data und Künstliche Intelligenz. Das Handbuch wurde für die zweite Auflage vollständig überarbeitet und berücksichtigt umfangreich neue datenschutzrechtliche Rechtsprechung und Behördenstellungnahmen.
The EU Economic and Social Model in the Global Crisis: Interdisciplinary Perspectives (Studies In Modern Law And Policy Ser.)
by Dagmar SchiekThis book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU ’economic constitution’ and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU’s global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.
EU Electricity Trade Law
by Petri MäntysaariThis book aims to describe the mechanisms of the internal wholesale electricity market in terms of the legal tools and practices used by electricity producers, the most important market participants. In this regard, the focus is on Northwestern Europe. Because of the book's functional perspective, it is not limited to the external regulation of electricity markets at the EU level and also describes the business models and practices employed by electricity producers. Both the physical and financial marketplaces are examined and topics including electricity supply, balancing, transmission and derivatives are covered. The target for the completion of the EU's internal electricity market was 2014. The internal wholesale electricity market is very important not only for electricity producers, suppliers and major end consumers but also for network operators, marketplace operators, electricity technology firms, investment firms and market regulators.
EU Energy Relations With Russia: Solidarity and the Rule of Law (Routledge Research in EU Law)
by Umut TurksenThis book provides a detailed analysis of the legal framework in which the energy trade between the European Union and the Russian Federation has been conducted. Using case studies of eight member states, it critically examines the EU’s ability and the duty of its Member States to conduct their external energy trade in accordance with the principle of solidarity. Providing a comprehensive analysis of the principle of solidarity as provided in the acquis communautaire of the EU, the book critically analyses the legal framework pertaining to EU-Russia energy trade to ascertain whether, and to what extent, it satisfies the requirements of the rule of law.
EU External Action in International Economic Law: Recent Trends and Developments
by Mads Andenas Luca Pantaleo Matthew Happold Cristina ContarteseThe topic of this book is 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.The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law.Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.
EU External Relations and Systems of Governance: The CFSP, Euro-Mediterranean Partnership and Migration (Routledge Research in EU Law)
by Paul James CardwellThis book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.
EU External Relations Law: Shared Competences and Shared Values in Agreements Between the EU and Its Eastern Neighbourhood
by Stefan Lorenzmeier Roman Petrov Christoph VedderThe book covers contributions from 18 authors from different countries and analyses the recent case law of the ECJ on the external competences of the European Union. It deals with the impact of EU values on its relations with the Eastern neighbouring countries. The first part focuses on the evolution and current challenges of the external actions of the European Union, while the second part presents the EU cooperation with its Eastern neighbourhood and Eurasia. The book addresses the Association Agreements with the countries of the Eastern Partnership with its Eastern neighbourhood and Eurasia, the enhanced Partnership Agreements in the Eastern neighbourhood and post-Soviet area, and the current and future contractual relations with Eurasian Economic Union and its member states.
EU External Relations Law
by Bart Van Vooren Ramses A. WesselRecent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.
EU External Relations Law and Policy in the Post-Lisbon Era
by Paul James CardwellThis is a collection of works which considers the many different facets of the EU's increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the 'pillar' structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of 'internal' security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.
EU External Relations Law and Sustainability: The EU, Third States and International Organizations (Global Europe: Legal and Policy Issues of the EU’s External Action #4)
by Ramses A. Wessel Jamile Bergamaschine Mata Diz Júlia Péret Tasende Társia Saide Esra AkdoganThis book delves into the integration of sustainability within the European Union’s external activities, emphasizing the necessity to weave 'sustainability' throughout its relations with third states and international organizations. Unique in its approach, this collective work brings together a diverse range of experts, each contributing a chapter that explores different facets of sustainability in the context of the EU’s increasing external actions. The pressing demands for sustainable development, as outlined in the EU Treaties—specifically Articles 3(5) and 21 of the TEU and Articles 11 and 191 of the TFEU—are examined through a compilation of theoretical analyses, legal dogmatic approaches, and detailed case studies. These contributions aim to offer a cohesive understanding of the legal implications and strategies for embedding sustainability into the EU’s external engagements, providing a multidisciplinary perspective on a critical global issue. Furthermore, the book critically examines how sustainability is operationalized within various EU external policies, providing readers with a deep dive into the mechanisms and outcomes of such integration. It addresses the challenges and opportunities that lie ahead for the EU in maintaining its commitment to sustainability, making it a timely contribution to the discourse on global environmental policy and governance. Designed for scholars, legal practitioners, policymakers, and students interested in European Union law, sustainability, and external relations, this collective work serves as an essential resource. It offers a nuanced perspective on the complexities of legal frameworks that govern the EU’s sustainable external actions and their significant impact on global environmental governance. Ramses A. Wessel is a Professor of European Law at the Faculty of Law of the University of Groningen. Jamile B. Mata Diz is a Professor of International Public Law and Coordinator of the Jean Monnet Center of Excellence of the Federal University of Minas Gerais. Júlia Péret T. Társia is a PhD Candidate at the Federal University of Minas Gerais. Saide Esra Akdogan is a lecturer and researcher at Wageningen University and Research.
EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence (Routledge Research in EU Law)
by Bart Van VoorenThe European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.
EU Funds in the New Member States: Party Politicization, Administrative Capacities, And Absorption Problems After Accession (Palgrave Studies in European Union Politics)
by Christian HagemannThis book examines new member states’ problems with the absorption of EU funds. Since accession, many new member states from Central and Eastern Europe struggle to access their billions of development funds from Brussels. While existing research mostly emphasizes the role of states’ administrative capacities to account for absorption problems, this study adds the so far neglected role of politics as party politicization to the equation. The argument is tested using a combination of fuzzy-set Qualitative Comparative Analysis (fsQCA) with two detailed process tracing case studies. This book will appeal to scholars interested in EU cohesion policy, post-accession compliance, and post-communist politics.
The EU General Data Protection Regulation (GDPR)
by Paul Voigt Axel von dem BusscheThis book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
The EU General Data Protection Regulation (GDPR): A Practical Guide
by Paul Voigt Axel von dem BusscheSix years have passed since the General Data Protection Regulation (GDPR) entered into force. With its numerous data protection obligations and the threat of high fines, companies had to change their approach to data protection. It has been an ongoing challenge for companies to keep up with the constant changes deriving from a plethora of new decisions by courts and supervisory authorities. The 2nd Edition of this book provides a practical overview of the requirements of the GDPR. Examples, tables, and checklists showcase the requirements of the GDPR, whilst also giving practical tips to tackle the regulatory challenges. The handbook examines the GDPR’s scope of application, the organisational and material requirements of the GDPR, the rights of data subjects, the role of the supervisory authorities, and enforcement and fines. The book has been completely revised for the second edition and takes extensive account of new data protection case law and regulatory guidelines.