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European and International Media Law
by Jan OsterThis book is the first to incorporate current academic literature and case law on European, transnational, and international media law into a comprehensive overview intended primarily for students. It introduces the legal framework for globalised communication via mass media, and considers the transformative effect globalisation has had on domestic media law. Engaging case examples at the beginning of each chapter, and questions at the end, give students a clearer idea of legal problems and encourage them to think critically. A wide variety of topics - including media economics, media technology, and social norms concerning media publications - are discussed in relation to media law, and numerous references to case law and suggestions for further reading allow students to conduct independent research easily.
European Arrest Warrant
by Libor KlimekThis book examines the European arrest warrant as a successful and effective instrument for judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding the European arrest warrant. The book analyses its genesis, main features, surrender procedure, case law, implementation and the latest developments. Instead of focusing solely on a criminal law approach, it also considers the subject from the perspective of European Union law and constitutional law.
The European Arrest Warrant and EU Citizenship: EU Citizenship in Relation to Foreseeability Problems in the Surrender Procedure
by Joske GraatThis book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales).In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
European Asylum Law and the Rights of the Child: European Asylum Law And The Rights Of The Child (Routledge Research in Asylum, Migration and Refugee Law)
by Ciara SmythThe child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
European Banking and Financial Law
by Matthias Haentjens Pierre de Gioia-CarabelleseIn recent decades, the volume of EU legislation on financial law has increased exponentially. Banks, insurers, pension funds, investment firms and other financial institutions all are increasingly subject to European regulatory rules, as are day to day financial transactions. Serving as a comprehensive and authoritative introduction to European banking and? financial law, the book is organized around the three economic themes that are central to the financial industry: (i) financial markets; (ii) financial institutions; and (iii) financial transactions. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions. It also explains the most important international standard contracts such as LMA loan contracts and the GMRA repurchase agreements. Covering a broad range of aspects of financial law from a European perspective, it is essential reading for students of financial law and European regulation.
European Banking and Financial Law 2e
by Matthias Haentjens Pierre de Gioia CarabelleseOver the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.
European Banking and Financial Law Statutes
by Matthias Haentjens Pierre de Gioia CarabelleseEuropean Banking and Financial Law Statutes presents all the key legislation for European banking and financial law in one student-friendly volume. This book is: • up-to-date with the law: based on the official consolidated texts of all relevant European instruments, this book provides a fully current collection of legislation • tailored to course outlines: content has been curated to align with European banking and financial law courses • exam friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use • easy to use: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation. Ideal for course and exam use, as well as for reference, this book is a perfect companion resource for student learning and exam success, which is especially tailored for use in combination with the European Banking and Financial Law textbook.
European Banking Law: The Banker-Customer Relationship
by Ross CranstonThis text presents a practical analysis of the private law of banking transactions. Rooted in contract, the banker-customer relationship is overlaid with a range of rights and obligations having their derivation in tort, delict, notions of equity, good faith and statute. The book looks at some questions that arise within the banker-customer relationship in various European jurisdictions. What are the nature and consequences of the banker-customer relationship? Is there a duty on banks to advise customers and others about particular dealings and what liability arises if any advice given is wrong? What security can a bank take to protect itself as lender?
The European Banking Regulation Handbook, Volume I: Theory of Banking Regulation, International Standards, Evolution and Institutional Aspects of European Banking Law
by Christos V. GortsosIn two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II
The European Banking Union
by Angelo BaglioniWhy did European policy-makers introduce the Banking Union? Which are its main features? How does it affect banks and their customers? This book tries to answer these questions, by providing a clear description of the building blocks of the banking union, and by discussing the issues that still remain unanswered.
The European Banking Union: Supervision And Resolution (Palgrave Macmillan Studies in Banking and Financial Institutions)
by Giuseppe BoccuzziThe 2008 financial crisis all but brought down the financial system and real economies of industrial countries. The Banking Union took a broad approach to resolve the structural fragmentation and distortions in the European banking system which were major obstacles to a working single market for financial services. This book examines the numerous changes happening to European legislations for the prevention and management of banking crises. What emerges is a changing picture of regulations and institutions, of goals, tools and opinions, public and private, European and national all involved in the task. The book focuses on the new framework for banking crisis management, starting from the foundations of banking regulation and supervision. It explores the institutional architecture of banking supervision and crisis management, the powers of the authorities, the tools for administrative actions, the complexities of business and bankruptcy laws, individual rights and their legal guarantees.
The European Banking Union: Supervision and Resolution (Palgrave Macmillan Studies in Banking and Financial Institutions)
by Giuseppe BoccuzziThe 2008 financial crisis all but brought down the financial system and real economies of industrial countries. The Banking Union took a broad approach to resolve the structural fragmentation and distortions in the European banking system which were major obstacles to a working single market for financial services. This book examines the numerous changes happening to European legislations for the prevention and management of banking crises. What emerges is a changing picture of regulations and institutions, of goals, tools and opinions, public and private, European and national all involved in the task. The book focuses on the new framework for banking crisis management, starting from the foundations of banking regulation and supervision. It explores the institutional architecture of banking supervision and crisis management, the powers of the authorities, the tools for administrative actions, the complexities of business and bankruptcy laws, individual rights and their legal guarantees.
European Business Ethics Casebook
by Wim Dubbink Henk Van Luijk Luc Van LiedekerkeBusiness cases are at the heart of business ethics as a discipline. Analysis and reflection on the morality of business often is triggered by concrete cases. After four introductory chapters into recent developments within business ethics and the value of case analysis, the present volume offers extensive description of eight recent European cases, mainly stemming from The Netherlands and Belgium and all of them with a clear moral impact. Among them are the Lernout and Hauspie speech technology disaster, Heineken struggle with the promotion girls selling beer in Cambodia, cartels in the Dutch construction industry, the pharmaceutical industry and the Aids crisis, and Unilever allegedly making use of child labour in the cotton industry in India. The book will be of interest to researchers as well as teachers of undergraduate and graduate courses in Business Ethics, Business in Society, Management and Organisation Theory and Strategic Management. It will also be useful for business practitioners eager to learn about business ethics by means of cases.
European Business Ethics Cases in Context
by Wim Dubbink Henk Van Luijk Luc Van LiedekerkeBusiness ethics as a discipline leans on cases but flourishes by thorough analysis and reflection. The present volume offers both. After three introductory chapters into business ethics eight recent European cases, mainly stemming from The Netherlands and Belgium and all of them with a clear moral impact, are extensively described and analysed. Among them are the Lernout and Hauspie speech technology disaster, Heineken's struggle with the promotion girls selling beer in Cambodia, cartels in the Dutch construction industry, the pharmaceutical industry and the Aids crisis, and Unilever allegedly making use of child labour in the cotton industry in India. Each case is followed by two expert comments, from the fields of general ethics, but also of law, economics, management and organisation theory, sociology and social psychology. Cases and comments together offer an unique entrance in varieties of moral reasoning and in the personal and institutional dimensions to be taken into account when facing a corporate case saturated with moral ambiguities. This book will be of interest to researchers as well as teachers of undergraduate and graduate courses in Business Ethics, Business in Society, Management and Organisation Theory and Strategic Management. It will also be useful for business practitioners eager to find moral guidance in their specific field.
The European Central Bank and the European Macroeconomic Constitution: From Ensuring Stability to Fighting Crises (Cambridge Studies in European Law and Policy)
by Klaus TuoriThe book is about money, central banking and constitutions. It explains how the European Central Bank was established to ensure stability and prosperity for the euro area. The ECB was guided and controlled by a coherent European Macroeconomic Constitution. However, this model has failed during recurring crises, and the ECB has started to act as the euro area fire brigade. Consequently, it is pushing the boundaries of monetary policy, and with that challenging the accountability mechanisms and fundamentally also the democratic legitimacy of the EMU. The book sheds light on this complex economic-constitutional setting with a view on the future. The imbalance between various new operations and a single price stability objective is difficult to remedy. New objectives of financial stability, economic adjustment and environmental sustainability can cause fundamental ruptures between the ECB's formal role and its actions, and they also dangerously overburden monetary policy moving forward with substantial risks.
The European Central Bank as a Sustainability Role Model: Philosophical, Ethical and Economic Perspectives (Sustainable Finance)
by Harald Bolsinger Johannes Hoffmann Bernd VillhauerThis book examines selected actions and investments of the European Central Bank (ECB) from a climate and sustainability standpoint. Shedding new light on the topic from various angles – ethical, philosophical, political, economical and legal – it situates sustainability mainstreaming in the finance and investment field at all levels. The former ECB President Mario Draghi once said that he considered sustainable development and an intact environment to be human rights, and therefore enshrined in the EU Charter of Fundamental Rights. The acting ECB President Christine Lagarde added that the future path for the climate is uncertain, but it would remain within our power to influence it. However, with all that in mind the ECB’s policy of buying assets as securities is often questionable. This volume analyzes these actions in connection with sustainability, and puts forward practical recommendations for improving the ECB’s investment strategy on its way creating a sustainable financial market.
European Central Banking Law: The Role of the European Central Bank and National Central Banks under European Law (Palgrave Macmillan Studies in Banking and Financial Institutions)
by Christos V. GortsosThis book provides a comprehensive overview of European Union (EU) central banking law, a field of EU economic law which emerged in the late 1990s and has developed rapidly ever since. European central banking law pertains to the rules governing the functions, operation, tasks and powers of the European Central Bank (ECB) and the national central banks (NCBs) of EU Member States. Systematically presenting and analysing the role of the ECB as a monetary and banking supervisory authority, the book discusses its changing and developing responsibilities following the financial crisis of 2007-2009 and the ongoing fiscal crisis in the euro area. The book also highlights the ECB’s significant role in relation to the resolution of credit institutions, as well as, conversely, its relatively limited role in respect of last-resort lending to EU credit institutions exposed to liquidity risk.The related tasks and powers of the ECB are presented in light of its interaction with NCBs within the Eurosystem, the European System of Financial Supervision, the Single Supervisory System and the Single Resolution Mechanism. Providing a detailed analysis of the legal framework governing (mainly) the ECB’s monetary policy and other basic tasks within the Eurosystem and its specific tasks in relation to banking supervision and macro-prudential financial oversight, this comprehensive book will be of interest to researchers, practitioners and students in the fields of EU monetary and banking law.
The European Commission and Bureaucratic Autonomy
by Antonis A. Ellinas Ezra SuleimanThis book examines the struggle of the European Union bureaucracy to maintain its autonomy in an increasingly complex institutional setting and adverse political environment. Using an original survey of nearly two hundred top European Commission officials, it shows that the European Union is a coherent organization that shares a common culture of supranationalism. The European Union's multicephalous structure of political authority limits the capacity of European politicians to curb the autonomy of the Commission but tends to undermine the legitimacy of the organization, which finds itself under persistent political attacks. These attacks inadvertently help the organization bolster its defenses against the external threats and trigger internal legitimation processes that reinforce the devotion of its employees to its institutional mission. The book helps disentangle the complexity of the Commission and makes a contribution to the study of international bureaucracies, a topic that has received little attention.
European Commission Decisions on Competition
by Francesco Russo Maarten Pieter Schinkel Andrea Günster Martin CarreeEuropean Commission Decisions on Competition provides a comprehensive economic classification and analysis of all European Commission decisions adopted pursuant to Articles 101, 102 and 106 of the FEU Treaty from 1962 to 2009. It also includes a sample of landmark European merger cases. The decisions are organized according to the principal economic theory applied in the case. For each economic category, the seminal Commission decision that became a reference point for that type of anticompetitive behavior is described. For this, a fixed template format is used throughout the book. All subsequent decisions in which the same economic principle was applied are listed chronologically. It complements the most widely used textbooks in industrial organization, competition economics and competition law, to which detailed references are offered. The book contains source material for teachers and students, scholars of competition law and economics, as well as practising competition lawyers and officials.
The European Commission�s Energy and Climate Policy
by Jonas DregerThis book offers a deep insight into the genesis and development of the European Commission's energy and climate legislation, focusing on the interplay of politics and science. How does the Commission react when confronted with knowledge? According to the author, the Commission functions as catalyst transforming knowledge into politics.
The European Company
by Dirk Van Gerven Paul StormThe European company ('SE') is a legal entity offering a European perspective for businesses, which became a reality on 8 October 2004. Its purpose is to allow businesses that wish to extend their activities beyond their home Member State to operate throughout the EU on the basis of a single set of rules and a unified management system. This book explains how to set up and organise a European company, and sets out the text of the relevant EC instruments that serve as its legal basis, as well as the national implementing legislation. It is essential for businesses and their advisers to understand the implementing legislation of the relevant Member States in deciding where to establish an SE. This book provides comprehensive coverage of such legislation in all Member States of the European Economic Area which have, as at 1 July 2005, implemented the Regulation containing the SE statute and the Directive on employee involvement in the SE.
European Company Law: Text, Cases And Materials
by Nicola de LucaTaking a text, cases and materials approach, de Luca's successful textbook remains the only offering for students of European company law, and has been thoroughly updated in this new edition. Chapters have been expanded to cover the latest legislation and directives on cross-border mergers, the use of digital tools, and cross-border insolvency, while figures and graphs have been introduced to help illustrate complex processes and relationships. Clearly differentiated explanatory textboxes from the first edition have been revised, and allow students to quickly identify sources such as EU legislation, official documents and excerpts from scholarly papers. The book explores a diverse range of topics, from what European company law is, to the structure of the Societas Europaea Statute, capital markets and takeover law. It continues to be an essential resource for the growing number of graduate courses in European company law, European business law, and comparative corporate law.
European Company Law
by De Luca NicolaTaking a text, cases and materials approach, this is the first and only student textbook on European company law, providing an insight into the subject and shedding light on its future development. Textboxes for explanatory commentary, cases and materials - such as EU legislation, official documents and excerpts from scholarly papers - are clearly differentiated from the text, allowing the student to quickly identify sources. Each chapter also includes suggestions for further reading. Structured in seven parts, the book explores a diversity of topics, from what European company law is, the common rules for establishing, financing and accounting a company, and corporate governance, to the structure of the Societas Europaeca Statute, EU company law directives, capital markets and takeover law, and insolvency. An essential resource for the growing number of graduate courses on European company law, European business law, and comparative corporate law.
European Comparative Company Law
by Mads Andenas Frank WooldridgeCompany law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.
European Competition Policy and Globalization (Palgrave Studies In European Union Politics Ser.)
by Chad Damro Terrence GuayThis book examines the domestic and international dimensions of European Union (EU) competition policy, particularly mergers, anti-competitive practices and state aids. The authors argue that important changes in EU competition policy are having profound effects on the global political economy, and these changes are best understood as European Commission responses to new domestic and international pressures. Using a two-level game analytical framework that is both intra-EU and global in scope, Damro and Guay investigate a wide variety of domestic and foreign public and private actors that interact in crucial ways to determine the development and implementation of EU competition policy. They address this broad question: In what ways do changing external and internal factors affect the evolution of the EU's competition policy and the role that the Commission plays in it? Among the conclusions is that the EU – and particularly the European Commission – has become a leading global regulator.