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European Environmental Law (Routledge Research In European Union Law Ser.)
by Suzanne Kingston Veerle Heyvaert Aleksandra ČavoškiEU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology.
European Environmental Law: A Comparative Perspective (Tempus Series)
by Ludwig KrämerEuropean Environmental Law pulls together the most significant material on the subject from legal and other periodicals to form an essential compendium for those wishing to study the role of law in protecting and conserving the environment. The studies are arranged in three sections which examine the Europeanisation of law and policy, analyse the application and enforcement of law and discuss the improvement of standards in Europe.
European Fair Trading Law: The Unfair Commercial Practices Directive (Markets And The Law Ser.)
by Thomas Wilhelmsson Geraint Howells Hans-W. MicklitzThe Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
The European Harmonization of National Accounting Rules: The Application of Directive 2013/34/EU in Europe (SIDREA Series in Accounting and Business Administration)
by Alberto Incollingo Andrea LionzoWith Directive 2013/34/EU - which replaced the 4th and 7th accounting Directives - a new step towards European accounting harmonization has been taken: accounting rules on private firms have been further standardized and, at the same time, brought closer to IAS/IFRS. This book develops a comparative analysis of the most relevant issues in the process of preparing the financial statements after the recent transposition of the aforementioned Directive into the local accounting rules and standards. This book is of interest for several reasons. First, private firms, which are not necessarily small-medium sized companies, are the most prevalent and the engine of growth in all European countries. At the same time, the international academic literature is mainly devoted to listed companies, due to the limited availability of data for private companies and the idea that accounting information is less relevant for this kind of companies. In addition, the analysis contained in the book is the result of the work of more than 30 European researchers, who contributed to both a vertical analysis of eight countries (Germany, Spain, Italy, France, the Netherlands, the United Kingdom, Sweden, and Denmark) and a horizontal analysis of the most relevant cross-cutting issues (fundamental principles, financial statement formats, impairment losses, capital reserves and profit distribution, income taxes, and non-financial reporting). More specifically, the book aims to examine, from a comparative perspective, the methods of application of the Directive in Europe, in parallel with the evolutionary processes of national GAAPs, in order to verify the impact of both legal regulations and professional rules on the quality and comparability of accounting information, as well as the degree of convergence towards the IAS/IFRS model.
The European Health Data Space: Examining A New Era in Data Protection
by Santa Slokenberga Katharina Ó Cathaoir Mahsa ShabaniThis timely volume provides a comprehensive examination of how the proposed new European Health Data Space (EHDS) legislation will impact upon health and genetic data, individual privacy and providers of health services.With the current legal framework recognised as insufficient in protecting data-related rights, the book spotlights the opportunities and challenges posed by the EHDS in balancing the interests of individuals with policymakers and researchers. It considers the impact on individual EU member states while highlighting issues such as changes to patients’ rights, wearable technology, developments in e-health and the secondary use of medical data. Critically, it also examines how the EHDS will operate within existing legal frameworks, including the General Data Protection Regulation, the Data Governance Act and the Data Act.Including contributions from some of the leading scholars in this area, this groundbreaking book will be key reading for students and researchers across law and public health.Chapters 2, 10 and 11 have been made available under a Creative Commons Attribution-NonCommercial-NoDerivatives (CC-BY-NC-ND) 4.0 license. Chapter 5 has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
European Human Rights Case Summaries
by Barbara MensahThis book can be used together with the European Human Rights Case Locator or as a stand-alone volume. This book contains all the cases decided by the court from 1960 to 2000, set out in an informative and easy to read summary form. The majority of the cases have not previously been reported in any UK law report. The cases are listed in alphabetical order and the following information is presented in each case summary: name of the case and case number (from numbering system adopted in European Human Rights Case Locator) law report reference (if it has been reported) date of application to the Commission/Court the date of the Commission report (pre-October 1998 cases) and the date of judgment brief summary of the facts of the case Commission finding (pre-October 1998 cases) Court's decision and reasons on the substantive Articles/Protocols Court's decision on just satisfaction/damages, expenses and costs all other cases cited by the court in its decision. This book also includes a list of all the cases in chronological order with numbering, a list of cases by subject matter and a copy of the relevant articles and Protocols of the European Convention on Human Rights. This book provides a complete reference source and research tool in a single volume of all the Court's judgements.
European Human Rights Justice and Privatisation: The Growing Influence of Foreign Private Funds
by Gaëtan CliquennoisWith the decline of public funding and new strategies pursued by interest groups, foreign private foundations and donors have become growing contributors to the European human rights justice system. These groups have created their own litigation teams, have increasingly funded NGOs litigating the European Courts, and have contributed to the content and supervision of the European judgements, which all have direct effects on the growth and procedure of human rights. European Human Rights Justice and Privatisation analyses the impacts of this private influence and the resultant effects on international relations between states, including the orientation of European jurisprudence towards Eastern countries and the promotion of private and neo-liberal interests. This book looks at the direct and indirect threat of this private influence on the independency of the European justice and on the protection of human rights in Europe.
The European Impact Assessment and the Environment
by Martin Führ Sebastian Lechner Kilian BizerThe European Commission requires an impact assessment report for any regulation proposed. This book analyzes the quality of impact assessments and discusses deficits and possible improvements. Based on 30 case studies of impact assessments, an institutional analysis of the relevant actors is conducted, which shows that there are many shortcomings, among them an incentive problem concerning desk officers in the European Commission. The book includes various articles which address controversial problems and possible solutions. It offers a comprehensive overview of the practice of impact assessment in the EC, as well as an institutional analysis of the processes involved and of the checks and balances between politicians and their administration.
The European Insurance Industry: Regulation, Risk Management, and Internal Control
by Antonella CappielloThis book analyses the methodologies and functions of a systemic approach to risk governance and internal control capable of tackling the complexity of the insurance business. It focuses on the main trends currently impacting the insurance industry, characterized by new operators, new products and services, new tools, new styles of competition, and new risks. It provides tips and empirical contributions addressing the role of sound internal control and risk management models within an ongoing revision of prudential regulation to better deal with the evolving scenario where insurance activities are becoming increasingly risky and complex. The book is of particular interest to scholars and students of insurance and financial services and practitioners in the insurance industry.
European Intellectual Property Law (European Business Law Library)
by Terence PrimeThis title was first published in 2000: European Intellectual Property is a survey and discussion of the impact of the economic principles of the European Community, upon the legal regime for the protection of intellectual property rights within the Community and the laws of its Member States. Beginning with a discussion of the issues arising from the treaty itself and the efforts of both the European Court of Justice and the European Commission through the liberalization of licensing procedures to meet these specific issues, the survey goes on to consider the attempts to achieve harmonization of national laws in the fields of trade marks, patents, industrial design and the wider efforts to create Community wide intellectual property rights.
European International Law Traditions
by Peter HilpoldInternational Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions.The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts.In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.
European Investigation Order: Where the Law Meets the Technology (Law, Governance and Technology Series #55)
by Maria Angela Biasiotti Fabrizio TurchiIn the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject.Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
European Labour Law
by Brian BercussonEuropean Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.
The European Landscape Convention
by Marie Stenseke Michael JonesThis important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book's focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.
European Legal Cultures in Transition
by Grødeland, Åse B. and Miller, William L. Åse B. Grødeland William L. MillerAre national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.
European Legal History
by Randall Lesaffer Jan ArriensThe rediscovery of Roman law and the emergence of classical canon law around AD 1100 marked the beginnings of the civil law tradition in Europe. Between the twelfth and eighteenth centuries, a highly sophisticated legal science of a truly European dimension was developed. Since then the different European States have developed their own national legal systems, but with the exception of England and Ireland they are all heirs to this tradition of the ius commune. This historical introduction to the civil law tradition, from its original Roman roots to the present day, considers the political and cultural context of Europe's legal history. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted. This contextual approach makes for a fascinating story, accessible to any reader regardless of legal or historical background.
European Media Policy for the Twenty-First Century: Assessing the Past, Setting Agendas for the Future (Routledge Advances in Internationalizing Media Studies)
by Seamus Simpson Manuel Puppis Hilde van den BulckMedia policy issues sit at the heart of the structure and functioning of media systems in Europe and beyond. This book brings together the work of a range of leading media policy scholars to provide inroads to a better understanding of how effective media policies can be developed to ensure a healthy communication sector that contributes to the wellbeing of individual citizens, as well as a more democratic society. Faced with a general atmosphere of disillusionment in the European project, one of the core questions tackled by the volume’s contributors is: what scope is there for European media policy that can exist beyond the national level? Uniquely, the volume’s chapters are structured around four key policy themes: media convergence; the continued role and position of public regulatory intervention in media policy; policy issues arising from the development of new electronic communication network environments; and lessons for European media policy from cases beyond the EU. In its chapters, the volume provides enriched understandings of the role and significance of policy actors, institutions, structures, instruments and processes in communication and media policy.
European Metropolitan Commercial Real Estate Markets
by Ed F. Nozeman Arno J. Van der VlistMetropolitan commercial real estate markets are highly influenced by global forces, the regional economy, and institutional behaviour. While descriptions of regional commercial real estate markets are well known and widespread in academic literature, this monograph goes beyond that in explaining the dynamics in and variations between European metropolitan markets. By comparing those markets on relevant indicators and through extensive data analysis, a number of explaining factors is revealed. Contributions on specific metropolitan markets with different positions within the real estate cycle illustrate not only the characteristics of the local economy and its institutions, but also urgent issues such as battling vacancy, changing retail hierarchy or managing obsolescence.
European Minorities in Times of Crisis: Negotiating Identities (Routledge Advances in Minority Studies)
by Ruairidh TarvetOver the last decade, Europe has been struggling to cope with a series of significant and challenging global crises. Dramatic scenes from the so-called migrant crises, global financial crises, the Covid-19 pandemic and the war in Ukraine have sent shockwaves across Europe’s borders and have triggered drastic and sometimes even unprecedented responses from nation states. Caught between the shockwaves and counter-measures are Europe’s national minority communities. With little say or influence in national discussions on which measures to take in response to each crisis and often situated in peripheral or border regions, it is likely that these communities have been subjected to shifts in power balances and this may have even impacted their regional, national and transnational identities. By combining various sociological and anthropological methodologies with case studies from across northern, central, eastern and southern Europe, this book stresses the importance of listening to the unique concerns of minority communities in times of crisis. Starting in the Arctic Circle and working down in a reverse C-shape through Europe, each stop along the journey visits a different national minority community, where we learn about their multicultural, multilingual and transnational lifestyles and the distinct challenges they have faced in recent years. This book will be of interest to academics and researchers working in the areas of human geography, border studies, European studies, sociology, politics, minority studies and language studies.
The European Neighbourhood Policy - Values and Principles: Values And Principles
by Sara PoliThe European Neighbourhood Policy is a key part of the foreign policy of the European Union (EU), through which the EU works with its southern and eastern neighbours with a view to furthering its interests and achieving the closest possible degree of political association and economic integration. The policy is underpinned by a set of values and principles that the EU seeks to promote. The European Neighbourhood Policy – Values and Principles carries out a legal analysis of the values and principles that form the basis for the European Neighbourhood Policy – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (including the rights of minorities), plus the principles of conditionality, differentiation and coherence. This collection explores the instruments that the EU has deployed under the European Neighbourhood Policy to spread its values and to achieve its interests. It assesses to what extent the EU has been (and is) consistent in upholding its values in its relations with neighbouring countries, and examines how these values have been received by these countries. The book looks in particular at the nature of EU-Russia relations, seeking to identify areas of common interest as well as those of actual and potential disagreement.
The European Parliament as an Accountability Forum: Overseeing the Economic and Monetary Union
by Adina AkbikThis book provides the first in-depth empirical study of the European Parliament's powers of scrutiny of the executive in the European Union (EU) political system, focusing on the politically salient field of the Economic and Monetary Union. The expansion of executive decision-making during the euro crisis was accompanied by an empowerment of the European Parliament through legislative oversight. This book examines how the European Parliament exercises that oversight on a day-to-day basis and thus contributes to political accountability at the EU level. Building on an innovative analytical framework for the study of parliamentary questions and answers, Adina Akbik sheds light on the European Parliament's possibilities and limitations to hold EU executive bodies accountable more generally. Case studies cover the period 2012 to 2019 and include the European Central Bank in banking supervision, the European Commission, the Eurogroup, and the Economic and Financial Affairs Council. This title is Open Access.
European Perspectives on Behavioural Law and Economics
by Klaus MathisThis anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost ("expected utility theory"). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics.
European Perspectives on Environmental Law and Governance (Routledge Research in EU Law)
by Suzanne KingstonThis book provides a range of perspectives on some of the most pressing contemporary challenges in EU environmental law and governance from some of today’s leading European environmental academics and practitioners. The book maintains a focus on three key cross-cutting issues, each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second issue explored concerns the challenge of integrating environmental considerations into other policy areas, as is required by the Treaty on the Functioning of the European Union and the EU’s Charter of Fundamental Rights. Finally, the third theme centres on the important challenge of improving environmental enforcement within the EU, and considers issues such as the Aarhus Convention and the evolution of the Commission’s work on implementation and enforcement throughout the past twenty years. Each of these three themes is situated within the broader ongoing debate about the changing nature of European environmental governance post-Lisbon and the ways in which developments in this area fits within broader trends in European governance theory and policy generally. European Perspectives on Environmental Law and Governance contains contributions from experts in the field including; Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.
European Perspectives on Pre-Trial Detention: A Means of Last Resort? (Routledge Frontiers of Criminal Justice)
by Christine Morgenstern Walter Hammerschick Mary RoganHigh levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases within the European influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
European Prudential Banking Regulation and Supervision: The Legal Dimension (Routledge Research in Finance and Banking Law)
by Larisa DragomirThe financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed. This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.