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The European Public Prosecutor's Office: The Challenges Ahead (Legal Studies in International, European and Comparative Criminal Law #1)
by Lorena Bachmaier WinterThis book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities.This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings.The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
European Real Estate: Asset Class Performance and Optimal Portfolio Construction
by Gianluca Mattarocci Dilek PekdemirEuropean Real Estate.
European Regulation of Medical Devices and Pharmaceuticals
by Nupur ChowdhuryOne of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
European Security and Hybrid Threats: A Narrative in the Making
by Zeynep ArkanHybrid threats have been defined in various ways by different security actors, with their scope continuously expanding to encompass emerging insecurities within the evolving security environment. As an umbrella term encompassing a wide spectrum of threats with complex and multidimensional features, the notion of hybrid threats remains inherently vague and amorphous. This lack of clarity presents significant challenges for policymakers, who must constantly identify potential dangers, anticipate risks, and formulate effective responses to safeguard their polities and populations. Consequently, a persistent sense of insecurity has become a defining characteristic of the current European security landscape. This &‘new normal&’ of European security is characterised by a series of &‘(un)known unknowns&’ that fall under the elusive concept of hybrid threats. However, rather than accepting this evolving security paradigm at face value, this study calls for a critical examination of its underlying assumptions, core concepts, and broader political implications. It argues that the hybrid threat narrative demands a re-evaluation of what security means in contemporary Europe and how it is operationalised. Moreover, the study underscores the expansive nature of the hybrid threat framework, which has the potential to include virtually any domain – ranging from education and technology to research and public infrastructure – thereby contributing to the securitisation of all aspects of social and political life. This expansive and ambiguous framing raises important questions about the limits of security and allocation of resources, carrying considerable implications for democratic governance in Europe. Dr Zeynep Arkan<span lang="EN-GB" style="font-size: 11.0pt; mso-ascii-font-family: Calibri; mso-ascii-theme-font: minor-latin; mso-fareast-font-family: 'Times New Roman'; mso-hansi-font-family: Calibri; mso-hansi-theme-font: minor-latin; mso-bidi-font-family: Calibri; mso-bidi-theme-font: minor-latin; color: #1f3864; mso-themecolor: accent1; mso-themeshade: 128; mso-ansi-language
European Sexual Citizenship: Human Rights, Bodies and Identities
by Francesca Romana AmmaturoThis book is an innovative and critical contribution to the study of the human rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people in the context of Europe. Combining legal and Foucauldian approaches, it investigates the ways in which current discourses about LGBTIQ rights in Europe are tightly bound to contemporary debates about national and trans-national citizenship. The author defines and analyzes the concept of 'multisexual citizenship' to illustrate new, flexible forms of sexual and gendered citizenship that could radically transform practices of citizenship and the current human rights framework in Europe. She does this by combining critical deconstructions of the case law of the European Court of Human Rights with ethnographic observations and sociological analysis. This interdisciplinary work will appeal to sociologists, lawyers and researchers of gender and LGBTIQ rights.
European Ship Recycling Regulation
by Urs Daniel EngelsThis study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention's entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention's becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis' overall message is one of cautious optimism.
The European Social Model and Transitional Labour Markets: Law and Policy (Studies In Modern Law And Policy Ser.)
by Ralf RogowskiBringing together theoretical, empirical and comparative perspectives on the European Social Model (ESM) and transitional labour market policy, this volume contains theoretical accounts of the ESM and a discussion of policy implications for European social and employment policies that derive from research on transitional labour markets. It provides an economic as well as legal assessment of the European Employment Strategy and contains evaluations of new forms of governance both in European and member state policies, including discussions of the potential and limits of soft law instruments. Country studies of labour market reforms in Denmark, the Netherlands, Belgium and France assess their contribution to an emerging ESM, while comparative accounts of the ESM examine mobility and security patterns in Europe and beyond and evaluate recent 'flexicurity' policies from a global perspective.
European Social Policy and the Nordic Countries
by Alan C. NealThis title was first published in 2000: The contributions to this volume have been brought together and edited from presentations made to a two-day seminar held in Brussels with the financial and organisational support of the social affairs directorate of the European Commission on 15th and 16th May 1995. That seminar provided an important first opportunity, following accession to membership of the European Community by Finland and Sweden, for representatives of the Commission to discuss with delegates from all of the significant labour market organisations throughout the Nordic countries some of the challenges and fears raised by the superimposition of a European-level framework upon the fabled social structures of those Nordic countries.
European Societies, Migration, and the Law: The ‘Others' amongst ‘Us'
by Moritz JesseNot a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.
The European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks (Routledge Research in Finance and Banking Law)
by Phoebus L. Athanassiou Angelos T. VouldisThe European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks explains why the euro area’s progress towards reining in the risks arising from the well-documented bi-directional financial contagion transmission mechanism that links sovereigns to commercial banks has been more prominent compared to the channel of contagion moving from banks to sovereigns. Providing an analysis of the legal and regulatory measures that Europe and the euro area have taken to mitigate the exposure of sovereigns to financial crises generated by commercial banks, this book draws attention to areas where improvements to the arsenal of tools hitherto introduced are either desirable or necessary. Chapters further explain – with recourse to economic and legal arguments – why the channel of contagion moving from sovereigns to commercial banks has proven harder to close, and explores ways in which progress could be made in the direction of closing it so as to avert the risk of future banking sector crises. This work provides essential reading for students, researchers and practitioners with an interest in sovereign debt crises and the euro-area banking system.
European Sovereignty: The Legal Dimension
by Gavin Barrett Peter-Christian Müller-Graff Jean-Philippe Rageade Viktor VadászIn October 2022, the Academy of European Law (ERA) in Trier celebrated its 30th anniversary with a congress devoted to the legal dimension of the European sovereignty. 1992 was not only the year in which the ERA was founded, but also a key moment in the history of European integration, as it marked the signing of the founding treaty of the European Union, the Treaty of Maastricht. While sovereignty was a highly controversial issue at the time, the (geo)political and economic challenges facing the Union in recent years have brought it back to the centre of the debate. This book brings together some of the papers presented at the Jubilee Congress and explores recent concepts such as 'budgetary sovereignty', 'strategic sovereignty', and 'digital sovereignty'.
European Sports Law
by Stephen WeatherillEuropean Sports Law: Collected Papers 2nd edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers. Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general. The updated 2nd edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners. The book appears in the ASSER International Sports Law Series (ISSN: 1874-6926), under the editorship of Dr. David McArdle, Dr. Ben Van Rompuy and Marco van der Harst LL. M.
The European Stability Mechanism Before the Court of Justice of the European Union
by Etienne Lhoneux Christos A. VassilopoulosThis book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court's interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc. ) with regard to the ESM treaty provisions.
European States and Their Muslim Citizens
by John R. Bowen Christophe Bertossi Jan Willem Duyvendak Mona Lena Krook John R. Bowen Christophe Bertossi Jan Willem DuyvendakThis book responds to the often loud debates about the place of Muslims in Western Europe by proposing an analysis based in institutions, including schools, courts, hospitals, the military, electoral politics, the labor market, and civic education courses. The contributors consider the way people draw on practical schemas regarding others in their midst who are often categorized as Muslims. Chapters based on fieldwork and policy analysis across several countries examine how people interact in their everyday work lives, where they construct moral boundaries, and how they formulate policies concerning tolerable diversity, immigration, discrimination, and political representation. Rather than assuming that each country has its own national ideology that explains such interactions, contributors trace diverse pathways along which institutions complicate or disrupt allegedly consistent national ideologies. These studies shed light on how Muslims encounter particular faces and facets of the state as they go about their lives, seeking help and legitimacy as new citizens of a fast-changing Europe.
European Sustainable Carriage of Goods: The Role of Contract Law (IMLI Studies in International Maritime Law)
by Ellen Eftestøl-WilhelmssonThis work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU’s efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.
European Transport Policy and Sustainable Mobility (Transport, Development and Sustainability Series)
by Peter Nijkamp Dominic Stead David Banister Jonas Akerman Karl Dreborg Ruggero Schleicher-Tappeser Peter SteenIt is now widely accepted that transport is becoming increasingly unsustainable and that strong policy intervention is required to reduce both the growth in transport demand and the environmental costs of transport. This book challenges conventional approaches to transport by moving away from trend based analysis towards the use of scenarios to identify alternative sustainable transport futures. It both summaries the development of EU transport policy and presents a critique. The policy context is widened to include the global changes taking place in economics, society and technology. It develops new methodologies for policy making for the next 25 years.
The European Unfair Commercial Practices Directive: Impact, Enforcement Strategies and National Legal Systems (Markets and the Law)
by Amandine Garde Willem van BoomOne of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
The European Union: A Polity of States and Peoples
by Walter van GervenThis book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind.
The European Union after Lisbon
by Stelio Mangiameli Hermann-Josef BlankeThe book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.
The European Union after the Treaty of Lisbon
by Diamond Ashiagbor Nicola Countouris Ioannis LianosThis volume of essays casts light on the shape and future direction of the EU in the wake of the Lisbon Treaty and highlights the incomplete nature of the reforms. Contributors analyse some of the most innovative and most controversial aspects of the Treaty, such as the role and nature of the EU Charter of Fundamental Rights and the relationship between the EU and the European Court of Human Rights. In addition, they reflect on the ongoing economic and financial crisis in the Euro area, which has forced the EU Member States to re-open negotiations and update a number of aspects of the Lisbon 'settlement'. Together, the essays provide a variety of insights into some of the most crucial innovations introduced by the Lisbon Treaty and in the context of the adoption of the new European Financial Stability Mechanism.
European Union Agencies as Global Actors: A Legal Study of the European Aviation Safety Agency, Frontex and Europol (Routledge Research in EU Law)
by Florin Coman-KundThis book examines a largely unexplored dimension of the European agencies, namely their role in EU external relations and on the international plane. International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of their international dimension, the nature and effects of their international cooperation instruments, their status within the EU and on the global level, and leading potentially to tensions between EU law and international law. This book fills the existing knowledge gap by scrutinizing the international cooperation legal framework and practice of EU agencies, including their mandate, tasks and instruments, together with their legal status as actors with a global dimension. It sets out a general legal-analytical framework which combines legal parameters from EU and international law to assess EU agencies as global actors, and examines in detail three case studies on carefully selected agencies to shed light on the complexities of EU agencies’ daily international cooperation.
The European Union and Customary International Law
by Fernando Lusa Bordin Th. Müller Andreas Francisco Pascual-VivesThe book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.
The European Union and Direct Taxation: A Solution for a Difficult Relationship
by Luca CerioniWithin the European Union, direct taxation is an area which often provokes controversy due to tensions between the tax sovereignty of the individual Member States and the desire for an integrated internal market. This book offers a critical review of the legislative and case-law developments in this area at the EU level, and reviews the European Commission’s proposed solutions in light of their concerns regarding the proper functioning of the EU’s internal market. Luca Cerioni set out a series of benchmarks determined from the objectives expressed by the European Commission, including: the elimination of double taxation and double non-taxation; the simplification of cross-border tax compliance; the reduction of abusive forum-shopping practices and general aggressive tax planning strategies; legal certainty for all businesses and individuals carrying on activities and receiving income in more than one EU Member State. Cerioni uses these benchmarks to ask which Directives and/or rulings have left legal uncertainty, and which have ended up creating or increasing the scope for aggressive tax planning. The book puts forward a comprehensive solution for a new optimal regime relating to tax residence, which would contribute to the EU project to the mutual benefit of Member States and taxpayers. As a thorough and critical discussion of EU tax rules in force, and of the European Court’s case law in direct taxation, this book will be of great use to academic researchers and students of EU law, tax practitioners, and policy-makers at the EU and national level.
The European Union and Global Environmental Protection: Transforming Influence into Action (Routledge Studies in Environmental Policy)
by Mar Campins EritjaThis book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
The European Union and International Investment Law Reform: Between Aspirations and Reality (Cambridge International Trade and Economic Law)
by Ivana DamjanovicIn order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.