Book | 1st edition 2011 | Europe | Bea Cantillon, Ninke Mussche, Patricia Popelier
The authors of this book critically assess the current stage of social federalism in Belgium and ask how against the background of the major challenge of an ageing population an effective social policy can be shaped. The book considers at which level the bulk of an effective social policy is best situated, what the role of the sub-national entities can be, and which limitations are imposed by the constitutional and European framework. The various forms of power allocation are considered for social federalism in Belgium.
This book analyses the reaction of some countries to the financial and economic crisis of 2007 with regard to the effect of this economic downturn on pensions. Both European and Anglo-Saxon countries are examined. It thus clarifies the main problems with regard to accounting standards for occupational retirement schemes, the funding of both DC and DB pension schemes, the governmental troubles with PAYG schemes. Recommendations and lessons from these various countries give an insight in possible solutions.
Book | 1st edition 2010 | Europe | Claudia Desogus
This book deals with parallel trade of pharmaceuticals from a Law & Economics perspective. In recent judgments (Bayer, Glaxo and Syfait), EU Courts questioned some of the legal principles underpinning the EU policy on parallel trade in the field of pharmaceuticals. Through the analysis of the impact that parallel trade of pharmaceuticals has on consumer welfare, both in a static and in a dynamic sense, this work examines whether the current legal approach to parallel trade of pharmaceuticals reflects the findings of economic theory, whether it should change, and, if so, on what basis this adjustment should take place.
Everybody who is arrested or questioned by the police on suspicion of involvement in a criminal activity has certain rights, such as the right to remain silent or to consult a lawyer. This book gathers information on the way suspects in the EU Member States are informed in writing of their rights in criminal proceedings. Subsequently a normative framework has been developed based on the jurisprudence of the ECtHR to establish standards and a legal basis for information that should be given to the suspect in the initial phase of police investigations. Finally a model has been developed for an EU-wide Letter of Rights.
Patterns of Supranational and Transnational Juridification
Book | 1st edition 2010 | World | Rainer Nickel
This book seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.
Book | 1st edition 2010 | World | Martine Boersma, Hans Nelen
This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.
Book | 1st edition 2010 | Europe | Lisa Waddington, Gerard Quinn
The field of disability law and policy is both new and rapidly expanding at European level. It covers a disparate range of subject areas including non-discrimination, transport, education, employment and housing. For the first time, the Yearbook draws all of the relevant developments at the European level together and provides an indispensable reference work for lawyers, public policy analysts, researchers, government agencies and civil society groups.
The International Criminal Tribunal for Rwanda 2006-2007
Book | 1st edition 2010 | World | André Klip, Göran Sluiter
This twenty-fifth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2006-2007.
Book | 1st edition 2010 | Europe | Sarah Schoenmaekers
This book discusses and compares the different legal and economic aspects of the regulation of architects in Belgium and the Netherlands . It also discusses EU legislation and case law on the free movement of architects in and to the European Union.
Book | 1st edition 2010 | World | Jan Wouters, Eva Brems, Stefaan Smis, Pierre Schmitt
The present book, with carefully selected contributions from many prominent scholars and practitioners, is the first to explore situations in which human rights are threatened or violated through the actions, operations or policies of international organizations in a comprehensive manner and to examine the accountability mechanisms that are available.
This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms.
NGOs play an increasingly important role not only as international political actors but also as organizations involved in the creation, implementation and enforcement of international law. This book answers the question whether these organizations acquired an international status equivalent to that of States or international governmental organizations?
Surrendering suspects to the International Criminal Court
Book | 1st edition 2010 | World | Christophe Paulussen
The infamous abduction of Adolf Eichmann in Argentina on 11 May 1960 and the recent kidnapping of suspected terrorist Abu Omar in Italy on 17 June 2003 show that the use of irregular means was and is still considered an option in apprehending suspects, especially when the interests are (considered to be) strong. This study’s central question is how the ICC currently copes with the dilemmas that a male captus case can give rise to and how this approach is to be assessed.
A multidisciplinary inquiry into the foundations of the regulatory welfare state
Book | 1st edition 2010 | World | Gijsbert Vonk, Albertjan Tollenaar
Our social security systems face many challenges. Economic crises, the ageing of the population and changing employment patterns call for a reorientation of policies. In the last few decades the introduction of private elements has often been advocated as a way forward. This book addresses the questions to which this privatisation gives rise.
Book | 1st edition 2010 | Europe | Rosa Castro Bernieri
This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). .
In recent years, many academics and policymakers have argued that the welfare state needs to be modernized. It is claimed that social protection systems still largely reflect the ‘old social risks’ created under industrial capitalism and that they need to be adapted to the ‘new social risks’ that have developed with the transition to post-industrial society. This book addresses some of the challenges for social protection posed by these demographic, social and economic transformations.
This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases andt also examines the empirical data that shed light on the operation of procedural rules in legal practice.
Book | 1st edition 2010 | Europe | Filip Dorssemont, Thomas Blanke
On 16 May 2009, the EC Directive 2009/38 (Recast Directive) has been published in the Official Journal. With effect from 6 June 2011, the EC Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees will be repealed. It will be substituted by the Recast Directive.
Book | 1st edition 2010 | Europe | Edward Lloyd-Cape, Zaza Namoradze, Roger Smith, Taru Spronken
Every year, millions of people across Europe – innocent and guilty - are arrested and detained by the police. Based on a three year research study, this book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. It is essential reading for academics, researchers, students, defence lawyers and policy-makers in the area of criminal justice in Europe.
