European and international law 360 results

Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.

This thirty second volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in December 2008. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.

In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.

The use of economics in public policy, in the form of ex ante Regulatory Impact Analysis (RIA), is strongly advocated by international organizations such as the OECD and the World Bank. In the US and the EU, hundreds of RIAs are produced every year to justify public intervention in the form of regulation. But reality shows that in many other countries the adoption and implementation of this tool has been patchy at best.

This twenty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005.

National administrative authorities are obliged to leave provisions of national law unapplied when these are incompatible with EU law. Irrespective of their position and powers under national law, national administrative authorities are supposed to comply with this so-called ‘Costanzo obligation’ as established by the Court of Justice. This raises questions of both European Union law and national constitutional law, particularly with regard to the principle of legality.

Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.

This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts – Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?

This thirty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2007-2008.

This book describes and analyses the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition and the EU arrest warrant. The Swedish law and practice in international criminal law is particularly significant for two main reasons. It is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism, designed to facilitate “user-friendliness”. Secondly, the Nordic countries, because of a common history, and shared language and cultural factors, have long had a very high and effective degree of cooperation in international criminal law matters.

Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side it is Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention.

This twenty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the years 2004-2005.

This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the EU, through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualises and contextualises the lack of clear vision in the building up of the area of freedom, security and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint.

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.

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.

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.

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.

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.