Prevention of terrorism and compliance with fundamental legal rights and principles of law - the Dutch antiterrorism legislation
Book | 1st edition 2011 | World | Karin Veegens
Since the 9/11 attacks combating terrorism has gained top priority within Dutch politics. This book discusses the scope of the preventive-oriented Dutch anti-terrorism legislation and its impact on fundamental legal rights and principles of law as enshrined in the European Convention on Human Rights. It analyses criminal liability for terrorist offences and discuses in particular the level of suspicion that is required to apply state powers to prevent acts of terrorism in light of the relevant fundamental legal rights.
Book | 1st edition 2011 | Europe | Bram Delvaux, Michaël Hunt, Kim Talus
This third volume of EU Energy Law and Policy Issues presents an overview of some of the most recent developments taking place in the EU energy sector at a time when the Third Energy Package is likely to be or has been implemented in the EU Member States. In this respect, the reader will find a number of contributions which offer detailed and critical views on some of the main issues tackled by the Third Energy Package
Book | 2nd edition 2011 | Europe | Stefan Grundmann
Over the last decade, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.
New insights from national social security law and international law
Book | 1st edition 2011 | Europe | Klaus Kapuy
How should a State treat an irregular migrant worker who is confronted with the realisation of a social risk such as becoming incapacitated for work due to a labour accident? Should he be treated like any other worker and qualify for income replacement benefits, medical benefits and labour-market reintegration measures? Or should he be denied these benefits? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law.
Book | 1st edition 2011 | Europe | Tineke Dijkhoff
Within the European Union, social security basically remains a national field of competence. The lack of common norms has paved the way for a large disparity in social protection between EU Member States, which is not conducive to the European single market. Moreover, it may lead to an increase in poverty and social exclusion and intensify economic competition between Member States. At the same time, almost all EU Member States are bound by one or more international social security instruments developed by the ILO and by the Council of Europe. This book analyses the international standards, followed by the case studies of the Czech Republic and Estonia.
A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and EU Law and Policy
Book | 1st edition 2011 | Europe | Maria Ventegodt Liisberg
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.
Improving the use of economic analysis in public policy and legislation
Book | 1st edition 2011 | Europe | Andrea Renda
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.
The obligations of national administrative authorities in the case of incompatibility between national law and European law
Book | 1st edition 2011 | Europe | Maartje Verhoeven
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.
Book | 1st edition 2011 | World | Katharina Boele-Woelki, Joanna K. Miles, Jens Scherpe
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?
Book | 1st edition 2011 | World | Iain Cameron, Malin Thunberg Schunke, Karin Påle-Bartes, Christoffer Wong, Petter Asp
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.
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.
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 | 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.
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.
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.
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.