This book offers a unique overview of the main legal systems of administrative sanctions with thorough analyses of the administrative law sanctioning systems in 13 Member States and the European Union. The focus is on both remedial and deterrent sanctions in administrative law.
Book | 1st edition 2013 | Europe | Alejandro Saiz Arnaiz, Carina Alcoberro Llivina
‘National constitutional identity’ has become the new ‘buzz word’ in European constitutionalism over the past few years. Much has been written about the concept. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light over the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts.
Book | 1st edition 2013 | Europe | Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny, Walter Pintens
This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.
The energy and climate change challenge is one of the greatest tests which the EU and its Member States are facing. The need to deliver the triple objectives of the EU’s energy policy, namely a competitive, secure and sustainable energy supply, is stronger than ever. This book analyses whether the current EU regulatory framework for energy law and policy suffices to address the triple objectives of the EU’s energy policy, or by contrast, whether changes to that framework are needed.
Book | 1st edition 2013 | World | Eveline Ramaekers
This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.
Book | 1st edition 2013 | Europe | Johannes Keiler
With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. Although the Union frequently refers to conduct, attempt and participation in its legislation, it fails to determine what these concepts should denote to. This book fills this lacuna by establishing what actus reus and rules on participation should look like in European criminal law.
The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU’s own “autonomous” sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues.
A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic He
Book | 1st edition 2012 | Europe | Sarah Haverkort-Speekenbrink
Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?
Book | 1st edition 2012 | Europe | Laura Tilindyté
This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..
In the past decades, the process of European integration has influenced all fields of law, and eventually also criminal law. European legislation now requires Member States to criminalize all sorts of harmful conduct but does not determine the full scope of criminal liability, omitting to define general principles of criminal law such as ‘intention’. This book aims to remedy this by establishing what mens rea and defences should look like in European criminal law.
Book | 1st edition 2012 | Elise Poillot, Isabelle Rueda
Le droit privé européen, dont l’existence n’est aujourd’hui plus contestée, déplace les frontières juridiques spatiales et matérielles et entraîne une évolution des méthodes appliquées au droit. L’objet de cet ouvrage est l’étude de ces mutations.
Book | 1st edition 2012 | Europe | Lisa Waddington, Gerard Quinn, Eilionoir Flynn
This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.
The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.
Book | 1st edition 2012 | Europe | Frederic Eggermont
This book answers two questions: what is the relationship between the European Council and the other EU institutions and what are the various roles of the European Council in the EU decision-making process?
Book | 1st edition 2012 | Europe | Hans-Wolfgang Micklitz, Bruno de Witte
Recently the ECJ has been criticized by leading politicians, national judges and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the member states. This volume seeks to address this question from a scholarly perspective, by collecting and confronting the views of leading specialists of EU law examining the ECJ’s recent role.
The Legal Status of Relationships in a Changing Society
Book | 1st edition 2012 | Europe | Caroline Sörgjerd
In Reconstructing Marriage - The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?
Optimizing Enforcement in Case of Environmental Violations
Book | 1st edition 2012 | Europe | Katarina Svatikova
This book examines the question why – from an economic perspective – society should enforce certain violations through criminal law, while others through private or administrative law.
Book | 1st edition 2012 | Europe | Lotte Meurkens, Emily Nordin
In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes.
