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undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees will be repealed.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.
Book | 1st edition 2010 | Europe | Edoardo Ales, Tonia Novitz
Recent cases decided by the European Court of Justice have raised crucial issues regarding the scope for collective action in Europe. In this context, this collection of essays investigates treatment of the right to strike in seven Member States of the European Union: Belgium, France, Germany, Italy, Spain, the Netherlands and the United Kingdom. Each national report examines how legal regulation seeks to address conflicting interests, namely those of employers, workers and the public at large. Each report also outlines the potential impact of EU jurisprudence in that country.
Book | 1st edition 2010 | Europe | Margherita Poto
This book provides an overview of the role of the independent administrative authorities assigned to the oversight of financial markets, by outlining both the historic and economic background, the warp and the weft of the European system, and where these authorities have emerged and now operate.
Book | 1st edition 2010 | World | C.H. van Rhee, Alan Uzelac
This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.
Book | 1st edition 2010 | World | Jan Hallebeek, Harry Dondorp
By presenting historical materials, this volume elucidates the quandary of the law of obligations when it has to answer the question what a creditor eventually will acquire: damages or specific performance?
All-Source Threat Assessments in the Fight Against Terrorism
Book | 1st edition 2010 | World | Vast Comité I
This book collects contributions from European countries that have created ‘fusion centres’ or that have attributed the ‘all-source threat assessment’ assignment to an existing body. The result paints a specific and valuable picture and gives a unique insight into the way integrated analyses are produced, not in the least because all contributions were written by people from within the fusion centres; not by outsiders.
Book | 1st edition 2010 | World | Jane Mair, Esin Örücü
This edited volume tests the Principles of European Family Law on Parental Responsibilities in a range of legal systems, and in so doing assesses these legal systems in view of the Principles, and the Principles in view of these legal systems.
With a Particular Focus on the Law of Armed Conflict
Book | 1st edition 2010 | World | Frederik Naert
This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU with an analysis of the status and obligations of international organizations under international law and applies the findings thereof to the law of armed conflict and human rights in relation to ESDP operations.
Book | 1st edition 2009 | World | Christoph Castelein, Rene Foqué, Alain-Laurent Verbeke
This volume in the EFL-Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars.
On Labour in Its Relation with Capital Through Law
Book | 1st edition 2009 | Europe | Marc Rigaux
In this work the author tries to uncover the parameters the labour legislators used in the development of labour protection. He formulates a number of theses that allow him to establish a theory of labour law. The themes dealt with in this work fit in an overall vision on labour in its relation with capital as dealt with in law.
Book | 1st edition 2009 | Europe | Danny Pieters, Paul Schoukens
This book sheds an innovating light on the relations between EU and non-EU countries and nationals, as far as social security is concerned. These are dealt with in a number of contributions by eminent international experts.
This book explores the intricate, complex, and sometimes contentious relationship between the European Union’s agenda for a free internal market and the protection of labour standards within the European Union. Its immediate focus is on recent legal developments, both in case law and in legislation.
A Comparative Law Study on ChildrenÂs Right to Know Their Genetic Origins
Book | 1st edition 2009 | Europe | Richard J. Blauwhoff
This book deals with the rights of persons, both children and adults, who feel a strong wish to find out who their biological parents are. The identification of biological parents may become important in a wide variety of situations, which run the gamut from adoption to sperm donor anonymity and ‘misattributed paternity’. A thorough comparative study of the relevant law across a number of jurisdictions found on the European continent has now for the first time been made available in English.
Book | 1st edition 2009 | World | Katharina Boele-Woelki, Bente Braat, Ian Curry-Sumner
This volume contains detailed information concerning the law on property relations between spouses (matrimonial property law) in twenty-six European jurisdictions.
Book | 1st edition 2009 | World | Katharina Boele-Woelki
This volume contains articles on three issues that at the dawn of the 21st century have provoked passionate discussion: (compulsory) arrangements regarding children; registration schemes for same-sex couples: new jurisdictions ; and the effectiveness of the pater est rule.
Book | 1st edition 2008 | Europe | Frank Hendrickx
This book aims to foster the debate on flexicurity in the European Union from a multi-disciplinary approach. It raised key questions, such as: In what context does flexicurity play a role? What are the current challenges for the world of work? What is the meaning of flexicurity? How is it to be understood in European economic and social policy? What is the success of the ‘Danish model’ and is it transferable? What is the effect of the flexicurity debate on labour laws? How will European flexicurity policy develop and what can Member States do to become flexicure?