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.
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.
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.
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?
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.
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 | 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.
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 | 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 | 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.
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.