European law 217 results

Member States of the European Union have suggested resorting to the extraterritorial processing of asylum claims and resettlement as alternatives to the spontaneous arrival of refugees/asylum seekers at their borders. Yet there exists no consensus about the definition, operation, and implications of these policies. Central to the currently prevailing uncertainty is the effect of extraterritoriality, both in terms of legal and ethical obligations owed to those who are geographically distant from a particular state border. This book seeks to contribute to the discussion on extraterritorial processing and resettlement by considering their implications. It does so by using a mixed methodology, comprising of legal analysis and ethical reasoning, in order to appraise the legality and legitimacy of these policies. The structure of leaving, entering, and remaining is employed to consider the right to leave, non-refoulement, the ability to receive protection in an EU Member State, and their interaction with the extraterritorial context. Scholars researching alternatives to the spontaneous arrival of asylum seekers will find this book particularly relevant, as well as those studying the protection of human rights in the extraterritorial context more generally. Finally, the book also provides insights for policy-makers exploring novel pathways to complement existing asylum systems.

This book investigates the practice of profiling using Big Data Analytics, with the main focus on the interplay between the European Union General Data Protection Regulation (GDPR) and the European Union Unfair Commercial Practice Directive (UCPD). This book is an interdisciplinary study of profiling as a technological tool, and of its legal framework, including comparative analysis of the case law on personal data processing.

What has been achieved in legislating Company law in Europe? What has been implemented already? What is working in practice and what is not effective? What still has to be done?

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

Sont abordés dans cet ouvrage : le blanchiment d’argent, la protection de la vie privée, les successions internationales, les situations transfrontalières d’un point de vue civil ou d’un point de vue fiscal, l’impact des dispositions européennes en matière immobilière ainsi que le digital, qui génère des mutations profondes pour la profession notariale notamment.

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

Presenting the main principles as well as the fundamental rules of Polish constitutional law and its relationship with European law, this book allows to discover and understand the specificities of the constitutional history of Poland within the European Union.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

L'ouvrage présente, dans une perspective de droit européen et comparé, l'ensemble des principes qui gouvernent la préparation, la passation et l'exécution des contrats publics en Europe.

Quelles sont les difficultés auxquelles font face les citoyens et les personnes qui les conseillent dans des situations de mobilité, lorsqu’elles sont confrontées à des problèmes juridiques liés aux relations familiales ? Comment apporter une réponse ?

Des contributions sur le rôle des droits de propriété pour la protection de l’environnement comme alternatives aux réglementations publiques. Papers on the role of property rights for environmental protection as an alternative to public regulations.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.

This volume covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.

The fourth edition of Materials on European Criminal Law is a collection of legal instruments including all legal materials relevant for the practice of the Member States of the European Union in one concise volume.

L'ouvrage présente les modifications concrètes apportées par le nouveau règlement, en insistant sur la jurisprudence européenne et nationale.

This book deals with the subject of treaty making in federations. First, a theoretical framework is developed, addressing the question of which level(s) of government should possess treaty making power. Second, the current legal framework is analyzed from three perspectives: international, European and comparative domestic. Third, the theory developed is put to the practical test and an assessment is made regarding the making of tax treaties in the most peculiar federation in this regard, namely Belgium.

Papers contributed by representatives of EU and national antitrust authorities, judges and in-house legal counsels, professors, academics and experts in EU and national antitrust law, dealing with the most salient and topical antitrust issues.

La lutte contre le terrorisme est multidimensionnelle. L’ouvrage l'examine sous toutes ses formes, dans le cadre européen et aux niveaux international et national. Il se penche tant sur la prévention que sur la répression.

The book offers a description of the current state of play and a critical analysis of the late reforms designed to facilitate private enforcement of competition law in the European Union. It includes comparative aspects and transversal themes.

This handbook proposes an introduction to the EU’s Environmental and Climate Law. It is thus primarily intended for students, legal practitioners and environment-specialized engineers and other technicians.