Pour Dépasser la Crise : un Espace Administratif Commun
Book | 1st edition 2012 | Europe | Demetrios Argyriades, Gérard Timsit
This volume finds causes to lay the blame, for our difficult predicament, on the institutional deficit, policies, practices and values that have followed in the trail of a highly misleading and erroneous model of governance.
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 | Jan Buelens, John A. Pearson
This book investigates whether one of the basic norms underlying contemporary labour law in the EU - standard work - has been subject to drastic changes. Standard work, usually defined as fulltime, permanent employment for a single employer, has traditionally been the most common form of work structure, and various legal obligations and protections are strongly associated with it. However, standard work seems to have increasingly come under attack in recent years.
Flexicurity has been a core concept in the EU’s employment debates as of 2006 and was codified into common principles of flexicurity in December 2007. This study explains the development and conclusion of the EU’s flexicurity concept.
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.
Book | 1st edition 2012 | World | Anne L.M. Keirse, Marco Loos, Marco B.M. Loos
This book discusses two major instruments of European contract law that saw the light in 2011: the Consumer Rights Directive (CRD) and the proposal for a Common European Sales Law (CESL). Both instruments aim at improving the internal market.
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 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
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.
This book deals with the endeavor of national and supranational legislators to develop more attractive corporate legal forms and investment frameworks. It focuses on some recent national corporate law reforms, the newly introduced European legal form Societas Europaea and the choice of law in corporate debt securities.
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.
A comparative and historical perspective on hate speech law in the Netherlands and England & Wales
Book | 1st edition 2011 | World | Marloes van Noorloos
Criminal law on hate speech has become a hotly debated topic in the past decade. How to deal with hate speech in an increasingly pluralist society has become a pressing question. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins.