%{search_type} search results

• Introduction
• Parameters of convergence
• Contexts of convergence
• Alignment of the two liability systems
• Liability of the European Union
• Liability of the Member States
• Conclusions.

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pecheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pecheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
(source: Nielsen Book Data)

• Abbreviations
• Acknowledgements
• Section I. Introduction, Methodology and Key Concepts: Chapter 1. Preliminary Concepts 1. Introduction
• 2. What is meant by European Union?
• 3. The "Legal Other"
• 4. The Concept of the "Legal Other" in this Book
• 5. Outline of the Book and Research Questions
• Section II. Historical Evolution of EU Migration Law: Chapter 2. The Involvement of the EU in Migration Regulation: From Amsterdam and Tampere to Lisbon and Stockholm 1. Introduction
• 2. Why the EU Became Involved in Migration Regulation
• 3. The Regulation of Immigration in the European Community before Amsterdam (1957-1999)
• 4. The Adoption of the Treaty of Amsterdam and the Tampere Programme (1999-2004)
• 5. The Adoption of the Hague Programme (2005-2009)
• 6. The Lisbon Treaty and the Stockholm Programme: What is the Future of Migration Regulation?
• 7. Conclusion Chapter 3. The Adoption of the Long-Term Residence Directive 1. Introduction
• 2. The Importance of Adopting a Directive on Long-term Residents
• 3. The Historical Antecedents
• 4. The Process of its Adoption
• 5. The Main Elements of the Adopted Directive
• 6. The Key Provisions in the Directive
• 7. Conclusion
• Section III. The Content of the Long-term Residence Directive: Chapter 4. Scope of the Directive: Article 3 1. Introduction
• 2. The Scope of the Directive
• 3. Limitations
• 4. Implementation
• 5. Possible Interpretation by the CJEU
• 6. Conclusion
• Chapter 5. Protection against Expulsion: Article 12 1. Introduction
• 2. Expulsion
• 3. Comparison with the Commission's Proposal and Directive 2004/38
• 4. Implementation
• 5. Possible Interpretation by the CJEU
• 6. Conclusion
• Chapter 6. Residence in Other Member States: Article 14 1. Introduction
• 2. The Possibility to Reside in another Member State
• 3. Limitations
• 4. Implementation
• 5. Possible Interpretation by the CJEU
• 6. Conclusion
• Section IV. The Integration Conditions: Chapter 7. Origin and Development of the Integration Conditions 1. Introduction
• 2. The Origins of Integration Conditions: Citizenship Legislations
• 3. Integration in Other European Instruments: the Family Reunification Directive
• 4. Conditions for Acquiring Long-term Residence Status
• 5. The Integration Conditions
• 6. Implementation
• 7. Conclusion
• Chapter 8. Political Motivations for the Introduction of Integration Requirements 1. Introduction
• 2. A Categorisation of the Political Motivations for the Introduction of Integration Conditions in order to Acquire Long-term Residence Status
• 3. Conclusion Chapter 9. Possible Interpretation of the Integration Conditions by the CJEU 1. Introduction
• 2. Possible Steps in the Interpretation of the Integration Conditions
• 3. The CJEU's Ruling in Chakroun
• 4. Conclusion
• Section V. Conclusion: Chapter 10. Conclusion 1. Is the European Union Construction a "Legal Other"?
• 2. Policy Recommendations
• References: 1. Books and Articles
• 2. Table of Cases
• 3. Legislative and Policy Acts
• 4. Journal Articles
• Biography
• Index.
• (source: Nielsen Book Data)

This book studies the implications for third-country nationals of the adoption of the Long-term Residence Directive. This Directive has the potential to become a subsidiary form of EU citizenship which escapes direct control by Member States. Hence, this Directive brings the prospect of transforming Member States' control over the relationship between territory and population. In order to arrive at this conclusion, the book looks at its content and at the way in which Member States have implemented some of its most controversial articles. It then explores how the Court of Justice could interpret those articles, taking into account its previous jurisprudence on Turkish workers and EU citizens and calling into question the compliance of several national provisions with EU law.
(source: Nielsen Book Data)

• L'enracinement dans le droit de l'Union européenne
• L'émergence d'une spécificité monétaire
• Un système organisé de banques centrales
• Un système indépendant, et responsable?

• The neglected politics behind EU annulment litigation
• Towards an analytical framework to study annulments in the EU
• The legal background
• Studying annulment actions
• Motivations : when conflict leads to litigation
• Litigant configurations : turbulence and the emergence of complex configurations
• Litigant success : how litigant configurations relate to legal outcomes
• The political side of EU annulment litigation
• Correction to : Taking the EU to court

This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over policy content and decision-making competences. The book covers the motivations of actors to turn policy conflicts into annulment actions, the emergence of multilevel actors' litigant configurations, the impact of actors' constellations on success in court, as well as the impact of annulment actions on the multilevel policy conflicts they originate from.
(source: Nielsen Book Data)

• La genèse de la procédure d'avis
• Lamise en œuvre de la procédure d'avis et son importance pour le droit des relations extérieures
• L'objet de la procédure d'avis
• Le champ d'application personnel de la procédure d'avis
• Le déroulement de la procédure d'avis et ses effets
• Un mécanisme réservé aux accords envisagés par l'Union européenne
• La procédure du délibération préventive de l'article 103 du traité CEEA
• Les accords internationaux envisagés par les États membres.

This text considers the applications and implications of the recognition of qualifications provisions in the legal profession in Europe and the practical aspects of being able to practise in other Member States.
(source: Nielsen Book Data)

• Right of establishment and freedom to provide services for lawyers
• Higher National Diploma provisions
• comparison of national qualifying rules
• implementation of the Community provisions and the practical effects for lawyers wishing to practise the national law of another jurisdiction
• setting up office in another member state
• the future of legal practice in Europe and regulation by the Community. Appendices: texts of relevant legislative provisions and judicial decisions.
• (source: Nielsen Book Data)

A detailed look at the legal profession, its structure, qualifications, establishment of offices and rights of practice across Europe.
(source: Nielsen Book Data)

• The application of Article 85(1) and Commission policy in respect of agreements common to the air transport sector. The application of the EC Merger Regulation to the air transport sector. Block exemption in the air transport sector and computer reservation systems. Bilateral air transport agreements. The application of Article 86 concerning the abuse of a dominant position by an air carrier or a provider of airport services. Case law of the Community courts and the practice of the Commission in applying EC competition law to travel agents. EC rules on state aid and state intervention.
• (source: Nielsen Book Data)

This book considers the whole of EC competition law as it affects EC air transport services. It not only looks at the specific rules governing the application of the EC competition rules to the air transport sector, but also examines the regulatory context in which they operate. To give you the full picture, it also contains the texts of twelve key Regulations. * A practical guide to the competition rules as they apply to the air transport sector * Commentary on legislation, case law, regulatory practice and policy * Written by a lawyer with extensive experience of representing clients before the Commission.
(source: Nielsen Book Data)

• The European insolvency regulation
• Examining the paradigm of forum shopping
• Recast of the European insolvency regulation
• Approach to cross-border insolvency
• Hypothesis.

• Introduction,
• 1. Brief History of Drones,
• 2. Elements of Privacy Invasion,
• 3. Visual Privacy,
• 4. The Fundamental Dimensions of Visual Privacy,
• 5. The Solutions, Conclusion, Index.
• (source: Nielsen Book Data)

This book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual's consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
(source: Nielsen Book Data)

• Part 1. From Linear to Circular Economy. The Impact of Environmental Legislation on Waste Management
• Chapter 1 - The Transition from Linear to Circular Economy. The Case of Waste in European and Italian Environmental Legislation
• Chapter 2. From European Legislation to its Implementation in Italy between Past and Present
• Chapter 3. The Transition from Linear to Circular Economy Induced by Waste Management Legislation. A Shift-and-Share Analysis of European Countries and Italian Macro-Areas
• Part 2. Convergence or Divergence from the Circular Economy Objectives. What are the Causes?
• Chapter 4. The Integrated Waste Cycle in Italy and EU Countries
• Chapter 5. Convergence or Divergence in Waste Treatment Methods? The Impact of Waste Management Legislation in the Transition to the Circular Economy Model.

Waste management is a topical issue worldwide. In recent years, several requests have been made by citizens and associations to political decision-makers regarding the need for a significant improvement in waste management methods. Particularly considering the significant increase in awareness of social and environmental impacts and the economic consequences of non-virtuous waste management. There is growing attention on legislation and regulation's role in the waste sector. Regulation can help companies and citizens achieve a faster, more effective, and more efficient transition from a linear economy, based on the take-make-dispose paradigm, to a circular economy, in which the potential of waste as resources and secondary raw materials is exploited. This book is set in the wake of economic literature that tackles the transition from the linear to the circular economy. It focuses on the downstream stages of the waste management process (i.e. the waste treatment phase). In this regard, it is proposed a journey through the history of European waste legislation to study the waste sector's transition dynamics from a selfish and no longer sustainable economic model based on rampant consumerism to a far-sighted sustainable model addressing the well-being of future generations. Studying the changes in European waste regulations leads us to ask ourselves the following questions: how has waste collection changed in recent years? What are the new regulatory challenges that must be addressed to achieve the objectives of a circular economy? How successful has the EU legislation been in fostering the transition from a linear to a circular economy? Finally, has the European environmental legislation sprung a convergence process among European countries towards the circular economy, or has the definition of targets fuelled the already marked differences between EU countries?

• PART I MINORITY PROTECTION: AN OVERVIEW
• CHAPTER 1: Introduction
• CHAPTER 2: International Standard-Setting: 'Minority' and 'Minority Rights'
• CHAPTER 3: The EU: Context and Legal Order
• CHAPTER 4: The EU's Legal Framework: Interpretative Provisions and Principles
• CHAPTER 5: The EU's Legal Framework: Competence Provisions PART II MINORITY RIGHTS: CASE STUDIES
• CHAPTER 6: EU Law and Minority Cultural Rights
• CHAPTER 7: EU Law and Minority Linguistic Rights PART III MINORITY GROUP: A CASE STUDY
• CHAPTER 8: EU Law and the Minority Rights of Roma
• CHAPTER 9: Conclusion.
• (source: Nielsen Book Data)

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
(source: Nielsen Book Data)

• Einleitung
• Die Hintergründe der europäischen Auslandsinvestitionspolitik
• Kompetenz der Union für ein Investitionsabkommen mit Investor-Staat-Schiedsverfahren und Bindung der Union
• Vereinbarkeit des Investor-Staat-Schiedsverfahrens mit der Autonomie der Unionsrechtsordnung
• Ausgestaltung eines Investor-Staat-Schiedsverfahren der Union
• Haftung von Union und Mitgliedstaaten in Investor-Staat-Schiedsverfahren
• Zusammenfassung der wesentlichen Ergebnisse der Arbeit.

• Introduction
• L'objectivisation organique du contrôle non juridictionnel
• L'objectivisation procédurale du contrôle non juridictionnel
• La modération au stade du constat d'inexécution
• La modération au stade de la réaction à l'inexécution constantée
• Le suivi au service de l'effectivité substantielle des droits de l'homme
• Conclusion generale.