EU Consumer Law and Human Rights by Iris Benohr

EU Consumer Law and Human Rights
  • Title : EU Consumer Law and Human Rights
  • Author : Iris Benohr
  • Publisher : Oxford University Press
  • ISBN Code : 0199651973
  • Pages : 239
  • Format : Pdf - ePub
  • Language : English
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Summary:

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.


EU Consumer Law and Policy by Stephen Weatherill

EU Consumer Law and Policy
  • Title : EU Consumer Law and Policy
  • Author : Stephen Weatherill
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 0857936980
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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Summary:

Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.


European Consumer Protection by James Devenney,Mel Kenny

European Consumer Protection
  • Title : European Consumer Protection
  • Author : James Devenney,Mel Kenny
  • Publisher : Cambridge University Press
  • ISBN Code : 1107013011
  • Pages : 462
  • Format : Pdf - ePub
  • Language : English
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Summary:

This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.


Handbook of Research on International Consumer Law, Second Edition by Geraint Howells,Iain Ramsay

Handbook of Research on International Consumer Law, Second Edition
  • Title : Handbook of Research on International Consumer Law, Second Edition
  • Author : Geraint Howells,Iain Ramsay
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1785368214
  • Pages : 528
  • Format : Pdf - ePub
  • Language : English
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Summary:

Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.


Understanding EU Consumer Law by Hans-W. Micklitz,Norbert Reich,Peter Rott

Understanding EU Consumer Law
  • Title : Understanding EU Consumer Law
  • Author : Hans-W. Micklitz,Norbert Reich,Peter Rott
  • Publisher : Intersentia Uitgevers N V
  • ISBN Code : 9789050957762
  • Pages : 378
  • Format : Pdf - ePub
  • Language : English
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Summary:

"Consumer law now constitutes a separate subject matter which the authors Hans-W. Micklitz and Norbert Reich tried to analyse in ... the fourth German edition of 'Europäisches Verbraucherrecht' of 2003... For the English edition, the authors, in cooperation with the publisher, decided to prepare a comprehensive version which we call 'Understanding European Consumer Law'..."--P. v.


Business and Human Rights by Dalia Palombo

Business and Human Rights
  • Title : Business and Human Rights
  • Author : Dalia Palombo
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1509928049
  • Pages : 304
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.


New Technologies and Human Rights by Norberto Nuno Gomes de Andrade,Lúcio Tomé Féteira

New Technologies and Human Rights
  • Title : New Technologies and Human Rights
  • Author : Norberto Nuno Gomes de Andrade,Lúcio Tomé Féteira
  • Publisher : Routledge
  • ISBN Code : 1317087917
  • Pages : 352
  • Format : Pdf - ePub
  • Language : English
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Summary:

Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.


The Politics of Justice in European Private Law by Hans-W Micklitz

The Politics of Justice in European Private Law
  • Title : The Politics of Justice in European Private Law
  • Author : Hans-W Micklitz
  • Publisher : Cambridge University Press
  • ISBN Code : 1108424120
  • Pages : 300
  • Format : Pdf - ePub
  • Language : English
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Summary:

Compares national concepts of social justice with the developing European concept of access justice.


The Impact of European Institutions on the Rule of Law and Democracy by Matej Avbelj,Jernej Letnar Cernic

The Impact of European Institutions on the Rule of Law and Democracy
  • Title : The Impact of European Institutions on the Rule of Law and Democracy
  • Author : Matej Avbelj,Jernej Letnar Cernic
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1509915044
  • Pages : 320
  • Format : Pdf - ePub
  • Language : English
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Summary:

Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.


Environmental Protection, Law and Policy by Jane Holder,Maria Lee

Environmental Protection, Law and Policy
  • Title : Environmental Protection, Law and Policy
  • Author : Jane Holder,Maria Lee
  • Publisher : Cambridge University Press
  • ISBN Code : 9781139463386
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

This 2007 book examines environmental law from a range of perspectives, emphasising the policy world from which environmental law is drawn and nourished. Those working within the discipline of environmental law need to engage with concepts and methods employed by disciplines other than law. The authors analyse the ways in which legal activities are supported and legitimated by work in traditional scientific or technical domains, as well as by certain more obscure but also influential cultural or philosophical assumptions. A range of regulatory techniques is explored in this book, through a close examination of both pollution control and land use. The highly complex nature of current environmental problems, demanding sophisticated and responsive legal controls, is illustrated by several in-depth case studies, including legal and policy analysis of the highly contested issues of genetically modified organisms and renewable energy projects.


Handbook of Research on International Consumer Law by Geraint G. Howells,I. Ramsay,Thomas Wilhelmsson

Handbook of Research on International Consumer Law
  • Title : Handbook of Research on International Consumer Law
  • Author : Geraint G. Howells,I. Ramsay,Thomas Wilhelmsson
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1849806314
  • Pages : 608
  • Format : Pdf - ePub
  • Language : English
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Summary:

This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.


The Images of the Consumer in EU Law by Dorota Leczykiewicz,Stephen Weatherill

The Images of the Consumer in EU Law
  • Title : The Images of the Consumer in EU Law
  • Author : Dorota Leczykiewicz,Stephen Weatherill
  • Publisher : Hart Publishing
  • ISBN Code : 9781509921171
  • Pages : 488
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.


Implementing EU Consumer Rights by National Procedural Law by Burkhard Hess,Stephanie Law

Implementing EU Consumer Rights by National Procedural Law
  • Title : Implementing EU Consumer Rights by National Procedural Law
  • Author : Burkhard Hess,Stephanie Law
  • Publisher : Beck/Hart
  • ISBN Code : 9781509932399
  • Pages : 512
  • Format : Pdf - ePub
  • Language : English
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Summary:

EU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law. Alongside Impediments of National Procedural Law to the Free Movement of Judgments: Luxembourg Report on European Procedural Law Volume I, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law. This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural laws on the effectiveness of EU consumer protection.


European Consumer Law (Paperback) by NORBERT. REICH,Klaus Tonner

European Consumer Law (Paperback)
  • Title : European Consumer Law (Paperback)
  • Author : NORBERT. REICH,Klaus Tonner
  • Publisher : Intersentia
  • ISBN Code : 9781780684598
  • Pages : 422
  • Format : Pdf - ePub
  • Language : English
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Summary:

Now available in paperback! European consumer law is the core of European civil law. In recent years, it has been subject to spectacular decisions by the Court of Justice of the European Union (CJEU), with significant consequences for Member States' law. This thoroughly updated second edition follows and analyzes this process in such important areas as unfair commercial practices, unfair terms, cross-border consumer protection, and product liability. The very concept of consumer and consumer protection has been subject to intense debate. Does European law limit itself to the 'informed consumer standard, ' or should the 'weaker' or even the 'vulnerable consumer standard' be given more attention? There has been legislation in the area of consumer rights in distance and off-premise contracts and, very recently, consumer alternative dispute resolution and online dispute resolution. Other projects are still in the pipeline, e.g. mortgage credit, while other projects are subject to heated controversy, namely the proposed optional Common European Sales Law, which will affect consumer law. The original team of authors-Hans W.-Micklitz, Norbert Reich, and Peter Rott-have been strengthened by the addition of Klaus Tonner. They have worked together to take a broad horizontal approach to the European consumer law acquis, thereby reflecting on the history, achievements, recent trends, and shortcomings of European law in this important field of law. The change from 'minimum' to 'full' or 'targeted harmonization' is critically analyzed, and the central role of the CJEU is documented and emphasized. (Series: Ius Communitatis, Vol. 5) [Subject: European Law, Consumer Law, Civil Law


Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by Madalina Moraru,Galina Cornelisse,Philippe De Bruycker

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
  • Title : Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
  • Author : Madalina Moraru,Galina Cornelisse,Philippe De Bruycker
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1509922970
  • Pages : 528
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.


Tenancy Law and Housing Policy in Europe by Christoph U. Schmid

Tenancy Law and Housing Policy in Europe
  • Title : Tenancy Law and Housing Policy in Europe
  • Author : Christoph U. Schmid
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1788113985
  • Pages : 384
  • Format : Pdf - ePub
  • Language : English
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Summary:

Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.


Consumer Protection in a Circular Economy by Bert Keirsbilck,Evelyne Terryn

Consumer Protection in a Circular Economy
  • Title : Consumer Protection in a Circular Economy
  • Author : Bert Keirsbilck,Evelyne Terryn
  • Publisher : Consumer, Competition and Market Series - CCM
  • ISBN Code : 9781780686578
  • Pages : 347
  • Format : Pdf - ePub
  • Language : English
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Summary:

In recent years, policy makers at various levels have discovered the concept of a circular economy and as a result, are increasingly proposing strategies and legal instruments to support the transition from a linear economy towards a more circular economy. This book explores the concept of a circular economy from both a legal and an interdisciplinary perspective. It provides an in-depth analysis of the initiatives taken at EU level and in several EU Member States (including Belgium, France, Germany, the Netherlands, Spain, Slovenia and the Scandinavian countries), both with regard to movables and immovables and in the various stages of the value chain. 'Consumer Protection in a Circular Economy' provides the reader with an examination of the most pressing issues in consumer protection today.


A Companion to European Union Law and International Law by Dennis Patterson,Anna Södersten

A Companion to European Union Law and International Law
  • Title : A Companion to European Union Law and International Law
  • Author : Dennis Patterson,Anna Södersten
  • Publisher : John Wiley & Sons
  • ISBN Code : 0470674393
  • Pages : 632
  • Format : Pdf - ePub
  • Language : English
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Summary:

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others


The Accession of the European Union to the European Convention on Human Rights by Paul Gragl

The Accession of the European Union to the European Convention on Human Rights
  • Title : The Accession of the European Union to the European Convention on Human Rights
  • Author : Paul Gragl
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1782251642
  • Pages : 362
  • Format : Pdf - ePub
  • Language : English
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Summary:

After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.


The Collaborative Economy and EU Law by Vassilis Hatzopoulos

The Collaborative Economy and EU Law
  • Title : The Collaborative Economy and EU Law
  • Author : Vassilis Hatzopoulos
  • Publisher : Hart Publishing
  • ISBN Code : 9781509939619
  • Pages : 320
  • Format : Pdf - ePub
  • Language : English
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Summary:

'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application – or indeed inadequacy – of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.


EU Environmental Law and the Internal Market by Nicolas de Sadeleer

EU Environmental Law and the Internal Market
  • Title : EU Environmental Law and the Internal Market
  • Author : Nicolas de Sadeleer
  • Publisher : Oxford University Press
  • ISBN Code : 0199675430
  • Pages : 499
  • Format : Pdf - ePub
  • Language : English
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Summary:

A robust, exhaustive, and systematic legal analysis of the conflicts opposing integration of internal market and free competition rules with the environmental protection rules, including climate change rules, taken at an EU and national level.


The Eurosceptic Challenge by Clara Rauchegger,Anna Wallerman

The Eurosceptic Challenge
  • Title : The Eurosceptic Challenge
  • Author : Clara Rauchegger,Anna Wallerman
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1509927670
  • Pages : 280
  • Format : Pdf - ePub
  • Language : English
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Summary:

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States? This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States. Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.


The Functional Field of Food Law by Altinay Urazbaeva,Anna Szajkowska,Bart Wernaart,Nikolaas Tilkin Franssens,Rozita Spriovska Vaskoska

The Functional Field of Food Law
  • Title : The Functional Field of Food Law
  • Author : Altinay Urazbaeva,Anna Szajkowska,Bart Wernaart,Nikolaas Tilkin Franssens,Rozita Spriovska Vaskoska
  • Publisher :
  • ISBN Code : 9789086863341
  • Pages : 473
  • Format : Pdf - ePub
  • Language : English
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Summary:


Legal Risks in EU Law by Emilia Mišćenić,Aurélien Raccah

Legal Risks in EU Law
  • Title : Legal Risks in EU Law
  • Author : Emilia Mišćenić,Aurélien Raccah
  • Publisher : Springer
  • ISBN Code : 3319285963
  • Pages : 256
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.


National Human Rights Institutions in Europe by Jan Wouters,Katrien Meuwissen

National Human Rights Institutions in Europe
  • Title : National Human Rights Institutions in Europe
  • Author : Jan Wouters,Katrien Meuwissen
  • Publisher : Intersentia Uitgevers N V
  • ISBN Code : 9781780681146
  • Pages : 250
  • Format : Pdf - ePub
  • Language : English
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Summary:

Over the past 20 years, National Human Rights Institutions (NHRIs) have moved from the periphery to the center of the human rights debate. The potential of NHRIs is increasingly recognized to transmit and implement international norms at the domestic level and to transfer human rights expertise to regional and global human rights fora. In Europe, the continent with the widest variety and density of human rights protection mechanisms, NHRIs are also gradually gaining recognition as actors that can enable more comprehensive and effective human rights promotion and protection. This book, the result of a COST conference held in Leuven in April 2012, focuses on the functioning and role of NHRIs in Europe in a comparative, European, and international perspective. At a time when the European Union is looking for a more coherent and strategic human rights policy, it is important that policy makers and academics pay more attention to the potential role of NHRIs. By bringing together contributions from academics and practitioners, this volume offers insights into the opportunities and challenges that accompany the increasing emergence of NHRIs in Europe and their proliferation on the multiple levels of human rights promotion and protection. Accordingly, the book informs and further triggers the NHRI debate in Europe.


The EU, World Trade Law and the Right to Food by Giovanni Gruni

The EU, World Trade Law and the Right to Food
  • Title : The EU, World Trade Law and the Right to Food
  • Author : Giovanni Gruni
  • Publisher : Hart Publishing
  • ISBN Code : 9781509943746
  • Pages : 224
  • Format : Pdf - ePub
  • Language : English
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Summary:

In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.


EU Internet Law by Tatiana-Eleni Synodinou,Philippe Jougleux,Christiana Markou,Thalia Prastitou

EU Internet Law
  • Title : EU Internet Law
  • Author : Tatiana-Eleni Synodinou,Philippe Jougleux,Christiana Markou,Thalia Prastitou
  • Publisher : Springer
  • ISBN Code : 9783319879109
  • Pages : 433
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.


European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti

European Union Law
  • Title : European Union Law
  • Author : Damian Chalmers,Gareth Davies,Giorgio Monti
  • Publisher : Cambridge University Press
  • ISBN Code : 1139487884
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.


Balancing Human Rights, Environmental Protection and International Trade by Emily Reid

Balancing Human Rights, Environmental Protection and International Trade
  • Title : Balancing Human Rights, Environmental Protection and International Trade
  • Author : Emily Reid
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1782252525
  • Pages : 272
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.


Human rights and a changing media landscape by Council of Europe

Human rights and a changing media landscape
  • Title : Human rights and a changing media landscape
  • Author : Council of Europe
  • Publisher : Council of Europe
  • ISBN Code : 9287177759
  • Pages : 208
  • Format : Pdf - ePub
  • Language : English
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Summary:

The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups.Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined.The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.


Consumer Protection and the Criminal Law by Peter Cartwright

Consumer Protection and the Criminal Law
  • Title : Consumer Protection and the Criminal Law
  • Author : Peter Cartwright
  • Publisher : Cambridge University Press
  • ISBN Code : 9781139429344
  • Pages : 253
  • Format : Pdf - ePub
  • Language : English
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Summary:

The nature of criminal law doctrines such as strict, corporate, and vicarious liability, and suggests that such doctrines require re-evaluation in the light of the reality of the corporate entity. This study will be of interest to academics, undergraduate and post-graduate students and practitioners.inciples of each device's operation and presents a block circuit diagram. Next he analyzes these 'real world' circuits in detail, and, finally, he discusses the present state-of-the-art. This approach will help to integrate the many different aspects of an electrical engineer's course work, from physical optics to digital signal processing, as never before. Very accessible and containing over 350 illustrations and many exercises.


Landmark Cases of EU Consumer Law by Evelyne Terryn,Gert Straetmans,Veerle Colaert

Landmark Cases of EU Consumer Law
  • Title : Landmark Cases of EU Consumer Law
  • Author : Evelyne Terryn,Gert Straetmans,Veerle Colaert
  • Publisher : Intersentia Uitgevers N V
  • ISBN Code : 9781780681856
  • Pages : 779
  • Format : Pdf - ePub
  • Language : English
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Summary:

This unique festschrift - in honor of Prof. Dr. Jules Stuyck - tells the story of the coming of age of EU consumer law, a legal domain that hasn't ceased to expand in depth and scope during the last 20 years. The contributions offer ample food for thought about the challenges awaiting consumer law in the years to come. Without exception, the selected cases presented are landmark decisions. The book approached the cases from a novel and personal perspective, sometimes colored by the contributors' particular backgrounds, concerns, and interest. Very often, the cases have been used as a point of departure to highlight certain developments in EU and/or national consumer law.


Human Rights Law and Regulating Freedom of Expression in New Media by Mart Susi

Human Rights Law and Regulating Freedom of Expression in New Media
  • Title : Human Rights Law and Regulating Freedom of Expression in New Media
  • Author : Mart Susi
  • Publisher : Routledge
  • ISBN Code : 9780367893804
  • Pages : 210
  • Format : Pdf - ePub
  • Language : English
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Summary:

The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.


Consumer Protection and Online Auction Platforms by Dr Christine Riefa

Consumer Protection and Online Auction Platforms
  • Title : Consumer Protection and Online Auction Platforms
  • Author : Dr Christine Riefa
  • Publisher : Ashgate Publishing, Ltd.
  • ISBN Code : 0754677109
  • Pages : 272
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book explores the legal classification of online auction sites across a range of countries in Europe. The research focusses on the protection of consumers’ economic rights and highlights the shortcomings that the law struggles to control. The study includes empirical studies conducted on 28 online auction websites in the UK, and provides insights into how technical measures as well as a tighter legislative framework could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves. .


WHO Resource Book on Mental Health, Human Rights and Legislation by Melvyn Freeman,Soumitra Pathare,World Health Organization

WHO Resource Book on Mental Health, Human Rights and Legislation
  • Title : WHO Resource Book on Mental Health, Human Rights and Legislation
  • Author : Melvyn Freeman,Soumitra Pathare,World Health Organization
  • Publisher : World Health Organization
  • ISBN Code : 9789241562829
  • Pages : 181
  • Format : Pdf - ePub
  • Language : English
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Summary:

This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.


New Frontiers of Consumer Protection by Fabrizio Cafaggi,Hans-W. Micklitz

New Frontiers of Consumer Protection
  • Title : New Frontiers of Consumer Protection
  • Author : Fabrizio Cafaggi,Hans-W. Micklitz
  • Publisher : Intersentia Uitgevers N V
  • ISBN Code :
  • Pages : 451
  • Format : Pdf - ePub
  • Language : English
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Summary:

Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.


ICT Law and Internationalisation:A Survey of Government Views by Bert-Jaap Koops,Corien Prins,Hielke Hijmans

ICT Law and Internationalisation:A Survey of Government Views
  • Title : ICT Law and Internationalisation:A Survey of Government Views
  • Author : Bert-Jaap Koops,Corien Prins,Hielke Hijmans
  • Publisher : Kluwer Law International B.V.
  • ISBN Code : 9041115056
  • Pages : 212
  • Format : Pdf - ePub
  • Language : English
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Summary:

Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalisation. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? How can one enforce national rules in a world where acts take place somewhere' in Cyberspace? This book presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonisation, international cooperation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalisation. This volume shows to what extent governments are meeting this challenge.


European Contract Law and the Digital Single Market by Alberto De Franceschi

European Contract Law and the Digital Single Market
  • Title : European Contract Law and the Digital Single Market
  • Author : Alberto De Franceschi
  • Publisher :
  • ISBN Code : 9781780684222
  • Pages : 266
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book offers an edited collection consisting of contributions by leading scholars, addressing the impact of digital technology on European Private Law in light of the latest legislative developments as well as the European Commission's proposals of 9 December 2015. The book analyses issues in the field of contract, data protection, copyright and private international law. Written for both scholars and practitioners, this edited collection provides clear answers to the challenges posed by the digital revolution and acts as a solid basis for further developments of EU law.


The Interface Between EU and International Law by Inge Govaere,Sacha Garben

The Interface Between EU and International Law
  • Title : The Interface Between EU and International Law
  • Author : Inge Govaere,Sacha Garben
  • Publisher : Hart Publishing
  • ISBN Code : 9781509946105
  • Pages : 368
  • Format : Pdf - ePub
  • Language : English
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Summary:

Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.


Sexuality and Transsexuality Under the European Convention on Human Rights by Damian A. Gonzalez Salzberg

Sexuality and Transsexuality Under the European Convention on Human Rights
  • Title : Sexuality and Transsexuality Under the European Convention on Human Rights
  • Author : Damian A. Gonzalez Salzberg
  • Publisher : Hart Publishing
  • ISBN Code : 9781509945306
  • Pages : 248
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.