european law on unfair commercial practices and contract law modern studies in european law

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European Law On Unfair Commercial Practices And Contract Law

Author : Mateja Djurovic
ISBN : 9781782258124
Genre : Law
File Size : 52. 2 MB
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The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.

Eu Liability And International Economic Law

Author : Armin Steinbach
ISBN : 9781509901609
Genre : Law
File Size : 23. 97 MB
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The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.

Human Rights Between Law And Politics

Author : Petr Agha
ISBN : 9781509902811
Genre : Law
File Size : 22. 81 MB
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This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.

Republican Europe

Author : Anna Kocharov
ISBN : 9781509910762
Genre : Law
File Size : 61. 48 MB
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Constitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.

The Eu And Nanotechnologies

Author : Tanja Ehnert
ISBN : 9781509908516
Genre : Law
File Size : 29. 18 MB
Format : PDF
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This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Family Reunification In The Eu

Author : Chiara Berneri
ISBN : 9781509904808
Genre : Law
File Size : 56. 76 MB
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This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States.

Reconceptualising European Equality Law

Author : Johanna Croon-Gestefeld
ISBN : 9781509909698
Genre : Law
File Size : 65. 10 MB
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This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

European Standardisation Of Services And Its Impact On Private Law

Author : Barend van Leeuwen
ISBN : 9781509908349
Genre : Law
File Size : 49. 49 MB
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With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

Law Of Contract 2007 2008

Author : Adrian Chandler
ISBN : 0199299552
Genre : Law
File Size : 72. 58 MB
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Modern contract law increasingly demands the analysis and application of sophisticated concepts which students often find difficult to grasp. The ideal study aid, Q&A Law of Contract gives students the opportunity to practice their exam techniques and evaluate and assess their progress. The book is divided into chapters covering each major topic on law courses, and contains approximately fifty questions and answers designed to test even the best prepared student. Each chapter contains an introduction focusing on important legal aspects, and diagrams are used to illustrate processes and procedures. After every question there is a commentary highlighting key points, followed by bullet-pointed answer plans, and finally a model answer. The authors discuss the most effective techniques for writing examination answers and tackling legal problems, showing exactly what the examiners are looking for. This sixth edition has been substantially modified to take account of new case-law on the Unfair Terms in Consumer Contracts Regulations 1999, the Law Commission Draft Bill on Unfair Terms in Contracts, and the new EU Regulation on Unfair Commercial Practices (No. 2006/2004) concerning unfair business-to-consumer practices. Moreover, the general updating of chapters includes the recent comments of the House of Lords on remoteness in Jackson and another v Royal Bank of Scotland, the helpful guidance given by the Court of Appeal in Murray v Leisureplay on distinguishing penalty clauses from liquidated damages clauses, and the continuing stream of cases on third party undue influence. Online resource centre Q&A Law of Contract is accompanied by an Online Resource Centre providing annotated web links and a glossary of terms from the Dictionary of Law.

Martindale Hubbell International Law Directory

Author :
ISBN : IND:30000064483740
Genre : Lawyers
File Size : 21. 35 MB
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