Book | 1st edition 2016 | Belgium | Olivier Caprasse, Kristof Cox, Filip De Ly, Bart Groen, Bernard Hanotiau, Gerard Meijer, M. Melanie, Vera Van Houtte, Sophia von Dewall
This study provides a unique insight into the world of conflicts of interest. The case studies have as a backdrop Belgian and Dutch legislation. Experiences and practices beyond these two countries are also highlighted.
This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.
Book | 1st edition 2019 | United Kingdom | Piet van Kempen, Manon Jendly
The criminal justice system encompasses the most severe instrument at the state's disposal in times of peace. For this and many other reasons, overuse of that system is a serious matter. Containing an extensive collection of expert knowledge, this volume intends to expose legal possibilities, good practices and the many challenges that lie ahead when attempting to prevent overuse in the criminal justice system.
A Comprehensive Study of the Systems of Parliamentary Immunity in the United Kingdom, France, and the Netherlands in a European Context
Book | 1st edition 2013 | United Kingdom | Sascha Hardt
Is it necessary and just that parliamentarians are immune from legal action? If so, to what extent is such immunity justified and which purpose does it serve? These questions touch the very core of constitutional law. This book contains a comprehensive study of parliamentary immunity in the United Kingdom, France and the Netherlands.
Book | 1st edition 2016 | Europe | Gautier Busschaert
Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.
Choice of Court and Choice of Law in Family Matters and Succession
Book | 1st edition 2021 | World | Jacqueline Gray
This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.
Book | 1st edition 2012 | United Kingdom | Petra Ebermann
The protection of the knowledge and practises of local and indigenous groups has been discussed in various forums in recent times. International agreements such as the Convention on Biological Diversity address the importance of protecting traditional knowledge and practises, This book examines traditional knowledge protection in the area of traditional medical knowledge, often utilised in contemporary medicine, and consequently subject to patent protection. It provides a comparative view of the current patent regimes in major economies, specifically the US and the EU, and the consequences of the application of these laws to traditional medical knowledge and follow-on innovation, as well as the impact on underlying economic principles and opposing interests.
Book | 1st edition 2018 | World | Judith Gifreu Font, Jacqueline Morand-Deviller
This book intends to address the instruments and techniques of heritage protection and its formulas in Spain and other countries, in order to obtain an adequate comparative vision.
Book | 1st edition 2003 | Europe | Katharina Boele-Woelki
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Book | 1st edition 2023 | United Kingdom | Jacqueline Heaton, Aida Kemelmajer
This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.
Book | 1st edition 2023 | United Kingdom | Laurence Burgorgue-Larsen
This book provides an understanding of how States around the world, whether in the Global North or the Global South, deal with and organize the religious, ethnic, cultural and linguistic diversity within them and how, in the same vein, they deal with the plurality of opinions and legal systems.
Book | 1st edition 2019 | United Kingdom | Katharina Boele-Woelki, Dieter Martiny
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts.
Between Constitutional Imagination, Normative Entrenchment and Political Reality
Book | 1st edition 2021 | United Kingdom | Martin Belov
This book examines the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.
This volume deals with the complicated relationship between posting of workers in the EU and collective labour law. It does so from a legal perspective but the author does not refrain from looking at the economic and social context in order to better understand the legal construction of said relationship.
The book gives a holistic view of the various European financial passports as well as the development of the concept of financial passport outside of the E.U.
Human rights, criminal procedural law and penitentiary law, comparative law
Book | 1st edition 2012 | United Kingdom | Piet van Kempen, Piet Hein van Kempen
Although no adequately functioning criminal justice system can presently do entirely without detaining any suspects, pre-trial detention remains problematic in the context of human rights, the detainee’s family and society. This volume offers a wide variety of topics that are relevant to pre-trial detention: developments that affect the application of pre-trial detention; relevant international and national human rights standards as well as monitoring systems; pre-trial detention of specific groups, and alternatives to pre-trial detention.
The book focuses on the collaboration between the Court of Justice of the EU and the national judges for the protection of the rights that individuals derive from EU law. It deals with the question of access to justice for individuals in the EU.
Premature obsolescence means that products do not last as long as they should or could. This book addresses the central question how EU and national legal rules currently tackle premature obsolescence and how the legal framework could be improved.
Book | 1st edition 2020 | United Kingdom | Israel Gilead, Bjarte Askeland
Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
