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.
Book | 1st edition 2017 | Europe | Agustí Cerrillo i Martínez, Juli Ponce
The book highlights the possibilities and the limits of Administrative law to improve the fight against corruption and to promote good government and public integrity.
Book | 1st edition 2017 | United Kingdom | Xiaowei Yu
Preventing Medical Malpractice and Compensating Victimised Patients in China is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective.
Book | 1st edition 2015 | United Kingdom | Mehdi Piri Damagh
This book contains the latest update of international and regional instruments with respect to prevention and compensation of transboundary damage caused by pipelines.
The value of rehabilitation and the management of high risk offenders
Book | 1st edition 2014 | United Kingdom | Piet van Kempen, Warren Young
The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. This volume therefore first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax-payer, prison staff and administration and victims, as well as from a criminological viewpoint.
Book | 1st edition 2017 | United Kingdom | Reinhard Bork
Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.
Book | 1st edition 2017 | Europe | Gemma Fajardo-García, Antonio Fici, Hagen Henrÿ, David Hiez, Deolinda A. Meira, Hans-H. Muenker, Ian Snaith
The Principles of European Cooperative Law (PECOL) focus on the ‘ideal’ legal identity of cooperatives. Drafted by a team of legal scholars, the PECOL aim to describe the common core of European cooperative law.
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
Book | 1st edition 2007 | Europe | Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny, Walter Pintens
In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.
Book | 1st edition 2013 | Europe | Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny, Walter Pintens
This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.
A comparative study on the normative functions of the institution in a modern constitutional state with a focus on Peru
Book | 1st edition 2019 | United Kingdom | Alberto Castro
This book determines the extent to which, through the performance of (indirect) normative functions and the application of principles of good governance as assessment standards, the ombudsman institution can contribute to improving the legal quality of the government while enhancing the legitimacy of the administration and the democratic system as a whole.
Moving Beyond the Individual in the Age of Big Data
Book | 1st edition 2017 | United Kingdom | Bart van der Sloot
Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance.
Book | 1st edition 2019 | United Kingdom | Marcin Betkier
The book draws a novel approach to data privacy (or data protection) regulations by presenting a solution to the problem of lack of individual control over personal data. It combines economic, technical, and legal perspectives to show how to reinforce individual autonomy and, at the same time, to increase the competitiveness of data economy.
The book offers a description of the current state of play and a critical analysis of the late reforms designed to facilitate private enforcement of competition law in the European Union. It includes comparative aspects and transversal themes.