European law 210 results

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. This book studies these new international commercial courts from a comparative perspective and examines their role in cross-border litigation.

 

This book studies the phenomenon of "jurisdictionalisation", the trial model penetrating all Compliance Law. New Judges intervene, such Arbitrators, or Supreme Courts, while Enterprises themselves become judges.

Across the globe, criminal justice systems face similar challenges, yet their solutions to these obstacles might differ. This book introduces the most salient aspects of criminal procedure from a comparative perspective.

What constitutes a “family” in Europe? The answer to this question is constantly changing and increasingly varied. This book addresses areas of family law where developments have been particularly salient and have, at times, created fissures between European States. It also suggests ways of addressing and overcoming these divergences.

This book addresses the most topical issues related to climate change litigation in Europe. It unpacks the substantive and procedural dimensions of ongoing climate change litigation before domestic and supranational courts and the prospective avenues for future climate change litigation. 

Cet ouvrage permet de comprendre les modalités et difficultés juridiques de l’ouverture à la concurrence du transport ferroviaire de voyageurs en Europe. Il réunit, particularité rare, les analyses d’universitaires, d’opérateurs, de régulateurs et de juges.

Le travail frontalier est devenu au sein des territoires frontaliers en Europe, un important phénomène économique, social et humain dont cet ouvrage souhaite questionner les caractéristiques territoriales.

Trente ans après sa consécration, le statut de citoyen européen a-t-il tenu ses promesses ? À visée académique, l’ouvrage procède à une analyse critique des acquis, des évolutions et des enjeux actuels de la citoyenneté de l’Union européenne.

This book comprises an in-depth comparative law study on the meaning of tort law and procedural law in mass harm cases in Europe, examining this phenomenon in the context of 12 different case studies in 12 European jurisdictions and including four general contributions on mass harm cases.

20 years after the 1999 EU sales law harmonization an extensive and future oriented reform has occurred with the 2019 Sale of Goods Directive. The reform infused features of durability, sustainability and digitalisation into classical sales law, transforming the contract into a long-term relationship, also forcing an adaptation of distribution networks.

The European Journal of Human Rights reports systematically on developments related to human rights within the United Nations and the International Labour Organisation, within the Council of Europe and the European Union.

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.

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

The book includes the papers drafted by the authors who took part as speakers in the XV Treviso Antitrust Conference, regarding the most salient and current issues in the antitrust field, at international, EU and national level.

Europe is under attack. Populism and nationalism are rampant, the United Kingdom has left the European Union and public confidence in Europe is waning. How should it move forward? With that question, the author takes the reader behind the scenes, offering unique, personal insights and positive solutions to address these issues, whilst also encouraging readers to develop their own vision of Europe and its future.

Member States of the European Union have suggested resorting to the extraterritorial processing of asylum claims and resettlement as alternatives to the spontaneous arrival of refugees/asylum seekers at their borders. Yet there exists no consensus about the definition, operation, and implications of these policies. Central to the currently prevailing uncertainty is the effect of extraterritoriality, both in terms of legal and ethical obligations owed to those who are geographically distant from a particular state border. This book seeks to contribute to the discussion on extraterritorial processing and resettlement by considering their implications. It does so by using a mixed methodology, comprising of legal analysis and ethical reasoning, in order to appraise the legality and legitimacy of these policies. The structure of leaving, entering, and remaining is employed to consider the right to leave, non-refoulement, the ability to receive protection in an EU Member State, and their interaction with the extraterritorial context. Scholars researching alternatives to the spontaneous arrival of asylum seekers will find this book particularly relevant, as well as those studying the protection of human rights in the extraterritorial context more generally. Finally, the book also provides insights for policy-makers exploring novel pathways to complement existing asylum systems.

This book investigates the practice of profiling using Big Data Analytics, with the main focus on the interplay between the European Union General Data Protection Regulation (GDPR) and the European Union Unfair Commercial Practice Directive (UCPD). This book is an interdisciplinary study of profiling as a technological tool, and of its legal framework, including comparative analysis of the case law on personal data processing.

What has been achieved in legislating Company law in Europe? What has been implemented already? What is working in practice and what is not effective? What still has to be done?

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

Sont abordés dans cet ouvrage : le blanchiment d’argent, la protection de la vie privée, les successions internationales, les situations transfrontalières d’un point de vue civil ou d’un point de vue fiscal, l’impact des dispositions européennes en matière immobilière ainsi que le digital, qui génère des mutations profondes pour la profession notariale notamment.