Ius Commune Europaeum 54 results

Many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures, including the way in which evidence is introduced, collected and presented in court.

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed.

The book contains a comparative analysis of mutual recognition in the internal market and the Area of Freedom, Security and Justice. It assesses mutual recognition in the context of the aims of both areas, the principles of European law and norms laid down in primary and secondary EU law.

There is an increasing debate on the way in which the EU has developed and what it must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.

One of the main objectives of this research is to examine this influence and more specifically the influence of EU law on cooperation between public authorities.

This book aims to provide stakeholders – students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules.

State funding constitutes an important tool to promote innovation by creating links between industry, universities and R&D institutions. In this context, the development of a legal framework that promotes an efficient use of State aid in R&D cooperation represents an important challenge for the EU.

Although the protection of individuals’ interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to conflicts between the two institutions and can affect their relations, and therefore needs coordination.

Differences in contract law and the additional transaction costs and complexity they generate in cross-border transactions dissuade a considerable number SMEs from expanding into markets of other Member States. These differences are also said to limit competition in the internal market.

This empirical study focuses on three procedural rights – the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation – in four EU jurisdictions – France, Scotland, the Netherlands and England and Wales.

This Training Framework is based on the empirical study of the procedural rights of suspects in England and Wales, France, the Netherlands and Scotland. Its objective is to enhance the knowledge, understanding and skills of criminal justice practitioners – police officers and defence lawyers – in respect of the procedural rights of suspects in police detention.

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.

This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.

This book on Legal Education was written based upon many of the author's experiences as professor and dean. It focuses on many issues such as teaching itself, employability, mission and focus of law schools, the future of law schools in this age of internationalisation, student intake, the link with the labour markets and many other issues.

This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.

In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..

Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.

This book answers two questions: what is the relationship between the European Council and the other EU institutions and what are the various roles of the European Council in the EU decision-making process?

In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes.