Eu Ordre Public
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Eu Ordre Public
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Author : Tim Corthaut
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-10-26
Eu Ordre Public written by Tim Corthaut and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-26 with Law categories.
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following: international trade law and arbitration; public international law; the ECHR and EctHR; public policy exceptions to the four freedoms; European citizenship; competition law; national and EU procedural law; and protection of social and labour standards. In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Czech Yearbook Of International Law Public Policy And Ordre Public 2012
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Author : Alexander J. Bělohlávek
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-04-01
Czech Yearbook Of International Law Public Policy And Ordre Public 2012 written by Alexander J. Bělohlávek and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-01 with Conflict of laws categories.
We are proud to present to our readers Czech Yearbook of International Law 2012, Volume 3. The overarching topic of this volume, Public Policy and Ordre Public turns its focus to the doctrine which is inherently connected with private international law, which is true only at first glance. The problem of Public Policy and Ordre Public is intertwined more deeply in the national legal orders than virtually any legal branch. However, the platform of private international law through which these doctrines emerge and find its strongest application is in the cross-border traffic of the court and extra-court decisions. In these relationships, the most important differences in understanding the extent and nature of these terms take shape. The third volume of the Czech Yearbook of International Law focuses on the uncovering of national differences and the comparison of such doctrines in a global perspective. CYIL 2012 takes into account the completely different connotations given to both doctrines in the United States and the Common Law countries in continental Europe. Institutions participating in the CYIL Project: Academic institutions within Czech Republic: - Masaryk University (Brno), Faculty of Law, Department of International and European Law. - University of West Bohemia in Pilsen, Faculty of Law, Department of Constitutional Law & Department of International Law. - VŠB-TU Ostrava, Faculty of Economics, Department of Law. - Department of European Law, Department of Commercial Law & Centre for Comparative Law of the Faculty of Law, Charles University. - University College of International and Public Relations Prague. - Institute of State and Law of the Academy of Sciences of the Czech Republic, v.v.i. Non-academic institutions in the Czech Republic - Office of the Government of the Czech Republic, Department of Legislation, Prague. - Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Prague. - ICC National Committee Czech Republic, Commission on Arbitration, Prague. Institutions outside Czech Republic participating in the CYIL Project: Austria University of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations. Poland Jagiellonian University in Krakow, Faculty of Law and Administration, Department of Private International Law. Slovak Republic Slovak Academy of Sciences, Institute of State and Law, Bratislava. University of Matej Bel in Banská Bystrica, Faculty of Political Sciences and International Relations, Department of International Affairs and Diplomacy. Trnava University in Trnava, Faculty of Law, Department of Labour Law and Social Security Law.
La Famille Dans L Ordre Juridique De L Union Europ Enne Family Within The Legal Order Of The European Union
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Author : Elsa Bernard
language : en
Publisher: Bruylant
Release Date : 2020-12-31
La Famille Dans L Ordre Juridique De L Union Europ Enne Family Within The Legal Order Of The European Union written by Elsa Bernard and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-31 with Law categories.
Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.
The Impact Of The European Convention On Human Rights On Private International Law
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Author : Louwrens R. Kiestra
language : en
Publisher: Springer
Release Date : 2014-09-11
The Impact Of The European Convention On Human Rights On Private International Law written by Louwrens R. Kiestra and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Eu Law And Private International Law
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Author : Jan-Jaap Kuipers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
Eu Law And Private International Law written by Jan-Jaap Kuipers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Imperativeness In Private International Law
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Author : Giovanni Zarra
language : en
Publisher: Springer Nature
Release Date : 2022-01-27
Imperativeness In Private International Law written by Giovanni Zarra and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Cross Border Recognition Formalized Sa
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Author : Laima Vaige
language : en
Publisher: European Family Law
Release Date : 2022-09-10
Cross Border Recognition Formalized Sa written by Laima Vaige and has been published by European Family Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-10 with categories.
This book focuses on the civil status validity of formalized relationships of same-sex couples when such couples move across borders between EU Member States. The Baltic States, Estonia, Latvia, Lithuania, and Poland, are used as examples of States that are less accommodating of same-sex relationships concluded abroad.
Exclusions From Patentability
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Author : Sigrid Sterckx
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-13
Exclusions From Patentability written by Sigrid Sterckx and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Business & Economics categories.
This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Fairness Morality And Ordre Public In Intellectual Property
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Author : Daniel J.Gervais
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24
Fairness Morality And Ordre Public In Intellectual Property written by Daniel J.Gervais and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.
This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Public Policy And Private International Law
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Author : Meyer, Olaf
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06
Public Policy And Private International Law written by Meyer, Olaf and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.