Fundament F R Europa
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Implications Of Pre Emptive Data Surveillance For Fundamental Rights In The European Union
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Author : Julia Wojnowska-Radzińska
language : en
Publisher: BRILL
Release Date : 2023-07-24
Implications Of Pre Emptive Data Surveillance For Fundamental Rights In The European Union written by Julia Wojnowska-Radzińska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
The Fundamental Determinants Of Credit Default Risk For European Large Complex Financial Institutions
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Author : Jiri Podpiera
language : en
Publisher: International Monetary Fund
Release Date : 2010-06-01
The Fundamental Determinants Of Credit Default Risk For European Large Complex Financial Institutions written by Jiri Podpiera and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-01 with Business & Economics categories.
This paper attempts to identify the fundamental variables that drive the credit default swaps during the initial phase of distress in selected European Large Complex Financial Institutions (LCFIs). It uses yearly data over 2004 - 08 for 29 European LCFIs. The results from a dynamic panel data estimator show that LCFIs’ business models, earnings potential, and economic uncertainty (represented by market expectations about the future risks of a particular LCFI and market views on prospects for economic growth) are among the most significant determinants of credit risk. The findings of the paper are broadly consistent with those of the literature on bank failure, where the determinants of the latter include the entire CAMELS structure - that is, Capital Adequacy, Asset Quality, Management Quality, Earnings Potential, Liquidity, and Sensitivity to Market Risk. By establishing a link between the financial and market fundamentals of LCFIs and their CDS spreads, the paper offers a potential tool for fundamentals-based vulnerability and early warning system for LCFIs.
The Architecture Of Fundamental Rights In The European Union
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Author : Šejla Imamovic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
The Architecture Of Fundamental Rights In The European Union written by Šejla Imamovic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
Fundamentals Of European Union Direct Tax
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Author : Felix Lessambo (Dr)
language : en
Publisher: Dorrance Publishing
Release Date : 2010-06-30
Fundamentals Of European Union Direct Tax written by Felix Lessambo (Dr) and has been published by Dorrance Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-30 with Business & Economics categories.
Fundamental Texts On European Private Law
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Author : Oliver Radley-Gardner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03
Fundamental Texts On European Private Law written by Oliver Radley-Gardner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
Among the most significant legal developments of our time is the emergence of a European private law. The European Union has enacted regulations and directives which profoundly affect the practice, teaching and study of core areas of 'classical' private law. Within Europe, commissions have formulated principles of European contract, tort, family and insolvency law as well as aspects of commercial law. Furthermore, uniform private law can be found in a number of international conventions and sets of principles. This second edition gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. This second edition is a sister volume to the original German edition, now in its 5th edition.
Liability Of Member States For The Violation Of Fundamental Values Of The European Union
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Author : Armin Hatje
language : en
Publisher: Nomos Verlag
Release Date : 2018-06-11
Liability Of Member States For The Violation Of Fundamental Values Of The European Union written by Armin Hatje and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-11 with Law categories.
Die Werte der Europäischen Union werden insbesondere durch das Verfahren des Art. 7 EUV vor systemischen Gefahren geschützt. Die Vorschrift erlaubt es in letzter Konsequenz, den betreffenden Mitgliedstaaten erhebliche Sanktionen aufzuerlegen. Als ultima ratio kommt sogar die Aussetzung des Stimmrechts in Betracht. Während die herkömmliche Betrachtung der Norm davon ausgeht, dass es sich um einen Sonderfall des Vertragsverletzungsverfahrens handelt, werden in diesem Band die Elemente des Tatbestandes herausgearbeitet, die für einen deliktischen Anspruch der Union gegen den vertragsbrüchigen Mitgliedstaat sprechen. Diese auf den ersten Blick ungewöhnliche Sicht auf Art. 7 EUV hat vor allem den analytischen Vorteil, die einzelnen Tatbestandsvoraussetzungen in ihrer ganzen Tragweite vor allem mit Blick auf die Rechtsfolgen besser verstehen zu können. Mit Beiträgen von Ewa Baginska | Sylwia Majkowska-Szulz | Gavin Barret | Tomás Dumbrovsky | Andreas Haratsch | Aalt Willem Heringa | Ulrich Magnus | Matthias Niedobitek | Michael Potacs | Laurent Sermet | Lubos Tichy | Mirosław Wyrzykowski | Jiri Zemanek
The Eu Charter Of Fundamental Rights
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Author : Steve Peers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Eu Charter Of Fundamental Rights written by Steve Peers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Fundamental Rights In Eu Internal Market Legislation
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Author : Vasiliki Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-11-05
Fundamental Rights In Eu Internal Market Legislation written by Vasiliki Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-05 with Law categories.
This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Fundamental Rights In European Contract Law
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Author : Chantal Mak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Fundamental Rights In European Contract Law written by Chantal Mak 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 2008-01-01 with Law categories.
Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
European Fundamental Rights And Freedoms
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Author : Dirk Ehlers
language : en
Publisher: Walter de Gruyter
Release Date : 2011-12-07
European Fundamental Rights And Freedoms written by Dirk Ehlers and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-07 with Law categories.
The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.