The General Principles Of Eu Law
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General Principles Of Eu Law And The Eu Digital Order
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Author : Ulf Bernitz
language : en
Publisher: Kluwer Law International
Release Date : 2020
General Principles Of Eu Law And The Eu Digital Order written by Ulf Bernitz and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Information technology categories.
General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.
General Principles Of Eu Law And The Protection Of Fundamental Rights
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Author : Chiara Amalfitano
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
General Principles Of Eu Law And The Protection Of Fundamental Rights written by Chiara Amalfitano 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 2018 with categories.
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. 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 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
General Principles Of Law
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Author : Stefan Vogenauer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-15
General Principles Of Law written by Stefan Vogenauer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
General Principles Of Eu Law And The Eu Digital Order
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Author : Ulf Bernitz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09
General Principles Of Eu Law And The Eu Digital Order written by Ulf Bernitz 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 2020-01-09 with Law categories.
Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
General Principles Of Eu Civil Law
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Author : Norbert Reich
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
General Principles Of Eu Civil Law written by Norbert Reich and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
The General Principles Of Eu Law
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Author : Takis Tridimas
language : en
Publisher:
Release Date : 2006
The General Principles Of Eu Law written by Takis Tridimas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Constitutional law categories.
East African Community Law
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Author : Emmanuel Ugirashebuja
language : en
Publisher: BRILL
Release Date : 2017-03-06
East African Community Law written by Emmanuel Ugirashebuja and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-06 with Law categories.
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
General Principles Of Eu Law And European Private Law
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Author : Ulf Bernitz
language : en
Publisher:
Release Date : 2013
General Principles Of Eu Law And European Private Law written by Ulf Bernitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Antitrust law categories.
This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume, the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field. For the many parties involved in the volution of the European project from a legal perspective, this book will serve as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come. -- Publisher.
General Principles Of Ec Law In A Process Of Development
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Author : Ulf Bernitz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
General Principles Of Ec Law In A Process Of Development written by Ulf Bernitz 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.
What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.