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Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
This book, adopting a law in context approach, deals with the controversial development of increased differentiation in European Union law.
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Today, global competition obliges companies dealing in international trade to modernize their procedures of delivery in order to minimize the customs burden and simplify the relation with customs authorities. Customs planning is the current option to be effective in the worldwide marketplace. However, customs officials are facing new challenges: they must ensure the smooth flow of trade while applying necessary controls on the one hand, while protecting the health and safety of the Community's citizens on the other. To achieve and maintain the correct balance between these demands, control methods are constantly evolving raising major challenges to those charged with planning and compliance. This book is a highly practical work dealing with the ins and outs of European Union (EU) customs law. Cases of study, jurisprudence and comparative law support the analysis of the different legal tools. The consolidated principles ruling the transactions within WTO Member States applied in EU law offer the readers the opportunity to understand how customs rules can be applied in any customs jurisdiction. Authored by an international tax lawyer with extensive experience enforcing EU customs law as a former member of Italy’s financial police, this handy resource is designed to help the reader stay in compliance with the laws controlling EU importing and exporting while structuring transactions in a business-friendly manner. “This book is a reference work in the customs law field. It deals thoroughly and practically with all the matters that a customs law practitioner would need to know. This book works well both for beginners and experts, since both will find needed information and insight in it.” EU Law Live – Book Review by Darya Budova, Senior Associate, Uría Menéndez
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.
Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation, and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU has been added.
Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.