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Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.
From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own. From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice 'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
The growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts. This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment. It is essential reading for practitioners as well as academics and postgraduate students.
For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: and•standing; and•disclosure and access to evidence; and•burden of proof; and•fault/no fau and•costs of damages actions; and•injunctions; and•civil versus administrative enforcement; and•limitations; and•leniency programmes; and•collective actions; and•confidentiality; and and•forms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.
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.
This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.