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An overview of the scope and limitations of professional secrecy in the European Union, the European Economic Area and Switzerland.
Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
Privilege and Confidentiality: An International Handbook provides an overview of legal professional privilege (both legal advice privilege and litigation privilege) and confidentiality for in-house and outside counsel in the following jurisdictions: the US, Australia, Brazil, Canada, Chile, China, England and Wales, Germany, India, Japan, Mexico, Netherlands, Nigeria, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, and the United Arab Emirates. Each chapter looks at recent developments in each jurisdiction and identifies possible strategies to enhance and strengthen the application of legal professional privilege around the world. This second edition includes a separate chapter on 'Legal Privilege and Confidentiality in Arbitration' and a new chapter on the ramifications of Europe-wide privilege and in-house counsel of the recent judgment by the ECJ in Akzo Nobel Chemicals Ltd and Akcros Chemical Ltd v Commission of the European Communities (September 2010), which has put the spotlight on legal professional privilege.
An overview of the scope and limitations of professional secrecy in the European Union, the European Economic Area and Switzerland.
Published under the Transnational Publishers imprint.
. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
Judge David Edward has enjoyed a glittering career. After a substantial,successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.