Private Autonomy In Eu Internal Market Law

Download Private Autonomy In Eu Internal Market Law full books in PDF, epub, and Kindle. Read online Private Autonomy In Eu Internal Market Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Private Autonomy in EU Internal Market Law

Author : Rufat Babayev
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920714
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Private Autonomy in EU Internal Market Law by : Rufat Babayev

Download or read book Private Autonomy in EU Internal Market Law written by Rufat Babayev and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market. The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces. In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.

Party Autonomy and the Role of Information in the Internal Market

Author : Stefan Grundmann
Publisher : Walter de Gruyter
ISBN 13 : 3110873036
Total Pages : 424 pages
Book Rating : 4.1/5 (18 download)

DOWNLOAD NOW!

Book Synopsis Party Autonomy and the Role of Information in the Internal Market by : Stefan Grundmann

Download or read book Party Autonomy and the Role of Information in the Internal Market written by Stefan Grundmann and published by Walter de Gruyter. This book was released on 2012-10-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Frage nach der Privatautonomie und ihren Grenzen spielt seit jeher eine bedeutende Rolle in den nationalen Vertrags- und Privatrechten. Auf europäischer Ebene dominieren Regeln, die zwar die Informationenpreisgabe zwingend vorschreiben, die Bestimmung des Vertragsinhalts dann jedoch wieder den Parteien überantworten. Dieses Grundsatzthema über Geist und Funktionieren des Binnenmarktes, mit dem nach einer möglichst weitgehenden Erhaltung von Freiheit bei gleichzeitiger Verbürgung der notwendigen Schutzziele gefragt ist, ist Gegenstand des vorliegenden Bandes. Es wird hier von Rechtswissenschaftlern und Ökonomen aus verschiedenen Mitgliedstaaten und den U.S.A. erörtert. Zentraler Betrachtungsgegenstand ist die Informationsregel und ihre Ausgestaltung. Insgesamt vereint der Band zweierlei, zum einen die Grundsatzdiskussion - rechtswissenschaftlich, europarechtlich und ökonomisch - zum Regelungsansatz im Recht des Binnenmarkthandels und zum wichtigsten Instrument, der Informationsregel mit ihrer freiheitserhaltenden Grundausrichtung. Andererseits bietet er eine dogmatische Aufbereitung wesentlicher Teile des Rechts des Binnenmarkthandels, des Europäischen Schuldvertragsrechts.

Private Regulation and the Internal Market

Author : Mislav Mataija
Publisher : Oxford University Press
ISBN 13 : 0191063576
Total Pages : 450 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Private Regulation and the Internal Market by : Mislav Mataija

Download or read book Private Regulation and the Internal Market written by Mislav Mataija and published by Oxford University Press. This book was released on 2016-03-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.

Involvement of EU Law in Private Law Relationships

Author : Dorota Leczykiewicz
Publisher :
ISBN 13 : 9781472566447
Total Pages : 433 pages
Book Rating : 4.5/5 (664 download)

DOWNLOAD NOW!

Book Synopsis Involvement of EU Law in Private Law Relationships by : Dorota Leczykiewicz

Download or read book Involvement of EU Law in Private Law Relationships written by Dorota Leczykiewicz and published by . This book was released on 2013 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Understanding EU Internal Market Law

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9789050957472
Total Pages : 500 pages
Book Rating : 4.9/5 (574 download)

DOWNLOAD NOW!

Book Synopsis Understanding EU Internal Market Law by : Norbert Reich

Download or read book Understanding EU Internal Market Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2015-05-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of the objectives, principles, and methods of EU internal market law. It focuses on the substantive law of the internal market: the strongest, most developed, and most original part of EU law. It introduces the reader to the legal peculiarities of EU internal market law, including its sources, instruments, methods of interpretation, effects, and the relationship between EU and national law. It also acquaints the reader with the acquis communautaire - the case law of the European courts and secondary EU legislation. From this starting point, the book looks at the issue of personal application of EU law. From being only a law for market citizens (individuals acting in the market), EU law has become the law for all citizens and residents living in Member States, whether they are active market participants or not. Thus, EU law determines everybody's everyday rights and duties alongside (and occasionally overriding) existing national law. This is based on the principle of equal treatment. What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules, and competition and IP rules. The current trend of setting adequate standards - the most important the horizontal standards, applying to everybody, such as non-discrimination and fundamental rights - is discussed as well. A special chapter is devoted to autonomy, since the generous, but not unlimited, grant of autonomy to the market citizen must be respected by Member States and fellow market citizens. Finally the question of accountability and liability - of the EU itself, of its Member States, of undertakings, and of citizens - is discussed. This third edition is a joint work by three authors coming from different jurisdiction. Its starting point is not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.

EU Law and Private International Law

Author : Jan-Jaap Kuipers
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004206728
Total Pages : 383 pages
Book Rating : 4.0/5 (42 download)

DOWNLOAD NOW!

Book Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers

Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.

The Boundaries of the EU Internal Market

Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
ISBN 13 : 1108499724
Total Pages : 377 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!

Book Synopsis The Boundaries of the EU Internal Market by : Marja-Liisa Öberg

Download or read book The Boundaries of the EU Internal Market written by Marja-Liisa Öberg and published by Cambridge University Press. This book was released on 2020-11-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.

The Internal Market as a Legal Concept

Author : Stephen Weatherill
Publisher : Oxford University Press
ISBN 13 : 0198794800
Total Pages : 269 pages
Book Rating : 4.1/5 (987 download)

DOWNLOAD NOW!

Book Synopsis The Internal Market as a Legal Concept by : Stephen Weatherill

Download or read book The Internal Market as a Legal Concept written by Stephen Weatherill and published by Oxford University Press. This book was released on 2017 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inquiry into the internal market as an ambiguous legal concept, this volume will consider the vertical distributions of competences between the EU and its Member States and the horizontal distribution of powers between the Court and the legislative institutions of the EU.

Introduction to European Union internal market law

Author :
Publisher : Roma TrE-Press
ISBN 13 : 8894885518
Total Pages : 173 pages
Book Rating : 4.8/5 (948 download)

DOWNLOAD NOW!

Book Synopsis Introduction to European Union internal market law by :

Download or read book Introduction to European Union internal market law written by and published by Roma TrE-Press. This book was released on 2017-12-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).

Research Handbook on the Law of the EU's Internal Market

Author : Panos Koutrakos
Publisher :
ISBN 13 : 9781783478095
Total Pages : 0 pages
Book Rating : 4.4/5 (78 download)

DOWNLOAD NOW!

Book Synopsis Research Handbook on the Law of the EU's Internal Market by : Panos Koutrakos

Download or read book Research Handbook on the Law of the EU's Internal Market written by Panos Koutrakos and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Internal market -- an introduction / Panos Koutrakos and Jukka Snell -- Part I The reach of the internal market -- 2. Between market access and discrimination: free movement as a right to fair conditions of competition / Gareth Davies -- 3. Freedom as a source of constraint: expanding market discipline through free movement / Alexandre Saydé -- 4. Horizontality: the application of the four freedoms to restrictions imposed by private parties / Stefan Enchelmaier -- 5. The competence to harmonise and its limits / Stephen Weatherill -- 6. The day the clock stopped: EU citizenship and the single market / Catherine Barnard -- Part II The relationship between economic and non-economic interests -- 7. The architecture of the EU's social market economy / Floris de Witte -- 8. Healthcare in the internal market / Vassilis Hatzopoulos -- 9. Integrating rather than juxtaposing environmental policy and the internal market / Hans Vedder -- 10. Primary EU law, European regulatory private law and national private law / Hans Micklitz and Carla Sieburgh -- 11. Fundamental rights and the framework of internal market adjudication: is the charter making a difference? / Niamh Nic Shuibhne -- Part III Internal market as an economic union -- 12. The creation of a European capital market / Jennifer Payne and Elizabeth Howell -- 13. The Eurozone crisis and the autonomy of member states in economic union: changes and challenges / Thomas Beukers -- 14. The euro area, its regulation and impact on non-euro member states / Professor Paul Craig, University of Oxford and Menelaos Markakis, University of Oxford -- Part IV Uniformity versus diversity -- 15. Taxation in the internal market / Peter Wattel -- 16. Differentiated integration in the EU: lessons from the Financial Transaction Tax / Anzhela Cédelle and John Vella -- 17. Derogations from the regulation of free movement: Article 114 TFEU / Isidora Maletić -- Part V The governance and politics of the internal market -- 18. Institutional dynamics reloaded: the Court of Justice and the development of the EU internal market / Thomas Horsley -- 19. Mutual recognition / Wulf-Henning Roth -- 20. European regulatory union? the role of agencies and standards / Herwig Hofmann -- Part VI The internal market in the world -- 21. -- The internal market and external economic relations / Marise Cremona -- 22. The evolution of single markets in Europe and the United States / Michelle Egan -- Index.

Private Autonomy in EU Internal Market Law

Author : Rufat Babayev
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920706
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Private Autonomy in EU Internal Market Law by : Rufat Babayev

EU Law and the Harmonization of Takeovers in the Internal Market

Author : Thomas Papadopoulos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041133402
Total Pages : 282 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis EU Law and the Harmonization of Takeovers in the Internal Market by : Thomas Papadopoulos

Download or read book EU Law and the Harmonization of Takeovers in the Internal Market written by Thomas Papadopoulos and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires the board to obtain the prior authorization of the general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, restricting significant transfer and voting rights during the time allowed for acceptance of the bid. Other relevant legal issues covered in the course of the analysis include the following: A { the right of establishment as a right of legal persons; A { vertical vs.

Private Law in the External Relations of the EU

Author : Marise Cremona
Publisher : Oxford University Press
ISBN 13 : 0191062014
Total Pages : 369 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Private Law in the External Relations of the EU by : Marise Cremona

Download or read book Private Law in the External Relations of the EU written by Marise Cremona and published by Oxford University Press. This book was released on 2016-03-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

Private Autonomy in Germany and Poland and in the Common European Sales Law

Author : Tim Drygala
Publisher : Walter de Gruyter
ISBN 13 : 3866539630
Total Pages : 136 pages
Book Rating : 4.8/5 (665 download)

DOWNLOAD NOW!

Book Synopsis Private Autonomy in Germany and Poland and in the Common European Sales Law by : Tim Drygala

Download or read book Private Autonomy in Germany and Poland and in the Common European Sales Law written by Tim Drygala and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private autonomy is a fundamental principle of civil law - even more against the background of increasing Europeanisation. How is this principle implemented in the Proposal for a Common European Sales Law (CESL), in German and in Polish Law? Read the informative proceedings of the international conference on "Private Autonomy in Germany, Poland and Europe" held at the University of Leipzig. The topics of the volume range from fundamental aspects, such as the term autonomy as a "legal axiom", to specific issues like the freedom of contract in the CESL and the control of unfair contract terms in business to business transactions.

The Internal Market Ideal

Author : Jeremias Adams-Prassl
Publisher : Oxford University Press
ISBN 13 : 0192692984
Total Pages : 745 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis The Internal Market Ideal by : Jeremias Adams-Prassl

Download or read book The Internal Market Ideal written by Jeremias Adams-Prassl and published by Oxford University Press. This book was released on 2024-01-16 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internal Market Ideal honours the pathbreaking work of Professor Stephen Weatherill, Jacques Delors Professor of European Law at the University of Oxford since 1998. For more than three decades, Professor Stephen Weatherill has been the dominant figure in internal market debates, shaping the European Union's Internal Market both at Oxford and internationally. Looming large in fields as disparate as consumer protection and sports law, his voice has guided how relevant laws and regulations are understood and how their varying virtues and pitfalls are perceived. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), the present volume is not simply a celebration of Weatherill's life, but also an examination of the legal issues surrounding the semi-integrated market of the European Union. Across nineteen essays, the collection presents a vision of the European Union not yet achieved; that is, a Union which benefits from economic growth and pursues non-economic objectives, whilst carefully balancing respect for Member States' autonomy and the European Union's self-sufficiency. An invaluable resource for students, researchers, practitioners, and policy makers in the field of European Law, The Internal Market Ideal, is a must read for anyone wishing to learn more about the illustrious life and work of Professor Stephen Weatherill.

The Legislative Priority Rule and the EU Internal Market for Goods

Author : Eadaoin Ní Chaoimh
Publisher : Oxford University Press
ISBN 13 : 0192669087
Total Pages : 321 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis The Legislative Priority Rule and the EU Internal Market for Goods by : Eadaoin Ní Chaoimh

Download or read book The Legislative Priority Rule and the EU Internal Market for Goods written by Eadaoin Ní Chaoimh and published by Oxford University Press. This book was released on 2022-08-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.

Private Law and the Internal Market

Author : Roel van Leuken
Publisher :
ISBN 13 : 9781780685915
Total Pages : pages
Book Rating : 4.6/5 (859 download)

DOWNLOAD NOW!

Book Synopsis Private Law and the Internal Market by : Roel van Leuken

Download or read book Private Law and the Internal Market written by Roel van Leuken and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law and private law relationships in Member States of the European Union are increasingly influenced by EU law. Sometimes, this influence is predictable, for instance because EU law provides expressly that violation of a rule shall produce a specific private law effect (Article 101(2) TFEU). Less predictable are the consequences where the Court of Justice interprets provisions of EU law ostensibly addressed to the Member States such as creating, modifying or extinguishing rights and obligations in legal relationships between individuals. Since 1974 the Court has given interpretations to such direct horizontal effect to some of the TFEU provisions on free movement. Private Law and the Internal Market seeks to establish the links between the relevant judgments and, by analysing them in the context of the various mechanisms used by EU law to influence national private law, considers whether the Court's approach to one free movement provision can be predictive of other free movement provisions and if so, to what extent. It also discusses the impact which accepting direct horizontal effect has on the grounds that must be available to individuals as a defence to alleged infringement of a free movement provision. Dr Roel van Leuken is Assistant Professor of Civil Law specialising in European private law at Radboud University, Nijmegen. Intersentia