The Enforcement of EU Law and Values

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 715 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Enforcement of EU Law and Values by : András Jakab

Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law Enforcement by EU Authorities

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786434636
Total Pages : 401 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Law Enforcement by EU Authorities by : Miroslava Scholten

Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Private Regulation and Enforcement in the EU

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509919546
Total Pages : 599 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Regulation and Enforcement in the EU by : Madeleine de Cock Buning

Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.

The Law of Capital Markets in the EU

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Author :
Publisher : Red Globe Press
ISBN 13 : 1137518464
Total Pages : 0 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis The Law of Capital Markets in the EU by : Konstantinos Sergakis

Download or read book The Law of Capital Markets in the EU written by Konstantinos Sergakis and published by Red Globe Press. This book was released on 2018-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative textbook offers a thorough, theoretical and practical overview of the current EU legal framework applicable to capital markets. It is intended to enable a critical analysis of the overall regulatory principles as well as the interaction between market actors and EU law which has shaped the regulatory agenda both at national and EU level. The book gives an overview of the foundations of EU capital markets and touches upon issuer disclosure obligations, inappropriate market practices and gatekeepers. EU law is the main focus, complemented by comparative analysis where applicable, primarily relating to UK, French and German laws. Ideal for upper-level undergraduate or graduate law students taking a module in Capital Markets Law, Securities Regulation, Corporate Finance Law or EU Company Law. Also useful for accounting, business or economics MSc students who need to broaden their understanding of the legal aspects of capital markets, and for academics and policy makers.

Financial Regulation and Civil Liability in European Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908116
Total Pages : 327 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Financial Regulation and Civil Liability in European Law by : Olha O. Cherednychenko

Download or read book Financial Regulation and Civil Liability in European Law written by Olha O. Cherednychenko and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

The Implementation and Enforcement of European Union Law in Small Member States

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Author :
Publisher : Springer Nature
ISBN 13 : 3030661156
Total Pages : 309 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Implementation and Enforcement of European Union Law in Small Member States by : Ivan Sammut

Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

The Law of the European Union and the European Communities

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

EU Law Enforcement

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Author :
Publisher : Routledge
ISBN 13 : 0429582773
Total Pages : 511 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis EU Law Enforcement by : Stefano Montaldo

Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

EU Competition Law and the Financial Services Sector

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1135044643
Total Pages : 440 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis EU Competition Law and the Financial Services Sector by : Andrea Lista

Download or read book EU Competition Law and the Financial Services Sector written by Andrea Lista and published by Taylor & Francis. This book was released on 2013-06-07 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.

Extraterritoriality of EU Economic Law

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Publisher : Springer Nature
ISBN 13 : 3030822915
Total Pages : 379 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Extraterritoriality of EU Economic Law by : Nuno Cunha Rodrigues

Download or read book Extraterritoriality of EU Economic Law written by Nuno Cunha Rodrigues and published by Springer Nature. This book was released on 2021-10-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.

Enforcement of Intellectual Property Rights in the EU Member States

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Author :
Publisher :
ISBN 13 : 9781780686813
Total Pages : 0 pages
Book Rating : 4.6/5 (868 download)

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Book Synopsis Enforcement of Intellectual Property Rights in the EU Member States by : Flip Petillion

Download or read book Enforcement of Intellectual Property Rights in the EU Member States written by Flip Petillion and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.

EU Securities and Financial Markets Regulation

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Publisher : Oxford University Press
ISBN 13 : 0192583425
Total Pages : 1335 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Securities and Financial Markets Regulation by : Niamh Moloney

Download or read book EU Securities and Financial Markets Regulation written by Niamh Moloney and published by Oxford University Press. This book was released on 2023-03-25 with total page 1335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the decade or so since the global financial crisis rocked EU financial markets and led to wide-ranging reforms, EU securities and financial markets regulation has continued to evolve. The legislative framework has been refined and administrative rulemaking has expanded. Alongside, the Capital Markets Union agenda has developed, the UK has left the EU, and ESMA has emerged as a decisive influence on EU financial markets governance. All these developments, as well as the Covid-19 pandemic, have shaped the regulatory landscape and how supervision is organized. EU Securities and Financial Markets Regulation provides a comprehensive, critical, and contextual account of the intricate rulebook that governs EU financial markets and its supporting institutional arrangements. It is framed by an assessment of how the regime has evolved over the decade or so since the global financial crisis and considers, among other matters, the post-crisis reforms to key legislative measures, the massive expansion of administrative rulemaking and of soft law, the Capital Markets Union agenda, the development of supervisory convergence as the means for organizing pan-EU supervision, and ESMA's role in EU financial markets governance. Its coverage extends from capital-raising and the Prospectus Regulation to financial market intermediation and the MiFID II/MiFIR and IFD/IFR regimes, to the new regulatory regimes adopted since the global financial crisis (including for benchmarks and their administrators), to retail market regulation and the PRIIPs Regulation, and on to the EU's third country regime and the implications of the UK's departure from the EU. This is the fourth edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Heavily revised from the third edition to reflect developments since the global financial crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, institutional, and international context of the regulatory and supervisory regime.

Research Handbook on EU Institutional Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782544747
Total Pages : 519 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Institutional Law by : Adam Lazowski

Download or read book Research Handbook on EU Institutional Law written by Adam Lazowski and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

EU Prospectus Law

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Publisher : Cambridge University Press
ISBN 13 : 1139496328
Total Pages : 415 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis EU Prospectus Law by : Pierre Schammo

Download or read book EU Prospectus Law written by Pierre Schammo and published by Cambridge University Press. This book was released on 2011-05-19 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.

The Enforcement of EU Financial Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509959750
Total Pages : 289 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Enforcement of EU Financial Law by : Jan Crijns

Download or read book The Enforcement of EU Financial Law written by Jan Crijns and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.

Regulating Investor Protection Under Eu Law

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Author :
Publisher : Palgrave MacMillan
ISBN 13 : 9783030079857
Total Pages : 414 pages
Book Rating : 4.0/5 (798 download)

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Book Synopsis Regulating Investor Protection Under Eu Law by : Antonio Marcacci

Download or read book Regulating Investor Protection Under Eu Law written by Antonio Marcacci and published by Palgrave MacMillan. This book was released on 2019-07-25 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the "role-model" it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed - i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This "within-the-firm" angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.

EU Law in Populist Times

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Publisher : Cambridge University Press
ISBN 13 : 1108485081
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis EU Law in Populist Times by : Francesca Bignami

Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.