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General Principles Of Eu Law And The Eu Digital Order
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Book Synopsis General Principles of EU Law and the EU Digital Order by : Ulf Bernitz
Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.
Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Book Synopsis General Principles of EU Law and the Protection of Fundamental Rights by : Chiara Amalfitano
Download or read book General Principles of EU Law and the Protection of Fundamental Rights written by Chiara Amalfitano and published by Edward Elgar Publishing. This book was released on with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
Book Synopsis General Principles of Law by : Stefan Vogenauer
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Book Synopsis General Principles of EU Civil Law by : Norbert Reich
Download or read book General Principles of EU Civil Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Book Synopsis The General Principles of EU Law by : Takis Tridimas
Download or read book The General Principles of EU Law written by Takis Tridimas and published by . This book was released on 2006 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Principles of EU Law and European Private Law by : Ulf Bernitz
Download or read book General Principles of EU Law and European Private Law written by Ulf Bernitz and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume, the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field. For the many parties involved in the volution of the European project from a legal perspective, this book will serve as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come. -- Publisher.
Download or read book EU Law written by Iyiola Solanke and published by Cambridge University Press. This book was released on 2022-07-14 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union is the busiest court in the world. The second edition of this textbook explores why this is. It examines in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order. It explains the core constitutional and substantive principles that underpin the European Union legal order, and introduces EU law in a detailed, comprehensive way which is both enjoyable and clear to read. It offers an up-to-date and accessible analysis of EU law and avoids technical jargon, providing informed insights on an exciting but challenging subject. Combining a historical perspective with up-to-date examples, it aims to help students appreciate how EU law developed and its continued significance in day-to-day life. This updated edition features new coverage on free movement, online resources plus additional chapters on Article 50 and EU law in the UK after Brexit.
Book Synopsis General Principles of EU Civil Law by : Norbert Reich
Download or read book General Principles of EU Civil Law written by Norbert Reich and published by . This book was released on 2014 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance.This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.About this book'The topic is highly relevant these days and orders our case-law in ways that only a proficient academic like Norbert Reich is capable of doing. That effort will in turn be taken into account in the further development of the case-law.'Koen Lenaerts, Vice-President of the Court of Justice of the European Union'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'For the private lawyer, probably the most interesting recent d ...
Book Synopsis General Principles of Community Law by : Xavier Groussot
Download or read book General Principles of Community Law written by Xavier Groussot and published by ISBS. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.General principles and the domestic law - 2.General principles and international law - 3.General principles taking individual rights seriously - 4.Administrative principles and fundamental rights - 5.Procedural principles as justice and citizen rights - 6.Judicial review of the member states actions through the use of general principles - 7.Impact of the general principles in UK public law - 8.Impact of the general principles in French public law - 9.Impact of the general principles in Swedish public law - 10.Towards a jus commune europaeum.
Book Synopsis Oxford Principles of European Union Law by : Robert Schütze
Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Book Synopsis Handbook on European data protection law by : Council of Europe
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Book Synopsis The General Principles of EU Law by : Takis Tridimas
Download or read book The General Principles of EU Law written by Takis Tridimas and published by Oxford University Press, USA. This book was released on 2007 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
Download or read book ذكرياتى فى دار العروبة written by and published by . This book was released on 1965 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding EU Law by : Norbert Reich
Download or read book Understanding EU Law written by Norbert Reich and published by Intersentia nv. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.
Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and thecitizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in theforeseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Book Synopsis The Place, Function and Effects of "general Principles of EU Law" in the Supranational and National Legal Orders by : Magali D' heer
Download or read book The Place, Function and Effects of "general Principles of EU Law" in the Supranational and National Legal Orders written by Magali D' heer and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles are ubiquitous in the supranational and national legal orders. Since the start of the European integration process, they have influenced both legal orders considerably. Several definitions of the notion general principle of EU law have been suggested. The definition which emphasizes the essential elements of these principles is provided by TRIDIMAS. He describes general principles as general propositions of some importance from which concrete rules can be derived.1 General principles could also be defined starting from the sources from which they were derived. Traditionally, these principles were unwritten judge-law, but since then several have been codified. Three sources could be distinguished. Firstly, international instruments to which the Member States have cooperated or to which they have acceded. Secondly, they could be derived from the common constitutional traditions of the Member States. Thirdly, they could be derived from a minority of Member States, if this was a principle of significant importance or a sign of a growing trend within the Union. Initially they were created from a pragmatic point of view. In one of the earliest cases in which general principles appear, they were founded upon the desire to avoid denial of justice. Since then, their development has only flourished. The Court has taken an evaluative approach in the discovery of these principles. The Court searches for the most suitable solution which is also in accordance with the aims and structure of the Union. In this respect, these principles enjoy both a top-down and bottom-up influence. Their application has expanded both with regard to the areas in which they apply and with regard to the requirements they impose. Specifically their capacity to adapt to changes in the social and political sphere have made them efficient tools to solve problems. They are said to have three functions. Firstly, they are used as aids of interpretation. Secondly, they are capable of filling gaps within left open by the legislature. Thirdly, they serve as grounds for review. In the hierarchy of norms, general principles of EU law are considered to rank pari passu with the Treaties. They are part of secondary law. Some believe that these principles should rank above the Treaties, as they find themselves on a meta-sphere and are of such importance that they preclude the inclusion of certain provisions in the Treaties or the conclusion of certain international agreements. However, thus far this view has not received that much support. General principles of EU law can affect the supranational and national legal orders both indirectly and directly. The indirect effect of general principles of EU law or the principle of consistent interpretation is generally accepted and does not pose many problems. It follows from the hierarchy of norms that lower rules are interpreted in accordance with higher rules. This does not apply solely to the EU level, but this obligation is also imposed upon national courts in vertical and horizontal relationships. In certain cases, the indirect effect could lead to legal uncertainty. Therefore certain limits should be taken into account when interpreting a rule in accordance with general principles of EU law. The recognition of direct effect of general principles of EU law has proven to be much more controversial, specifically in horizontal relationships. In vertical relationships there is really no objection to applying a general principle, since this is yet again a consequence of the hierarchy of norms. However their application in horizontal relationships can lead to problematic situations. There are two milestone cases to be indicated in this context, namely Mangold and Kücükdeveci, the latter being a clarification of the first. The Kücükdeveci effect derived from this case implies that general principles of EU law, as given expression in a directive, can produce direct effects in private legal relationships. If a national measure is proven to be incompatible with this general principle, this measure must be set aside. From the perspective of protection of fundamental and human rights this novel approach adopted by the Court could be reviewed positively. However, many members of the legal community have objected to the application of this principle. They believe this effect has negative consequences for the public-private divide, leads to legal uncertainty and a lack of legal certainty. Moreover, this effect is considered to be a breach of the institutional balance between the EU-institutions and the allocation of powers between the EU and the Member States. Furthermore, this effect is perceived to be yet another way of circumventing the principle that directives cannot of themselves impose obligations upon individuals. For this reason, different interpretations of Mangold and Kücükdeveci have been proposed. Firstly, it has been suggested that there was no question of granting direct horizontal effect to the general principle at hand (non-discrimination on grounds of age), but, instead, an simple application of the principle of primacy of EU law. Secondly, some propose to take a step back from the principle of no-direct-horizontal-effect of directives, as this principle has seen so many mitigations that upholding this principle would seem rather artificial. It has been argued that not the general principle, but the Directive in question was given direct horizontal effect. This view is shared by the Advocate- General in Kücükdeveci. Thirdly, not everyone is opposed to this effect as such, but wishes to see limits to its application. It is unclear how far the effect can reach, but it could potentially lead to far- reaching implications if it is applied outside the relevant directives and on other grounds as the one in question in Mangold and Kücükdeveci. It is necessary for the Court to clarify its approach, however in recent cases it has avoided doing so. Finally, a minority view suggests that there was no question of an application of the principle of direct effect, but a broad application of the principle of indirect effect.
