Practical Regulation Of The Mobility Of Sportsmen In The Eu Post Bosman

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Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman

Author : Stefaan Van den Bogaert
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112327X
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman by : Stefaan Van den Bogaert

Download or read book Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman written by Stefaan Van den Bogaert and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sport is recreational, social, educational, healthful, and cultural. It has always been all of these things. Perhaps also it has always been political. In recent years, however, it has become something else besides: economic. Nowadays a lot of money is invested in sport, and sporting competitions often generate enormous amounts of revenue. This has entailed serious repercussions, especially for the relations between individual sportsmen/sportswomen and the sporting clubs and federations that act as brokers for their careers. Into this protected area for decades a closed shop now come the European institutions, especially the European Court of Justice and the European Commission, with the declared intention of ensuring respect for the exigencies of Community law while at the same time protecting the specificity and the integrity of sport. This important book presents an in-depth analysis of the viability under Community law of traditional sports regulations such as transfer rules and nationality clausesboth sets of rules seriously compromised by the Bosman case of 1995. The author asks in particular whether certain rules elaborated by sporting associations can withstand the test of compatibility with the free movement provisions of the EC Treaty. In the light of Bosman, he also rigorously investigates: whether valuable arguments exist for keeping certain sporting rules and practices entirely outside the scope of the EC Treaty; and whether the private nature of sporting clubs constitutes a stumbling block for the application of the relevant free movement rules. Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman comes at a moment when clarification of where this complex and contentious matter currently lies is essential if we are to gauge where it is going. The topic is of special and increasing interest, as official declarations on sport were attached to the Treaties of both Amsterdam and Nice. And, if the draft Constitution for Europe actually enters into force, sport will even become an official area of Union policy. This trend confirms the value and significance of this ground-breaking book for practitioners, policymakers, and regulators in the burgeoning field of sports law. European Monographs 48

The Legacy of Bosman

Author : Antoine Duval
Publisher : Springer
ISBN 13 : 9462651205
Total Pages : 261 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Legacy of Bosman by : Antoine Duval

Download or read book The Legacy of Bosman written by Antoine Duval and published by Springer. This book was released on 2016-05-25 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.

Modern Sports Law

Author : Jack Anderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317375
Total Pages : 858 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Modern Sports Law by : Jack Anderson

Download or read book Modern Sports Law written by Jack Anderson and published by Bloomsbury Publishing. This book was released on 2010-10-26 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.

The European Union Legal Order After Lisbon

Author : Patrick Birkinshaw
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131523
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The European Union Legal Order After Lisbon by : Patrick Birkinshaw

Download or read book The European Union Legal Order After Lisbon written by Patrick Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

Leading Cases in Sports Law

Author : Jack Anderson
Publisher : Springer Science & Business Media
ISBN 13 : 9067049093
Total Pages : 392 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Leading Cases in Sports Law by : Jack Anderson

Download or read book Leading Cases in Sports Law written by Jack Anderson and published by Springer Science & Business Media. This book was released on 2013-04-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book accounts for over 25 of the most influential cases in international sports law, as written by some of the leading authorities in the area. Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the “public” nature of legal disputes in sport; player employment mobility litigation; doping and the spirit of sport; TV rights holding proceedings; and enduring themes in sports law such as on-field violence, spectator safety, animal welfare and gender equality. Valuable for sports law academics, arbitrators and practitioners, sports administrators and governing bodies, but also for students (postgraduate and undergraduate) and all those with an interest in international sports law.

Sports Law in the European Union

Author : Andrea Cattaneo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526149
Total Pages : 204 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Sports Law in the European Union by : Andrea Cattaneo

Download or read book Sports Law in the European Union written by Andrea Cattaneo and published by Kluwer Law International B.V.. This book was released on 2020-09-22 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the European Union deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Finance for SMEs: European Regulation and Capital Markets Union

Author : Patrizio Messina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501448
Total Pages : 222 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Finance for SMEs: European Regulation and Capital Markets Union by : Patrizio Messina

Download or read book Finance for SMEs: European Regulation and Capital Markets Union written by Patrizio Messina and published by Kluwer Law International B.V.. This book was released on 2019-06-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the European Commission’s announcement of the Capital Markets Union in 2016, a major step was at last taken to provide for the special needs of small and medium enterprises (SMEs). This book presents the first in-depth legal analysis of the challenges that SMEs have to face when managing their balance sheets and trying to attract investors, what alternative financing tools are most effective and how recent legislation reaches fair and convenient conditions for SMEs. The analysis focuses specifically on the Capital Markets Union structure and on other European initiatives that support and enhance SMEs’ raising money on capital markets in order to better diversify their investments and plan a growth and development strategy. An updated description of the European framework is provided, together with references to relevant national systems. Issues and topics covered include the following: need for long-lasting access to funds; securitization for SMEs; SME Z-score; crowdfunding; and peer-to-peer, minibond and accounts receivables financing. Case study analyses furnish a deep understanding of the financial structures and their main features. Appendices include English texts of the main European Union (EU) legal documents pertaining to SMEs. For SMEs discouraged by over-regulation designed for larger businesses, and who find themselves in difficulties when they have to face the required process, this book will prove to be of immeasurable practical value. This book represents one of the first publications on SMEs and finance and contains data and information resulting from a deep and well-focused research on the topic. The added value of this study will allow the academics to understand the main issues related to this topic and will provide for a steady basis for further research and analysis with regards to law and economics for SMEs. Furthermore, it will be also warmly welcomed by practitioners in the area of SME financing and will be useful to support them in the selection of the most appropriate tools for their clients. Banks and interested EU officials will also value its clear and straightforward approach to the subject.

EU Regulation of Access to Labour Markets

Author : Elise Muir
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140778
Total Pages : 460 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Regulation of Access to Labour Markets by : Elise Muir

Download or read book EU Regulation of Access to Labour Markets written by Elise Muir and published by Kluwer Law International B.V.. This book was released on 2012-07-05 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law. Thorough and incisive, this analysis of the constraints imposed by EU law on the exercise by domestic institutions of their competence in regulating labour markets is valuable not only to lawyers and academics in employment law, but also of great interest to jurists and policymakers in the wider field of European law as an accurate overview of the tensions between EU constraints and the tools used by national policy makers.

Research Handbook on EU Sports Law and Policy

Author : Jack Anderson
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719501
Total Pages : 487 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on EU Sports Law and Policy by : Jack Anderson

Download or read book Research Handbook on EU Sports Law and Policy written by Jack Anderson and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU’s influence on sport has traditionally focused on the socio-economic and cultural impact. This Research Handbook on EU Sports Law explores the development of the 'European dimension' in sport, and the concomitant legal issues including, competition law, state aid and free movement of persons. The application of such areas of EU law to sport and the influence of EU law on key policy issues such as, doping, match-fixing and governance, are detailed in this comprehensive collection. The topical chapters by experts in their field, also touch upon the future evolution of EU sports law.

The Role of Financial Stability in EU Law and Policy

Author : Gianni Lo Schiavo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186123
Total Pages : 222 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Role of Financial Stability in EU Law and Policy by : Gianni Lo Schiavo

Download or read book The Role of Financial Stability in EU Law and Policy written by Gianni Lo Schiavo and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the outbreak of the 2008 financial crisis, European Union (EU) institutions and Member States have engaged in a major effort to repair the architecture of economic governance of the European Economic and Monetary Union (EMU). This book takes as its starting point the unclear notion of financial stability, which only recently has received a more detailed legal analysis. It examines the evolution of the concept of financial stability during the financial crisis and provides a conceptual framework in order to demonstrate that financial stability has become a foundational objective in Europe and has set a new normative framework in EU law and policy. Arguing that financial stability is a foundational objective in EU law and policy based on certain normative instruments, this ground-breaking book provides an in-depth and original understanding of the newly developed framework to attain supranational financial stability. In its analysis of the legal implications of these new instruments, the study examines topics and issues such as the following: - the concept and normative instruments of financial stability at European level; - the renewed economic governance in Europe; - the financial assistance mechanisms developed in Europe; - the new regulatory environment for banks at European level; - the Single Supervisory Mechanism and the role of the European Central Bank (ECB) therein; and - the new framework for banking resolution, with specific focus on the Single Resolution Mechanism. The author shows in detail how an appropriate level of supranational regulation, supervision, burden-sharing and rescue measures strengthen financial stability. Thereby, the book will appeal to officials in EU institutions and agencies as well as lawyers and academics in EU law and in banking/financial law to gain a clear understanding of role of financial stability and its normative instruments in EU law and policy. Gianni Lo Schiavo is currently working as a lawyer at the ECB. He obtained a PhD in EU Law at King's College, London, and has written numerous articles and chapters in EU administrative law, EU financial/banking law and EU competition law.

EU Framework for Foreign Direct Investment Control

Author : Jacques H.J. Bourgeois
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519215
Total Pages : 357 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Framework for Foreign Direct Investment Control by : Jacques H.J. Bourgeois

Download or read book EU Framework for Foreign Direct Investment Control written by Jacques H.J. Bourgeois and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.

Infringement Proceedings in EU Law

Author : Luca Prete
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041169105
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Infringement Proceedings in EU Law by : Luca Prete

Download or read book Infringement Proceedings in EU Law written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.

European Communications Law and Technological Convergence

Author : Pablo Ibáñez Colomo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142932
Total Pages : 551 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Communications Law and Technological Convergence by : Pablo Ibáñez Colomo

Download or read book European Communications Law and Technological Convergence written by Pablo Ibáñez Colomo and published by Kluwer Law International B.V.. This book was released on 2011-12-14 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.

Introduction to International and European Sports Law

Author : Robert C.R. Siekmann
Publisher : Springer Science & Business Media
ISBN 13 : 9067048526
Total Pages : 436 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Introduction to International and European Sports Law by : Robert C.R. Siekmann

Download or read book Introduction to International and European Sports Law written by Robert C.R. Siekmann and published by Springer Science & Business Media. This book was released on 2012-04-23 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of “sport specificity” (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football (“soccer”) is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.

The Law of Payment Services in the EU

Author : Despina Mavromati
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127003
Total Pages : 335 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of Payment Services in the EU by : Despina Mavromati

Download or read book The Law of Payment Services in the EU written by Despina Mavromati and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role that payments play within the general framework of financial services in the EC is indispensable for the realization of a true single European market including, inter alia, the conditions of cross-border purchasing, the legal framework of consumer protection, and the technical standards against fraud in payment systems. The Commission's New Legal Framework for payment services in the internal market - as evidenced by the EC Payment Services Directive (PSD) - represents an important step towards the completion of an initiative for a Single Euro Payments Area and, more broadly, EU-wide.

Dimensions of Evidence in European Civil Procedure

Author : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 388 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

The EU in International Sports Governance

Author : A. Geeraert
Publisher : Springer
ISBN 13 : 1137517786
Total Pages : 219 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis The EU in International Sports Governance by : A. Geeraert

Download or read book The EU in International Sports Governance written by A. Geeraert and published by Springer. This book was released on 2016-04-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates that the European Union (EU) can curtail the autonomy of FIFA and UEFA by building upon insights from the principal-agent model. The author argues that EU institutional features complicate control, but do not render the EU powerless, and that FIFA and UEFA can deploy a variety of strategies to mitigate control.