Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book.

"Dr Barents"' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law bodies not considered to be courts or tribunals arbitration third persons rights of participants formulation of preliminary questions presumption of relevance of a preliminary reference violation of the obligation to refer requirement of a pending dispute interim measures modification of preliminary questions questions rejected by the submitting court new elements presented during the preliminary procedure questions lacking precision retroactive effects of judgments

Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam.

There is no doubt that the book's technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

This title presents a collection of contributions by linguists and lawyers on topical questions of the interconnections between language and law, and opens up a wide range of theoretical, methodological and practical approaches to aspects such as politics and the public domain, court proceedings, criminology, the editing of legislation, legal training and the Europeanization of law.

Das Buch enthalt eine Gesamtdarstellung zu Fragen der Systembildung im Europaischen Vertragsrecht. Mit ihrem Grunbuch vom 11. Juli 2001 hat die Europaische Kommission die Frage nach dem wunschenswerten Harmonisierungskonzept erneut aufgeworfen. Daran anschliessend hat sie am 12. Februar 2003 einen Aktionsplan fur "Ein koharentes Europaisches Vertragsrecht" vorgelegt. Beide Themenkreise werden in der vorliegenden Arbeit bereits zusammenhangend erortert. Der Verfasser legt zunachst Grundlagen fur die Arbeit: Im ersten Teil werden Grundfragen des Systemdenkens im Privatrecht erortert und der Begriff des Europaischen Privatrechts naher konturiert. Im zweiten Teil untersucht der Verfasser, ob sich die zahlreichen einzelnen Angleichungsrechtsakte als Auspragungen eines Gesamtplans verstehen lassen: Lasst sich den Einzelrechtsakten ein Harmonisierungskonzept entnehmen, das Grund und Grenzen der Rechtsangleichung erkennen lasst? Den Hauptteil der Arbeit bildet die systematische Gesamtdarstellung des materiellen Vertragsrechts im dritten Teil. In einer nach Sachfragen des Vertragsrechts geordneten Weise werden hier die zahlreichen Einzelregelungen erortert, die sich uber verschiedene Richtlinien verstreut finden. Es handelt sich um den- wohl ersten - Versuch einer Dogmatik des Europaischen Vertragsrechts. Uber den Autor: Dr. Karl Riesenhuber ist Privatdozent an der Friedrich-Alexander-Universitat Erlangen-Nurnberg."

(The Interpretation and Control of the Safeguarding Agreement) The interpretation and contextual control of copyright safeguarding agreements play a substantial role in court practice. That's why for one thing disputes between authorized parties and copyright collecting companies can evolve. And for another thing, interpretation and control also play an important role for the users of protected works or ancillary copyrights, since they require clarity as to whether they must acquire the necessary rights from the copyright collecting company or the authorized parties themselves. The author investigates the interpretation rules of copyright and the law of contract as well as the control circumstances of the copyright law, the copyright safeguarding law, the civil code (AGB [general terms & conditions] control), the law against restraints of competition as well EC antitrust (cartel) law. Informed through a legal practice on the one hand, and on the other hand on the basis of his scholastic works in the realm of German and European law of contract, commercial law and copyright, the author develops a system in which the different circumstances of interpretation and control merge into an orderly whole. The dogmatic of prevailing law is in the foreground. Moreover, the author also discusses legal policy issues in view of the national law and the Community law. They are now of great relevance to the present, because the Commission of the European Community has announced the establishment of a European safeguarding right with their notification for "Safeguarding of copyrights and related protective rights in the internal market" from April 16th, 2004.

(The European Stock Corporation. Implementation questions and perspectives) In October of this year the European stock corporation, or Societas Europaea (S.E.), will be made available in the EU as a European form of company. The discussion concerning a European stock corporation harks back to the 1950's. Then, in 2001, a surprising accord was reached after various failed attempts to establish a standard European stock corporation. However, in many partially decisive areas this accord was only able to be reached through extensive compromises. That's why it's feared that there will not be a standard form of stock corporation, but rather a multitude of nationally characterized and partially quite different European stock corporations. The conference arranged by the "foundational guest lecture series for international banking law" should provide insights from a comparative legal standpoint into the status and content of the implementation efforts in the relevant member nations of the EU. The volume at hand reproduces the lectures held at the conference.

The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

The power and future role of nation states are a topic of increasing importance. The dispersion of authority both vertically to supranational and subnational institutions and horizontally to non-state actors has challenged the structure and capacity of national governments. Multi-level governance has emerged as an important concept for understanding the dynamic relationships between state and non-state actors within territorially overarching networks. Multi-level Governance explores definitions and applications of the concept by drawing on contributions from scholars with different concerns within the broad discipline of Political Studies. It contends that new analytical frameworks that transcend traditional disciplinary boundaries and epistemological positions are essential for comprehending the changing nature of governance. In this context, this volume undertakes a critical assessment of both the potentialities and the limitations of multi-level governance.

A wide-ranging introductory book covering the operations of the European Union and the legal framework that binds the EU and connects the Union to individual member states. The emphasis is on the effect and administration of the European Union and its overall effect on each member country.

The risks to financial institutions of significant reputational damage from being caught up in financial fraud or money laundering is growing in volume and sophistication year on year. The adoption and operation of effective compliance systems and robust deterrence policies and procedures can dramatically reduce risk and enable senior management to spend more time on business generation. This unique work offers crucial guidance to those engaged in the deterrence of money laundering and fraud, including comprehensive treatment of: * Threat analysis * Relevant UK legislation and regulation * Compliance systems Essential Money Laundering Deterrence provides an essential tool for financial institutions, and their professional advisers, in the protection of their financial and operational integrity.

Now in its 26th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice.

Now in its 27th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice

European Union law is now a core subject for both the Bar Council and the Law Society,and it is vital that all law students equip themselves with a sound understanding of the EU legal system. This book looks at the main themes of EU law in a logical, progressive manner, giving the reader an understanding of EU law, concentrating on how, and especially why, the law has developed as it has. In addition, a number of issues presently facing the EU are also considered, such as enlargement and the prospect of a comprehensive written constitution. Understanding European Union Law is both an introduction for students new to EU law and an essential addition to revision for the more accomplished, including important tips on how to approach examination questions. It is also essential reading for students on business studies courses.