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New Europe - Old Values? - Reform and Perseverance (Hardcover, 1st ed. 2016)
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New Europe - Old Values? - Reform and Perseverance (Hardcover, 1st ed. 2016)
Series: Europeanization and Globalization, 1
Expected to ship within 12 - 17 working days
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This book explores the reactions to Europeanization and
globalization in times of economic distress, including the
transformation of European values in national legal cultures. The
authors explore how European values, tradition and new legal
challenges interconnect and dictate the paths of transition between
old and new Europe. The first chapter starts with a question: can
Roman Legal Tradition play a role of identity factor towards a New
Europe? Can it be considered as a general value identifying new
Europe, built on a minimum core of principles - persona, dominum,
obligation, contract and inheritance - composing the whole European
private law tradition? Subsequent chapters attempt to provide
possible responses to the question: what is Europe today? The
answers diverge, depending on the research area. The inherent
dichotomy of human rights protection in Europe and the concept of
'one law, one court' are investigated in the second chapter,
whereas the third chapter focuses on asylum and the interrelation
and interdependence of the Court of Justice of the EU and the
European Court of Human Rights. The next three chapters concentrate
on matters of equal treatment and non-discrimination. The first
contribution in this part reflects on the crisis and methodological
and conceptual issues faced by modern anti-discrimination law. It
is followed by a specific analysis of the empowerment of women or
gender-balancing in company boards. The third contribution reveals
the impact of the Croatian anti-discrimination law on private law
relations. The next chapter deals with the issue of social rights
in Croatia and the method of their regulation in the context of the
new European values. The immense challenges posed by the market
integration imperative and democratic transition have brought about
different reactions in the national legal systems and legal
cultures of both old and new Member States. As such, Europe has
effectively been reunited, but what about the convergence of
national legal cultures? This is the focal point of the remaining
chapters, which focus on various issues, from internal market,
competition law, consumer welfare, liberalization of network
industries to the EU capital market. The magnitude of EU activity
in these areas offers conclusive evidence that old and new
paradigms are evolving and shaping the future of the EU.
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