In recent years, we have witnessed the spectacular growth of risk management approaches to regulation, so much so that the concept of risk regulation has entered the mainstream regulation vocabulary. This timely collection takes a critical look at risk and EU law. Its multidisciplinary, comparative approach traces the dangers lurking in the practical application of these approaches. It offers important insights into the limitations of the approach and its variability across domains and Member States. It is a valuable addition to the risk regulation literature and deserves to be widely read.' - Bridget M. Hutter, London School of Economics and Political Science, UKAlthough the assessment and management of risk has always been an integral part of government and private decision-making, it has acquired particular importance in contemporary politics. Developments such as the global financial crisis of 2008, the ensuing Eurozone crisis, the rise in international terrorism, and natural disasters have brought to the fore the importance of risk management. As the competence of the EU has expanded, the presence of EU law in risk control has increased significantly. This book seeks to provide an analysis of EU risk regulation in various sectors, examining some key concepts and transversal themes, as well as focusing on sector specific regulation. The contributors explore the social epistemology of risk observation and management, risk modelling, the role of science in political and judicial decision-making, in addition to transnational risk regulation and contractual governance. They examine EU regulation, among others, in the field of terrorism prevention, external relations, food regulation and financial supervision.L This book will be of interest to law scholars, social scientists and students, whilst lawmakers and lawyers will also benefit from the practical insights of its expert authors. Contributors: A. Alemanno, F. Allen, D. Brean, F. Cafaggi, E. Carletti, M. Cremona, S. Duquet, A. Garde, T. Herberger, A. Hoefer, C. Kobrak, K.-H. Ladeur, H.-W. Micklitz, A. Oehler, T. Tridimas, M.B.A. van Asselt, K. Vieweg, E. Vos, S. Wendt, J. Wouters

This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.

This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.

The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EU Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.

This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of the Court of First Instance and the EU Civil Service Tribunal; the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004. The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union. At the same time, the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier, such as the relationship between Union law and national law, the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement. The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change. The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives. The contributors are distinguished figures drawn from a variety of constituencies, including the national and European judiciaries, legal practice, and the academic world.

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann

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

Transition to Journals
From Volume 29, the Yearbook of European Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of European Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http: //yel.oxfordjournals.org/
Yearbook of European Law will benefit from a number of additional features made possible by online publication:
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Now in its 29th year, theYearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook is an essential resource for all involved in European legal research and practice.

The general principles of EU law remain one of the most complex areas of EU law. Their extrapolation and application by the Court of Justice raises profound questions about the values of the EU, the rights of individuals, the interaction between EU and national law, and the role of the judiciary in shaping EU law. Their study gives rise to a host of theoretical and intellectually engaging questions. They are also enormously important for the practice of law before the EU and the national courts as virtually no area of practice remains unaffected by their application. The third edition of this book covers, inter alia, the following: the definition, scope of application, and function of general principles in EU law; the principles of proportionality and subsidiarity; equal treatment, legal certainty, and the protection of legitimate expectations; fundamental rights; the rights of defence; the right to good administration; the principle of effectiveness; the liability of EU institutions; and State liability for breach of EU law. New elements of the third edition include the following: the impact of the Treaty of Lisbon; general principles and the EU values; the expansion of general principles in the fields of criminal law and private law; the horizontal application of general principles; the principle of judicial protection; abuse of right; ne bis in idem; more detailed analysis of the EU Charter of Fundamental Rights; and the relationship between the general principles of EU law, the EU Charter, and the European Convention for the Protection of Fundamental Rights. The new edition of this authoritative study from a well-recognized expert in the area will be an invaluable point of reference for academics and legal practitioners alike.

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.