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This timely book examines the field of European and global
standardisation, showing how standards give rise to a multitude of
different legal questions. Each chapter offers in-depth analysis of
a number of key policy areas such as food safety, accounting,
telecommunications and medical devices. These multi-disciplinary
contributions go beyond the field of law, and provide
cross-disciplinary comparisons. Demonstrating how standards enter
the European legal system in a variety of ways, the book studies
their relevance for public and private law alike. While the trade
advantages of using standards in regulation are undeniable, the
contributors elucidate how standard-setting processes have departed
from the purely private realm to enter the stage of public
regulation. This inevitably raises the issue of whether
standardisation is supported by sufficient legitimacy guarantees.
The contributions provide valuable insights to answering this
question, highlighting cross-cutting reflections on the topic, and
case studies on specific policy areas. This analytical book will be
of interest to students and scholars researching in the fields of
EU and global standardisation, EU law and trade law. It will also
be a useful resource for practitioners focusing on regulation and
standardisation. Contributors include: D. Bevilacqua, M. Cantero
Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M.
Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P.
Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato
In its case law the Court of Justice of the European Union has
acknowledged general principles of EU law, which have a
constitutional status. In addition the Court of Justice has also
recognised 'general principles of civil law', relying upon values
which are traditionally rooted in the domain of private law.The
pervasive use of principles, both in the case law of the Court of
Justice and in other EU projects of 'soft' and 'hard' law,
challenges legal scholarship. Although the concepts of principles
and rules have been widely discussed within the context of national
legal orders, they need to be rethought at the European level,
because the traditional view of a principle does not fit the
European Union's constitutional architecture. This also applies to
the general principles of civil law, for instance good faith. They
also have to be redefined to be consistent with the European
Union's legal order.The contributions in this book examine EU
general principles and their distinction from rules both within the
context of the European Union as well as of the Member States.
Moreover, they focus on the relevance of EU general principles for
contract law and of principles of civil law for a European contract
law.
In numerous fields of law, ranging from family law to company law,
private actors increasingly set their own rules, revert to private
enforcement of those rules and choose the applicable law. Within
each field this tendency has already been scrutinised. Until now,
however, few attempts have been made to look at these phenomena
together with a view to arriving at conclusions that go beyond one
specific field. This book is a first attempt to fill this gap. It
is relevant for scholars and practitioners working in the
individual fields of law covered (private international law,
company law, family law, consumer law and commercial law) as well
as for scholars and policy makers trying to grasp the overall
nature of the increasing privatisation of the law.
The book examines the rights of defendants in infringement
procedures and those of the notifying parties in merger proceedings
before the European Commission and the Chinese competition
authorities. The initial chapters offer a general introduction to
EU and Chinese competition law respectively, paying particular
attention to the substantive rules of competition law. Subsequent
chapters present an overview of the procedural rights of the
notifying parties in merger cases in both legal systems surveyed,
address the procedural rights of defendants in infringement cases,
and provide an international perspective on differences in the
notification and enforcement procedures between legal systems. The
final chapter draws comparative conclusions and includes a number
of suggestions for improvement.
The book examines the rights of defendants in infringement
procedures and those of the notifying parties in merger proceedings
before the European Commission and the Chinese competition
authorities. The initial chapters offer a general introduction to
EU and Chinese competition law respectively, paying particular
attention to the substantive rules of competition law. Subsequent
chapters present an overview of the procedural rights of the
notifying parties in merger cases in both legal systems surveyed,
address the procedural rights of defendants in infringement cases,
and provide an international perspective on differences in the
notification and enforcement procedures between legal systems. The
final chapter draws comparative conclusions and includes a number
of suggestions for improvement.
This open access book offers a comparative and inter-disciplinary
perspective on the unique competition law challenges presented by
the converged digital markets. Following the digitalisation of even
the most traditional brick and mortar sectors of the economy, a
well-functioning internal market can only be guaranteed by ensuring
the competitiveness of the digital markets. What role do
intellectual property law and competition law play in this digital
world? How can a more economic analysis strengthen innovation
policies to achieve a truly competitive digital single market? The
book provides a rigorous discussion of the many reasons why the
regulatory responses, not just in Europe, but in other
jurisdictions too, may fall short. It addresses an array of
procedural, substantive, and other issues that are generating
intense debate across the antitrust community. This includes the
scope and objectives of digital regulation, whether the application
of ex-ante rules would result in fragmentation and inconsistencies,
and whether such regulatory regimes are an appropriate tool for
substantive assessment. The book explores whether the application
of these rules would effectively tackle the competition enforcement
challenges seen under the competition laws, whether they can be
applied without undermining other rights such as privacy, and
whether they are appropriate for this digital age as well as the
new digital era ahead of us. Part 1 offers a detailed
inter-disciplinary perspective on the most recent legislative
solutions in the European Union, namely, the Digital Services Act,
the Digital Markets Act, and the Data Act. Part 2 offers
competition and regulatory responses to these ever-emerging digital
challenges by the UK, Latin American, Indian and Chinese
regulators. The ebook editions of this book are available open
access under a CC BY 4.0 licence on bloomsburycollections.com.
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