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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:
Publish ahead of print - Articles will appear online throughout the
year, granting subscribers immediate access to the latest
developments in both HTML and PDF formats, without needing to wait
for the print volume
Email alerts - Anyone can sign up to receive Yearbook of European
Law content alerts - both of the annual volume and of content
published throughout the year
Searchable archive - The entire archive back to 1996 will be made
available to Yearbook of European Law subscribers
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.
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.
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