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Bridging the Prosperity Gap in the EU addresses the great social
challenge currently facing the European Union. Taking an
interdisciplinary approach, the authors invaluably pinpoint both
overarching problems and possibilities associated with the social
dimension of European integration. Prominent researchers of
economics, law and political science tackle this complex issue,
providing new solutions within their respective fields of
expertise. The chapters cover crucial policy challenges and analyse
fundamental mechanisms that limit, or otherwise affect, the
evolution of a European social dimension. These insights clarify
the far-reaching measures that will be needed to gradually restore
the balance between market integration and social protection across
the European Union. Illustrating the importance of cohesion, this
book is vital for those interested in comparative European studies,
from backgrounds in public and social policy, law and economics.
Contributors include: U. Bernitz, N. Charron, A.-C. Jungar, A.-S.
Lind, M. Ljunge, L. Magnusson, M. Martensson, S. Murhem, P. Nyman,
L. Oxelheim, J. Paju, T. Persson, B. Rothstein, J. Ruist, J.J.
Votinius
The changes made by the Lisbon Treaty suggest that its entry into
force in December 2009 marks a new stage in the shaping of the EU's
commitment to the protection of fundamental rights. This book's
concern is to provide an examination of the several (and
interlocking) challenges which the Lisbon reforms present. The book
will not only address the fresh and intriguing challenges for the
EU as an entity committed to the protection and promotion of
fundamental rights presented by developments 'post-Lisbon', but
also a number of conundrums about the scope and method of
protection of fundamental rights in the EU which existed
'pre-Lisbon' and which endure. The book consists of three parts.
The first part is concerned with the safeguarding of fundamental
rights in Europe's internal market. The second part of the book is
entitled 'The Scope of Fundamental Rights in EU Law' and the
chapters discuss the reach of fundamental rights and their
horizontal dimension. The last part of this book deals with 'The
Constitutional Dimension of Fundamental Rights' analysing the
special relationship between the ECJ and the ECtHR and the issue of
rights competition between the EU Charter on Fundamental Rights,
the European Convention on Human Rights and national rights
catalogues.
This book addresses and highlights the core issues concerning
general principles of EU law and their relationship with and impact
on private law. With the entry into force of the Lisbon Treaty, the
EU Charter of Fundamental Rights became a legally binding source of
primary law and highlights, together with the General Principles of
EU law, the importance of fundamental rights in the legal system of
the Union. This increased visibility means that private parties
have begun to rely on fundamental rights arguments in proceedings
in front of national courts and Union courts more and more often.
Amongst many other issues this development brings important
questions relating to the effects of EU fundamental rights on
private law to the forefront. After an introductory chapter by the
editors the following four overarching themes provide the structure
of this book and broadly reflect the approaches discussed in its
eighteen essays:; the methodology and theory in the elaboration of
new General Principles of EU law; the Constitutionalization of
private autonomy in EU law; issues of horizontal direct effect
viewed from conceptual, sectoral and remedial perspectives; and the
relationship between General Principles and competition law. This
book reflects the continuous relevance and the need to re-examine
the effects and the status of General Principles of EU law, which
have been dealt with already twice before (in 1999 and 2007) by the
group that has compiled the present volume,the Swedish Network for
European Legal Studies. The discussion that emerges is, here as
before, of immense significance both for theoretical legal studies
and for legal practice. The eighteen essays here printed are all
final author-edited versions of papers first presented at the
Network's conference in Stockholm in November 2012. The authors
include both eminent, well-known experts, and representatives of a
new generation of younger scholars in the field.
What are the basic principles underlying European Community Law?
Although no one seeks a purely descriptive answer to this question,
the discussion it gives rise to is of immense significance both for
theoretical legal studies and for legal practice. Over the years,
scholars have convened from time to time to re-examine the question
in the light of new developments. This important volume offers
insights and findings of the latest such conference, held at
Stockholm in March 2007, and sponsored by the Swedish Network for
European Legal Studies. The nineteen essays here printed are all
final author-edited versions of papers first presented at that
conference.
Far from merely an updating of the First Edition, which marked a
1999 conference held under the same auspices at Malmo, this book is
entirely new. It underscores the importance of discovering the
emergence of new general principles - linked, indeed, to such
fundamental continuing concerns as democracy, accountability,
transparency, direct effect, good administration, and European
citizenship - as they develop in such increasingly important areas
as the following:
- core aspects of competition and financial integration law;
- the ongoing process of European constitutionalization;
- the application of general principles in the new Member
States;
- the growth of European private law;
- the successive creation of a jus commune europaeum; and
- the instrumental function of the EC Court.
There is also special consideration attached to such overriding
issues as the gap-filling function of the principles within the
Community legal system, and the implications of the use of a
comparative methodology. The authorsinclude both eminent,
well-known experts, many of whom took part in the 1999 Conference,
and representatives of a new generation of younger scholars in the
field.
For the myriad parties involved in the evolution of the European
project from a legal perspective, this book serves as a watershed,
a thorough inspection of the foundations as they are perceived and
understood at the present moment. It is sure to be consulted and
cited often in the years to come.
This text is based on a selection of papers presented at the
Conference in Malm, Sweden, which was organized by the Swedish
Network for European Legal Studies in co-operation with the Faculty
of Law of the University of Lund. The purpose of the conference was
to analyze general principles and their scope in the EU legal order
with special emphasis on their role in the creation of a jus
commune europaeum. The impact of the general principles of
Community Law at the national level was analyzed and also how these
principles have been transformed into the national legal systems.
Also discussed was the creative process behind the shaping and
further development of the general principles and their
application. Due to their complex nature, the general principles
offer a more or less unlimited field for theoretical legal studies.
At the same time, the general principles play a very important role
in legal practice, not least when used as instruments for the
protection of individuals and firms against too far-reaching
measures taken by the European institutions or Member States.
This book represents the fruit of a conference held in Oxford on
March 3, 2006 under the auspices of the Institute of European and
Comparative Law in the Oxford University Law Faculty. Directive
2005/29 is an important new measure in the construction of a legal
framework apt to promote an integrated economic space in the
European Union. It establishes a harmonised regime governing the
control of unfair commercial practices. As such it represents an
important exercise in the use of new rules and new techniques, and
therefore poses new challenges to EU lawyers. The purpose of this
book is to inform and to explore the issues raised by the
Directive, issues which are of academic and practical interest, in
helping to understand the evolution of European consumer law within
the broader programme of European market regulation. The intense
practical significance of this Directive, which heralds a new
regime, is likely to provoke commercial operators to seek to
exploit opportunities to pursue practices previously suppressed.
The growing use of private labels in recent years has affected
significantly the landscape of retail competition, with major
retailers no longer being confined to their traditional role as
purchasers and distributors of branded goods. By selling their
own-label products within their outlets they are competing with
their upstream brand suppliers for sales and shelf space. This
unique relationship, and the continued strengthening of private
labels, raises important questions as to their pro-competitive
effects and possible negative effects.
This book provides an in-depth review of the range of competitive
and intellectual property issues raised in connection with private
brands in Europe and the US. It examines the development of private
labels and their impact on retail competition, then moves on to
focus on policy and questions the adequacy of current economic and
legal analysis in light of the characteristics of own-label
competition, and finally it presents a thorough evaluation of the
legal issues in the field, including chapters on horizontal and
vertical effects, dominance, mergers and acquisitions, intellectual
property, copycat packaging and consumer welfare.
The book contains a collection of essays reflecting the debate on
the impact of private labels upon competition, investment and
innovation in the retail sector. The ideas and arguments underlying
the articles have been developed through a series of seminars held
in the Oxford Centre for Competition Law and Policy over the last
three years. Participants in these seminars have included
competition officials, law academics, practitioners and
representatives from industry.
The financial crisis has brought about a revival of state
protectionism across the globe. Most Western leaders have made a
virtue of big government and state intervention; bail-outs and
Sovereign Wealth Funds have been among the first responses to the
economic contraction. Company law rules are one of the instruments
frequently used to restrict or to discourage integration or to
deter foreign investment. Examples for the new protectionism can be
seen in a wide range of legislative and regulatory measures, for
instance state measures preventing foreign takeovers, 'golden
shares' or laws on foreign direct investment targeting Sovereign
Wealth Funds, mainly from Asia.
This book presents timely research by a number of company law and
EU law experts into this field of law. The chapters cover a broad
range of topics, spanning from takeovers/mergers over the one
share-one vote debate through to the foreclosure of markets against
Sovereign Wealth Funds.
The entry into force of the Treaty of Lisbon in 2009 caused the
EU's Charter of Fundamental Rights to be granted binding effect.
This raised a host of intriguing questions. Would this transform
the EU's commitment to fundamental rights? Should it transform that
commitment? How, if at all, can we balance competing rights and
principles? (The interaction of the social and the economic spheres
offers a particular challenge). How deeply does the EU conception
of fundamental rights reach into and bind national law and
practice? How deeply does it affect private parties? How much
flexibility has been left to the Court in making these
interpretative choices? What is the likely effect of another of the
reforms achieved by the Lisbon Treaty, the commitment of the EU to
accede to the ECHR? This book addresses all of these questions in
the light of five years of practice under the Charter as a binding
instrument.
The entry into force of the Treaty of Lisbon in 2009 caused the
EU's Charter of Fundamental Rights to be granted binding effect.
This raised a host of intriguing questions. Would this transform
the EU's commitment to fundamental rights? Should it transform that
commitment? How, if at all, can we balance competing rights and
principles? (The interaction of the social and the economic spheres
offers a particular challenge). How deeply does the EU conception
of fundamental rights reach into and bind national law and
practice? How deeply does it affect private parties? How much
flexibility has been left to the Court in making these
interpretative choices? What is the likely effect of another of the
reforms achieved by the Lisbon Treaty, the commitment of the EU to
accede to the ECHR? This book addresses all of these questions in
the light of five years of practice under the Charter as a binding
instrument.
The law on marketing and advertising has undergone profound changes
based on the EU directives on unfair commercial practices and
misleading and comparative advertising. The legislation partially
requires full harmonisation and contains a comprehensive blacklist
of prohibited practices. However, in other areas, only minimum
harmonisation is required. A comprehensive case law from the CJEU
has emerged, but still many issues remain open, unclear and
debated. The EU Commission has an active interest in the field and
has published numerous reports on the question. In addition it has
developed revised, comprehensive guidelines on marketing business
to consumer (B2C), which are fully discussed here. Further
Commission initiatives in the area on business to business (B2B)
marketing are also in the making, underlining the importance of
this new collection.
The law on marketing and advertising has undergone profound changes
based on the EU directives on unfair commercial practices and
misleading and comparative advertising. The legislation partially
requires full harmonisation and contains a comprehensive blacklist
of prohibited practices. However, in other areas, only minimum
harmonisation is required. A comprehensive case law from the CJEU
has emerged, but still many issues remain open, unclear and
debated. The EU Commission has an active interest in the field and
has published numerous reports on the question. In addition it has
developed revised, comprehensive guidelines on marketing business
to consumer (B2C), which are fully discussed here. Further
Commission initiatives in the area on business to business (B2B)
marketing are also in the making, underlining the importance of
this new collection.
The essays gathered in this collection examine the involvement of
self-governing sub-national and regional actors in the law and
policy-making of the European Union. State power is today exercised
in the context of the complex institutional environment of the EU.
But what of regions and sub-national actors? Are their interests
adequately represented; can they advance them or can they,at least,
protect them from unwitting or calculated damage? This book surveys
the broad questions of law and political science and investigates
the contribution of the EU's Committee of the Regions and also
'bottom-up' initiatives launched by the regions themselves. Given
that much regional autonomy has been hard won, one would suppose
that the centralising influence flowing from the EU's intrusion
into the domestic settlement would be treated with extreme caution
by the regions. Moreover, among the Member States there is great
diversity in the patterns of political organisation adopted to cope
with the tension between the centralisation of power and respect
for local autonomy. Case studies including Spain, Germany and
Finland reveal that there is no single consistent historical
narrative. States change, as the UK's recent experience
illustrates. The book offers findings that are interesting at a
general level in investigating patterns of multi-level governance,
but is also rich in case-specific information.
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