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Appeals Before the Court of Justice of the European Union

Naômé Caroline

This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of ... More

This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property. This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know. Less

Brexit and the Future of the European Union: The Case for Constitutional Reforms

Federico Fabbrini

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the ... More

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects.Less

Commentaries on European Contract Laws

Nils Jansen and Reinhard Zimmermann

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as ... More

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law. Less

Commentary on the European Insolvency Regulation

Reinhard Bork and Kristin van Zwieten (eds)

This book provides a detailed article-by-article commentary on the recast EU Regulation on Insolvency Proceedings (EIR), written by a group of experts drawn from several European jurisdictions. The ... More

This book provides a detailed article-by-article commentary on the recast EU Regulation on Insolvency Proceedings (EIR), written by a group of experts drawn from several European jurisdictions. The commentary is prefaced by an introductory chapter that explains the rationale for the EIR, charts the background to its enactment, and sketches its key features as originally made and as recast. The commentary that follows has been published in time to cover the long-awaited and much-debated recast Regulation which was finalised in 2015. The introduction of the recast EIR has given authors and editors the opportunity to analyse a newly drafted and modernised law, containing a highly sophisticated set of rules designed to enhance the effectiveness and efficiency of Member State insolvency laws in cross-border cases. The timing of publication will enable practitioners and scholars to equip themselves with a thorough understanding of the recast EIR ahead of full implementation in 2017. The article-by-article analysis has a multi-jurisdictional focus which reports and evaluates significant developments in the application of the Regulation across Member States. This is a key new work for all those who advise on or research European insolvency law. Less

The Constitutional Theory of the Federation and the European Union

Signe Rehling Larsen

What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the ... More

What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the absence of an agreed response, most scholars implicitly avoid the issue by suggesting that the European Union is sui generis. This book challenges the sui generis thesis by demonstrating that the European Union is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely the state and the empire. Therefore, the federation cannot be understood on the basis of the theory of the state, hereunder the concept of sovereignty. The ‘statist’ worldview still dominates both the debates on federalism and the European Union, meaning that all federal polities are seen either as ‘confederal’ associations of sovereign states or as sovereign federal states. The book challenges the statist schism of ‘federal’ versus ‘confederal’ by demonstrating that the federation is a discrete political form with a discrete constitutional theory, characterized by its own strengths and weaknesses. The federation is a political union of states founded on an interstate agreement of a constitutional nature, a federal compact, that does not absorb the Member States into a new state. It is characterized by a double political existence and the internal absence, contestation, or repression of sovereignty.Less

EU Administrative Law

Paul Craig

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition ... More

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman. Less

EU Banking and Insurance Insolvency

Gabriel Moss QC, Bob Wessels, and Matthias Haentjens

Following the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank ... More

Following the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank insolvency law, and will have a profound effect on the way banks function. The second edition of EU Banking and Insurance Insolvency evaluates these important developments and their implications for the Eurozone countries. A comprehensive general introduction sets out the EU insolvency law framework and the principles which govern financial institutions. The book provides detailed commentary on the Bank Recovery and Resolution Directive (BRRD) and Single Resolution Mechanism Regulation (SRMR), the legislative instruments central to the EU's response to the crisis, intended to harmonize Member States law. It considers the new powers given to government authorities under the BRRD to write down shares and debt instruments issued by banks, and the function of the newly created 'Single Resolution Board'. Commentary on the Winding-Up Directive (2001/24/EC) and the Insurance Insolvency Directive (2001/17/EC) discusses the significant changes these statutes have undergone as a consequence of the adoption of the BRRD and SRMR, as well as several high-profile court cases decided on the interpretation of these two statutes, including the Landsbanki and Kaupthing cases, and the Lehman Brothers, Isis Investments, and Heritable Bank cases. This is an invaluable practitioner guide to the new European banking insolvency regime, written by experts in the field. Less

EU Customs Law

Timothy Lyons QC

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also ... More

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Union Customs Code and secondary legislation, and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax. Less

The EU General Data Protection Regulation (GDPR): A Commentary

Christopher Kuner, Lee A. Bygrave, Christopher Docksey, and Laura Drechsler (eds)

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the ... More

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation. Less

The EU Law of Economic and Monetary Union

Fabian Amtenbrink, Christoph Herrmann, and René Repasi (eds)

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative ... More

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform. Less

The EU Treaties and the Charter of Fundamental Rights: A Commentary

Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin (eds)

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are ... More

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects. Less

European Contract Law

Hein Kötz

This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while ... More

This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond. Less

European Cross-Border Insolvency Law

Reinhard Bork and Renato Mangano

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the ... More

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that. Less

The European Union and Human Rights: Law and Policy

Jan Wouters, Manfred Nowak, Anna-Luise Chané, and Nicolas Hachez (eds)

With the Treaty of Lisbon, the profile of human rights issues has greatly risen in relation to European Union (EU) policies, whether internal or external. The EU has made the commitment to ensure ... More

With the Treaty of Lisbon, the profile of human rights issues has greatly risen in relation to European Union (EU) policies, whether internal or external. The EU has made the commitment to ensure that all its actions are compliant with human rights, and to seek to promote them. Yet, the Union’s commitment has come under close scrutiny, not only for its groundbreaking character, but also because recent events have put it to the test. The EU has been faced with a number of crises such as the financial-economic crisis and the imposition of austerity measures, the migration crisis, and terrorist attacks. At the same time, the EU has made significant steps to implement its human rights commitment, such as through the binding character of the EU Charter of Fundamental Rights, the adoption of the Strategic Framework and Action Plan on human rights and democracy, and the adoption of human rights country strategies for a large number of third countries. This volume takes stock of these developments. It comprehensively discusses the conceptualisation and operationalisation of the EU’s commitment to human rights throughout its actions, legislative activities, policies, and relationships, and critically assesses them.Less

European Welfare State Constitutions after the Financial Crisis

Ulrich Becker and Anastasia Poulou (eds)

At a time when Europe is in the grip of a new crisis, it is especially useful to look back at the experiences of the European welfare states’ constitutions during the most recent financial crisis. ... More

At a time when Europe is in the grip of a new crisis, it is especially useful to look back at the experiences of the European welfare states’ constitutions during the most recent financial crisis. This book provides unique insights by analysing social protection reforms undertaken in nine European countries, from both a social law and a constitutional law perspective. It highlights the mixture of short-term cuts in benefits and of structural changes in social protection schemes. The crisis might have helped to further the partial and temporary implementation of reforms, but it certainly cannot spare us from the debates and political compromises that are unavoidable in order to reform social protection thoughtfully and thoroughly. Moreover, the book records the outcome of relevant constitutional review proceedings and thereby demonstrates that, even if corrections remained restricted to relatively few cases, social rights matter. The financial crisis advanced their protection one step further, but left many questions open. One lesson is of paramount importance, also for helping us overcome the current pandemic crisis: we need a substantial and commonly accepted agreement in the Europe Union on how to balance the economy and social protection in the future.Less

The Law & Politics of Brexit: Volume II: The Withdrawal Agreement

Federico Fabbrini (ed.)

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a ... More

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.Less

Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Gabriel Moss, Ian F. Fletcher, and Stuart Isaacs (eds)

This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work ... More

This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017. Less

New Legal Approaches to Studying the Court of Justice: Revisiting Law in Context

Claire Kilpatrick and Joanne Scott (eds)

This volume has its origins in the 2017 Academy of European Law summer course on the Law of the European Union which focused on new legal approaches to studying the Court of Justice. The chapters ... More

This volume has its origins in the 2017 Academy of European Law summer course on the Law of the European Union which focused on new legal approaches to studying the Court of Justice. The chapters explore a number of innovative legal approaches to studying the Court. Each of these approaches differs from the classic, and still dominant, doctrinal work of understanding and systematizing the Court’s jurisprudence. Developing critical, large data, historical, sociological, and reflective institutional approaches to the Court of Justice, the contributors aim to enrich our understanding of the Court of Justice and to expand our understanding of the range of methods, approaches, and sources available to study it. The contributions exemplify the inter-disciplinarity, which increasingly characterizes the study of the CJEU.Less

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Robert Schütze and Takis Tridimas (eds)

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 ... More

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU. Less

Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument

Katalin Ligeti, John Vervaele, and André Klip

Katalin Ligeti and Gavin Robinson (eds)

This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law ... More

This edited volume is based on the European Law Institute's project, 'The Prevention and Resolution of Conflicts of Exercise of Jurisdiction in Criminal Law', co-ordinated by the European Law Institute (ELI) and the University of Luxembourg. The project ran from 2013 to 2017 and was conducted under the auspices of the ELI and the Luxembourg National Research Fund (FNR). The study sought to explore options for a coherent regulatory mechanism for the prevention and settlement of conflicts of jurisdiction in criminal law. Currently, there is no binding instrument establishing a mechanism to resolve conflicts of (exercising) jurisdiction in criminal matters in the EU, although such a mechanism is essential for the effective functioning of a European criminal justice area based on mutual recognition. Building on empirical research and a comparison with civil law solutions to the problem of conflicts of jurisdiction, this volume seeks to impact the EU policy debate by proposing three fully-formed models for legislative action, coupled with extensive analysis of related themes. Less