Download or read book The Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Download or read book International Tax Law written by Andrea Amatucci and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a century of solid theory behind it, tax law confronts a new reality: the weakening of the tenacious link between the sovereignty of states and taxation. Yet it is to the continuity of certain themes and principles inherent in the various national tax systems that tax law scholarship continues to look, even as it develops new principles designed to meet the expanding processes of internationalization. This completely updated collection of essays offers an expert comparative analysis, conducted by a sample of the best international tax law scholars, of the fundamental theory of tax law and of the prospects in the near future of tax legislative systems. The emphasis falls naturally on tax theory, jurisprudence, and legislative development in the Member States of the European Union (particularly in Italy, Germany, and Spain), where the process of tax harmonization has been under way for many years. The effect of these processes, via the relevant tax treaties, on the tax systems of Japan and the United States provides a secondary emphasis. Practitioners and academics in tax law will find in this book an invaluable understanding of the challenges that tax law theory strives to meet at this crucial moment in economic history. The essays present a full and reliable exposition of the current theoretical approaches adopted by the various schools of thought in the field, as well as of the main contributions of jurisprudence.

Download or read book Treaty on the Functioning of the European Union A Commentary written by Hermann-Josef Blanke and published by Springer Nature. This book was released on 2021-05-31 with total page 1699 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antitrust between EU Law and national law Antitrust fra diritto nazionalee diritto dell unione europea written by Enrico Adriano Raffaelli and published by Bruylant. This book was released on 2019-09-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights. Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. * * * Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell’Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell’Unione degli Avvocati Europei (UAE), dell’Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell’Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell’Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all’applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell’attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.

Download or read book Politics and Finance in the European Union written by Francesco Capriglione and published by CEDAM. This book was released on 2016-03-09 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial and sovereign debt crisis, while turning the spotlight into the degenerating effects of modern-day capitalism, has engendered a series of hard-to-control events that are severely testing the stability of the European institutions. The adjustments, to date, have proved unable to adequately tackle the financial turmoil that is undermining the construction of the EU. Hence the need to identify the reasons behind this situation, which is accompanied by the failure to achieve an osmosis between the member countries of the Union. The objective to be pursued is clarifying the uncertainties and contradictions within Europe, for the purpose of addressing what many see as a “systemic crisis”.

Download or read book The Just Culture Principles in Aviation Law written by Francesca Pellegrino and published by Springer Nature. This book was released on 2019-09-09 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.

Download or read book The Court of Justice and the Construction of Europe Analyses and Perspectives on Sixty Years of Case law La Cour de Justice et la Construction de l Europe Analyses et Perspectives de Soixante Ans de Jurisprudence written by Court of Justice of the European Un and published by Springer Science & Business Media. This book was released on 2012-12-05 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.

Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

Download or read book The European Union after Lisbon written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2011-10-12 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

Download or read book Visa Policy within the European Union Structure written by Annalisa Meloni and published by Springer Science & Business Media. This book was released on 2006-01-16 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the common visa policy as a case study on the constitutional structure of the European Union. After introducing the nature of visas, the book concentrates on the difficulties in forging a common visa policy at European level. Cooperation on visas has been characterized by a continuous reformulation of the framework for cooperation. The book describes cooperation before the Treaty on European Union adopted at Maastricht, under the Maastricht Treaty, and under the Treaty of Amsterdam. Furthermore, the book traces the essential characteristics of the common visa policy.

Download or read book Insurance in Private International Law written by Francesco Seatzu and published by Hart Publishing. This book was released on 2003-07 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an analysis of insurance in private international law for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means.

Download or read book The Armenian Massacres of 1915 1916 a Hundred Years Later written by Flavia Lattanzi and published by Springer. This book was released on 2018-05-30 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state’s obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

Download or read book Antitrust between EU law and national law Antitrust fra diritto nazionale e diritto dell Unione Europea written by Enrico Adriano Raffaelli and published by Primento. This book was released on 2013-02-22 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the Tenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 17 and 18 , 2012 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. Contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, company lawyers, academics and EU/national institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those relative to the large-scale distribution sector and the control of concentrations at both national and European level. Ample consideration is also given to salient antitrust issues encountered in undertakings’ day-to-day business life, as well as to the future of antitrust in the global economy, also in the light of the new powers recently attributed to the Italian Antitrust Authority to challenge administrative acts. This volume also includes some precious insights on the assessment and quantification of damages in antitrust infringements, from both an economic and legal perspective, as well as reflections on the role of judges in the application of antitrust law, also following the principles set forth by the European Court of Human Rights in the well-known Menarini case.

Download or read book Il diritto al ricongiungimento familiare e la sua tutela multilivello written by Erjona Canaj and published by Edizioni Nuova Cultura. This book was released on 2014-02-12 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il presente libro si prefigge l’obiettivo di contribuire al chiarimento delle modalità operative utilizzate dall’attuale sistema giuridico comunitario europeo per la tutela del diritto all’unità familiare, e in particolare al diritto al ricongiungimento familiare dell’individuo. Da un punto di vista formale il diritto al ricongiungimento familiare gode di una tutela internazionalistica, comunitaria e nazionale. Nel presente libro viene esaminata la tutela della famiglia e i ricongiungimenti familiari nell’ambito delle Convenzioni internazionali a protezione dei diritti umani; il ricongiungimento familiare e la tutela della vita familiare nello spazio giuridico; diritti dei familiari del cittadino europeo nella normativa e nella giurisprudenza europea; la disciplina contenuta nelle direttive 2004/38/CE e 2003/86/CE; il rapporto tra diritto europeo al ricongiungimento familiare e il rispetto delle norme nazionali in materia di ingresso e di soggiorno degli stranieri. Una parte importante in questo lavoro viene dedicato al diritto al ricongiungimento familiare nel diritto interno, ossia la tutela dell’unita familiare in Italia a norma del Testo Unico immigrazione 296/98. The present book is a contribution to the clarification of operating procedures used by the current legislation of the European Union for the protection of the right to family unity, and in particular the right to family reunification of individuals. From a formal point of view the right to family reunification, enjoys international and national protection. This book examines the protection of family life and family reunification within the framework of international conventions on human rights, family reunification and the protection of family life in the area of justice, the rights of family members of European citizens in the EU legislation and the case law; the rules set by the Directives 2004/38/EC and 2003/86/EC, the relationship between EU legislation on family reunification and the respect of national rules governing the entry and residence of migrants. An important part of this work is dedicated to the right of family reunification in the national law, namely to protect the family unit in Italy in accordance with the Consolidated immigration no. 296/98.

Download or read book Policing Mobility Regimes written by Giuseppe Campesi and published by Routledge. This book was released on 2021-08-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 30 years after its birth, the Schengen area of free movement is under siege in Europe: new barriers are being erected along land borders, military assets are increasingly deployed to patrol the Mediterranean, while sophisticated surveillance tools are used to keep track of the flows of people crossing into European space. Bringing together perspectives from political geography, critical criminology and legal theory, Policing Mobility Regimes offers a systematic analysis of the impact that Frontex is having on migration control strategies at the EU level and offers a detailed empirical description of the agency’s organization and operational activities. In addition, this book explores the meaning behind the attempt at developing a post-national border control strategy and what effect this might have on the geopolitics of Europe’s borders. It contributes to the wider theoretical debate on the relationships among migration, security and the transformation of borders in contemporary Europe. An accessible and compelling read, this book will appeal to all those engaged with criminology, sociology, geography, politics and law as well as all those interested in learning about Europe’s changing borders.

Download or read book Emerging Technologies written by Edna F. Einsiedel and published by UBC Press. This book was released on 2009-07-01 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we think about these radical technologies? Too often our social reactions to new technologies occur only in hindsight, after a technology has penetrated the marketplace. However, recent experience teaches that much may be gained by practising forethought and foresight. Emerging Technologies addresses the ethical, legal, and social dimensions of emerging technologies and assesses their social and policy implications. Contributors examine the development, impact, and governance of new technologies emerging from a variety of fields, including biotechnology, genetics, stem cell research, pharmacology, and nanotechnology.