Download or read book General Principles of EU Civil Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Download or read book Civil Services in the EU of 27 written by Christoph Demmke and published by Peter Lang. This book was released on 2010 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares and analyses the national civil services and the most important reform trends in the 27 Member States of the European Union. The authors first examine the reform processes concerning civil servants' legal status, organisational changes, recruitment policies, remuneration, decentralisation of human resource responsibilities, job security and ethics. They consider in what ways similarities and differences can be detected amongst the 27 Member States and whether and to what extent the national civil services move away from traditional bureaucratic structures. Finally, the authors discuss the main outcomes of the reform processes and the future of the classical civil service. This publication contrasts with the many popular and speculative statements that too often capture the headlines on the future of the civil service and the different human resource management reforms. Instead, it is a measured conclusion about emerging trends and developments in this important policy area. The authors argue that the reform of the public sector will not, as many have predicted, be characterised by clear changes and progress in the area. Instead, the outcomes of the reform reveal a more complex picture of piecemeal and paradoxical patterns of change.
Download or read book Civil Law written by Council of the European Union. General Secretariat and published by . This book was released on 2005 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains selected legal texts and instruments on areas of judicial co-operation in European civil law, including the recognition and enforcement of judgements in civil and commercial matters, insolvency proceedings, contractual obligations, the service of documents, the taking of evidence, legal aid, and the European Judicial Network.
Download or read book The New EU Judiciary written by Emmanuel Guinchard and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
Download or read book Civil Servants and Politics written by C. Neuhold and published by Springer. This book was released on 2013-03-25 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study focuses on the changing relations between civil servants and politicians in the European Union in the last two decades. As well as national case studies this book also looks into politico-administrative relations in supranational institutions such as the European Commission and the European Parliament.
Download or read book EU Civil Service Law written by Oliver Mader and published by Bloomsbury Publishing. This book was released on 2024-07-25 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Since reading [the book], I have been enthusiastic and impressed by it ... It will undoubtedly be of great use to all staff employed by the EU institutions and agencies interested in knowing their rights and obligations in EU Civil Service Law, as well as to interested practitioners for finding their way into this thrilling area of EU law." Jan Inghelram, Director, Legal Adviser on Administrative Matters of the Court of Justice of the European Union (from the Foreword to the book) This practical commentary interprets EU Staff Regulations on the basis of a rich set of judgments handed down by the EU courts over more than 70 years, complemented by insightful case studies on recent landmark decisions. In addition to presenting key aspects of employment law applicable to officials and other agents of the EU institutions, the book considers future legal developments. Several important areas of Union law meet in the practice of civil service matters: fundamental rights; general principles of EU law; social and labour law; family and tax law; and procedural, administrative, institutional and constitutional law. Mader explores this intersection across chapters covering civil service law context, its legal framework and interpretative principles; it covers procedural and substantial EU civil service law and closes with a chapter on collective EU civil service law. The result is an invaluable English-language commentary by one of the field's leading figures, written for all staff employed by EU institutions (and similar bodies) and for all organisations that apply and interpret EU civil service law, as well as for colleagues working across EU law, civil service and public sector law.
Download or read book The Future of the European Law of Civil Procedure written by Fernando Gascón Inchausti and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Download or read book The Evolution of EU Law written by Paul P. Craig and published by . This book was released on 2011 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
Download or read book Principles Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Download or read book Europe in 12 Lessons written by Pascal Fontaine and published by . This book was released on 2017 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Union Law written by Catherine Barnard and published by Oxford University Press. This book was released on 2017 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
Download or read book Civil Services in the Accession States written by Danielle Bossaert and published by . This book was released on 2003 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evropski inštitut za javno upravo (EIPA) je izvedel primerjalno raziskavo o organizaciji in strukturi javne uprave v vseh 13 državah v pristopu, ki bodo v kratkem postale polnopravne članice Evropske unije. Raziskava temelji na odgovorih na vprašalnik, ki so ga države v pristopu prejele spomladi 2002; razdeljena je na šest delov s poudarki na oceni reformnih procesov, analizi modelov in strukture javne uprave, kadrovski politiki, usklajevanju zakonodaje, skupnih značilnostih in razlikah, vplivih evropskega integracijskega procesa na upravljanje posameznih držav in drugo.
Download or read book The Law of the International Civil Service written by Gerhard Ullrich and published by . This book was released on 2018-05 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction 1. BAsic elements The international organisations - The employment law of the international civil service 2. THe sources of international civil service law Statutory employment law and general legal principles: basics and survey - The general legal principles of the international civil service law - The typical structures and elements of employment rules 3. THe system of legal protection for the international civil service: The international administrative tribunals General - International administrative tribunals and their legal proceedings Bibliography Index
Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Download or read book European Non discrimination Law written by Sarah Haverkort-Speekenbrink and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, contemporary multicultural issues raise the question as to whether the overlap between the non-discrimination regimes of the European Union and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race, and religious discrimination in a similar manner or would these courts take a different approach? This study consists of three parts. First, an analysis is presented of the EU non-discrimination Directives 2006/54, 2000/43, and 2000/78, and the ECJ's assessment in cases of alleged sex, race, and religious discrimination in the public workplace. This is followed by an examination of the non-discrimination provisions of the European Convention on Human Rights (ECHR) and the right to freedom of religion. Further, the ECtHR's assessment in cases involving potential discrimination in the public workplace based on sex, race, and religion are examined. In the final section, a comparison is made between the provisions and the assessment of the ECJ and the ECtHR. Besides a look at European legislation, case law, and academic literature, this research also uses a legal case study to explore the similarities and differences between the non-discrimination regimes. Accordingly, the theory is again discussed, but now in light of a much debated issue in Europe: the wearing of the Islamic headscarf in public employment. The result of the study is a detailed explanation of the relevant similarities and differences between the approaches of the two courts to claims of discrimination. (Series: School of Human Rights Research - Vol. 59)
Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
