Download or read book Joint Practical Guide of the European Parliament the Council and the Commission for Persons Involved in the Drafting of Legislation Within the Community Institutions written by European Parliament and published by Luxembourg : Office for Official Publications of the European Communities. This book was released on 2003 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint Practical Guide of the European Parliament the Council and the Commission for Persons Involved in the Drafting of European Union Legislation written by and published by . This book was released on 2015 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than ten years, the Joint Practical Guide has proven to be a valuable tool in ensuring that the legal acts drawn up by the European Parliament, the Council and the Commission are drafted clearly and precisely. The principles set out in the Guide are the point of reference for matters of legislative drafting for the three institutions. However, since the first edition of the Guide was published in 2000, numerous changes have taken place in what is now Union law. It was necessary to consolidate the partial updates which were already available online and the adaptations introduced by the Lisbon Treaty into a new edition. This edition has also been simplified in certain respects and takes account of the most recent changes. Further developments are also expected; when the time comes, they will have to be integrated into the text of the Guide by the Reflection Group on Legislative Drafting, which will be responsible for ensuring it is kept up to date. The Joint Practical Guide is a platform of general drafting principles. Each institution uses the Guide alongside other instruments which contain specific standard formulations and more detailed practical rules.
Download or read book Drafting Legislation written by Constantin Stefanou and published by Routledge. This book was released on 2016-05-13 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Download or read book European Media Law written by Oliver Castendyk and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 1428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supplies an in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. It leads European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary.
Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
Download or read book The Legal Practice in International Law And European Community Law written by Carlos Jiménez Piernas and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.
Download or read book Legislation in Europe written by Ulrich Karpen and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Download or read book Criminal Proceedings Languages and the European Union written by Francesca Ruggieri and published by Springer Science & Business Media. This book was released on 2013-08-28 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).
Download or read book Institutional Translation for International Governance written by Fernando Prieto Ramos and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.
Download or read book The Routledge Handbook of Forensic Linguistics written by Malcolm Coulthard and published by Routledge. This book was released on 2010-03-30 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Forensic Linguistics provides a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in Forensic Linguistics. Forensic Linguistics is the study of language and the law, covering topics from legal language and courtroom discourse to plagiarism. It looks at the linguist as expert providing evidence for the defence and prosecution, investigating areas from blackmail to trademarks and warning labels. The Routledge Handbook of Forensic Linguistics includes a comprehensive introduction to the field written by the editors and a collection of thirty-seven original chapters written by the world’s leading academics and professionals, both established and up-and-coming, designed to equip a new generation of students and researchers to carry out forensic linguistic research and analysis. The Routledge Handbook of Forensic Linguistics is the ideal resource for undergraduates or postgraduates new to the area. Malcolm Coulthard is Professor of Forensic Linguistics at Aston University, UK. Author of numerous publications, the most recent being An Introduction to Forensic Linguistics (co-authored with Alison Johnson, Routledge, 2007). Alison Johnson is Lecturer in Modern English Language at Leeds University, UK. Previous publications include An Introduction to Forensic Linguistics (co-authored with Malcolm Coulthard, Routledge, 2007). Contributors: Janet Ainsworth, Michelle Aldridge, Dawn Archer, Kelly Benneworth, Vijay Bhatia, Ronald R. Butters, Deborah Cao, Malcolm Coulthard, Paul Drew and Traci Walker, Bethany Dumas, Diana Eades, Susan Ehrlich, Fiona English, Tim Grant, Peter Gray, Gillian Grebler, Mel Greenlee, Sandra Beatriz Hale, Chris Heffer, Elizabeth Holt and Alison Johnson, Kate Howarth, Michael Jessen, Krzystof Kredens and Ruth Morris, Greg Matoesian, Gerald McMenamin, Frances Rock, Laura Felton Rosulek, Nancy Schweda-Nicholson, Roger Shuy, Lawrence Solan, Elizabeth Stokoe and Derek Edwards, Peter Tiersma, Tatiana Tkaèuková, David Walsh and Ray Bull, David Woolls, and Jerome Bruner.
Download or read book Environmental Law and the Ecosystem Approach written by Froukje Maria Platjouw and published by Routledge. This book was released on 2016-05-05 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.
Download or read book International Economic Organizations and Law written by Asif H. Qureshi and published by Kluwer Law International B.V.. This book was released on 2012-04-10 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.
Download or read book Legislative Codecision in the European Union written by Anne Rasmussen and published by Routledge. This book was released on 2017-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume takes stock of twenty years of practising and studying codecision in the European Union (EU) and examines the procedure‘s long-term implications for the EU‘s institutions, politics and policies. The introduction of co-legislation between the Council of Ministers and the European Parliament in 1993 raised the prospect of increased parliamentary involvement in EU decision-making and promised a new era of more transparent, inclusive and accountable policy-making. This collection draws together contributions from diverse theoretical and methodological perspectives in order to analyse the extent to which codecision has delivered the expected gains and to review the unexpected effects that have followed from its introduction, such as the growing informalisation of EU decision-making. Using a combination of in-depth qualitative case studies, wider quantitative analyses, practitioners insights and a review of the procedure‘s democratic legitimacy the contributions offer a holistic assessment of the effect of co-decision on the political system of the EU.This book was published as a special issue of the Journal of European Public Policy.
Download or read book European Media Policy for the Twenty First Century written by Seamus Simpson and published by Routledge. This book was released on 2016-01-29 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media policy issues sit at the heart of the structure and functioning of media systems in Europe and beyond. This book brings together the work of a range of leading media policy scholars to provide inroads to a better understanding of how effective media policies can be developed to ensure a healthy communication sector that contributes to the wellbeing of individual citizens, as well as a more democratic society. Faced with a general atmosphere of disillusionment in the European project, one of the core questions tackled by the volume’s contributors is: what scope is there for European media policy that can exist beyond the national level? Uniquely, the volume’s chapters are structured around four key policy themes: media convergence; the continued role and position of public regulatory intervention in media policy; policy issues arising from the development of new electronic communication network environments; and lessons for European media policy from cases beyond the EU. In its chapters, the volume provides enriched understandings of the role and significance of policy actors, institutions, structures, instruments and processes in communication and media policy.
Download or read book The Role of Legal Translation in Legal Harmonization written by C. J. W. Baaij and published by Kluwer Law International B.V.. This book was released on 2012-07-18 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nine distinguished contributors, all leading experts and scholars in multilingual EU Law making, legal translation studies, comparative law or European (private) law, explore and analyse the legal translation praxis within EU legislative institutions appropriate for the purpose of legal harmonization, and examine both the potential and limitations of legal translation in the context of the developments of a single but multilingual EU Legal language.
Download or read book Tradition and Change in Legal English written by Christopher Williams and published by Peter Lang. This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume the author examines verbal constructions in prescriptive legal texts written in English. Modal auxiliaries such as shall, may and must are analysed, as well as indicative tenses such as the present simple, and also non-finite constructions such as the -ing form and -ed participles. Results are based on specially compiled corpora of prescriptive texts coming from a wide range of English-speaking countries and also international organizations such as the European Union and the UN. The author also analyses the nature, extent and impact of the calls for change in legal language coming from the Plain Language Movement. Although legal language tends to be depicted as being highly conservative and unchanging, the author shows that in certain parts of the English-speaking world a minor revolution would appear to be taking place, while in other parts there is greater resistance to change.
