Download or read book The EU Charter of Fundamental Rights written by Giacomo Di Federico and published by Springer Science & Business Media. This book was released on 2010-12-02 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Download or read book Solidarity A Normative Principle written by Guido Alpa and published by Kluwer Law International B.V.. This book was released on 2023-05-17 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.

Download or read book The Routledge Handbook of EU Copyright Law written by Eleonora Rosati and published by Routledge. This book was released on 2021-04-21 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

Download or read book Fundamental legal problems of surrogate motherhood Global perspective written by Piotr Mostowik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019-07-01 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt: The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.

Download or read book Citizenship Rights and Freedom of Movement in the European Union written by Francesco Rossi dal Pozzo and published by Kluwer Law International B.V.. This book was released on 2013-07-11 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.

Download or read book Varieties of Religious Space Freedom Worship and Urban Justice written by Melisa Liana Vazquez and published by Roma TrE-Press. This book was released on 2024-05-07 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negli ultimi anni si è sovente parlato di de-secolarizzazione. Al tempo stesso, tuttavia, non si è mai spenta la voce di chi afferma che la modernità ha inaugurato un'epoca in cui la religione è in via di estinzione e la secolarizzazione ha vinto la partita della storia. Se così fosse, un libro sullo 'spazio religioso’ sarebbe poco più che un testo su un tema di nicchia. C’è da chiedersi, tuttavia: lo 'spazio religioso' può davvero considerarsi scisso e categoricamente distinguibile dallo spazio in generale? Le città europee sono state storicamente costruite intorno a una chiesa collocata accanto alla sede del governo, generando a sua volta lo ‘spazio' della piazza pubblica principale. Nella maggior parte dei siti urbani, questa distribuzione topografica urbana permane, e l’Italia costituisce, da questo punto di vista un esempio paradigmatico. Proprio in Italia, i conflitti sull’utilizzo delle chiese cattoliche in disuso, sulle comunità musulmane che necessitano di spazi per la preghiera, sugli spazi interreligiosi e sul connesso uso dello spazio urbano nel suo complesso, riflettono preoccupazioni pressanti su come vivere le nostre città, sempre più plurali, e su come definire i confini tra la libertà degli uni e la libertà degli altri. Su questo terreno di scontro entra in gioco il diritto, che regola lo spazio e tutte le pratiche che si svolgono al suo interno. La ‘liturgia’, intesa attraverso la sua radice etimologica di ‘azione nello spazio pubblico,’ serve come chiave ricostruttivo-cognitiva che potrebbe supportare il diritto a qualificare in modo più adeguato gli oggetti e i destinatari della regolamentazione da esso offerta. Se il tempo e lo spazio sono impossibili da separare, guardare indietro è l'unico modo per scandagliare il futuro (e viceversa). A questo scopo, nel testo vengono offerte alcune brevi incursioni storiche accanto all'analisi giuridica dell’esperienza contemporanea, e ciò con l’obiettivo di illuminare un percorso possibile verso un orizzonte di giustizia spaziale. Nei tre capitoli che lo compongono, il volume tratta rispettivamente del rapporto tra spazio sacro e spazio secolare della città; delle questioni teorico-giuridiche e giurisdizionali che ruotano attorno al problema della disponibilità dei luoghi di culto all’interno del tessuto urbano; e, infine, dei presupposti storici e metodologici per l’elaborazione di una ‘giustizia spaziale’ costituzionale. DOI: 10.13134/979-12-5977-322-7

Download or read book Judicial Cooperation in European Private Law written by Fabrizio Cafaggi, and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.

Download or read book Le libert fondamentali dell Unione europea e il diritto privato written by Francesco Mezzanotte and published by Roma TrE-Press. This book was released on 2016-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Per come cristallizzate nei Trattati istitutivi, le «libertà fondamentali» dell’Unione europea (libertà di circolazione dei beni, dei servizi, delle persone, dei capitali) si rivolgono formalmente nei soli confronti degli Stati membri, chiamati a darne attuazione in funzione della promozione e del mantenimento di un adeguato livello di concorrenzialità nel mercato unico. Dall’analisi della giurisprudenza della Corte di Giustizia si evince tuttavia come la concreta portata applicativa di queste norme si estenda sovente oltre la semplice relazione verticale tra ordinamento europeo e singoli Stati, traducendosi invece in una regola di ordine pubblico economico immediatamente precettiva, rilevante a livello orizzontale nei rapporti tra privati, ed idonea a conformarne il contenuto. I saggi raccolti nel volume intendono favorire una riflessione sugli effetti che le libertà fondamentali del Trattato U.E. possono assumere nel sistema delle fonti del diritto privato, nonché sulle regole operanti in specifici settori dell’ordinamento. DOI: 10.13134/978-88-97524-59-5

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 Constitutional Values and European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by Springer Nature. This book was released on 2022-01-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Download or read book I diritti fondamentali in Europa e il diritto privato written by Fausto Caggia and published by Roma TrE-Press. This book was released on 2019-02-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume prosegue idealmente e completa l’analisi svolta nel precedente studio dedicato a “Le ‘libertà fondamentali’ dell’Unione Europea e il diritto privato”. Esso si sofferma sui delicati problemi teorici ed applicativi posti dall’interferenza tra il sistema dei diritti fondamentali garantiti a livello europeo – al di là dunque del più limitato quadro definito dalle libertà fondamentali del Trattato UE - e l’ordinamento interno, con particolare riferimento al diritto privato. L’efficacia orizzontale dei diritti fondamentali è studiata secondo una prospettiva interdisciplinare e multilivello, indagando in particolare le innovative operazioni compiute negli ultimi decenni dalla Corte di Giustizia dell’Unione europea e dalla Corte Europea dei diritti dell’uomo, per comprenderne l’impatto sistematico sull’evoluzione del diritto privato italiano.

Download or read book More Equal than Others written by Daniele Amoroso and published by Springer Nature. This book was released on 2022-11-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

Download or read book European Democratic Institutions and Administrations written by Francesco Merloni and published by Springer. This book was released on 2018-09-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.

Download or read book The Transformation of Private Law Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.​

Download or read book Diritto Privato Europeo written by Jürgen Basedow and published by . This book was released on 2002 with total page 1006 pages. Available in PDF, EPUB and Kindle. Book excerpt: