Download or read book Quality of Drafting of Community Legislation interinstitutional Agreement of 22 December 1998 written by and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Quality of Drafting of Community Legislation written by and published by . This book was released on 1999 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Obscurity and Clarity in the Law written by Sophie Cacciaguidi-Fahy and published by Routledge. This book was released on 2016-12-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
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 256 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 The Coherence of EU Law written by Sacha Prechal and published by OUP Oxford. This book was released on 2008-01-24 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.
Download or read book Transparency in EU Institutional Law A Practitioner s Handbook written by Bart Driessen and published by Kluwer Law International B.V.. This book was released on 2012-09-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which takes account of legal developments until June 2012, describes in detail the EU law affecting the transparency of the institutions as well as the actual practice of the European Commission, the Council and the European Parliament. The relevant practice of other institutions and bodies is also considered. Among the topics covered are: the scope and extent of public access to documents under Regulation 1049/2001; the impact on public access of Regulation 1367/2006 (the ‘Aarhus Regulation’); the procedure for applying for public access; rules on classified information; data protection and public access; the openness of decision-making, the relationship of Regulation 1049/2001 and other rules on access to documents; the law pertaining to the Official Journal; other aspects of transparency of EU decision-making, such as languages, quality of drafting and the involvement of lobbyists; remedies in Court and before the Ombudsman. Fulfilling the clear need for a practical guide to the nuts and bolts of the law and practice on transparency in the EU's institutional system, this book is written for the practitioner and indeed any party with an interest in availing of his or her rights under EU law. It is the only legal resource that serves this function and does so with élan and a matchless clarity.
Download or read book Better Business Regulation in a Risk Society written by Alberto Alemanno and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a “(world) risk society.” Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: • Social risks and business regulation • Preconditions for better business regulation • Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible—without jeopardizing the related public goals—the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.
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 Drafting Legislation written by Helen Xanthaki and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Download or read book The Impact of Plain Language on Legal English in the United Kingdom written by Christopher Williams and published by Taylor & Francis. This book was released on 2022-08-23 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.
Download or read book Language and Culture in EU Law written by Susan Šarčević and published by Routledge. This book was released on 2016-03-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
Download or read book European Union Legislation 2011 2012 written by Jeff Kenner and published by Routledge. This book was released on 2013-01-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed specifically for students, and responding to current market feedback, Routledge Student Statutes offer a comprehensive collection of statutory provisions un-annotated and therefore ideal for LLB and GDL course and exam use. In addition, an accompanying website offers extensive guidance on how to use and interpret statutes, providing valuable tutorial and exam preparation.
Download or read book Law Legal Expertise and EU Policy Making written by Emilia Korkea-aho and published by Cambridge University Press. This book was released on 2022-10-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Download or read book Legal Knowledge and Information Systems written by A. Rotolo and published by IOS Press. This book was released on 2015-11-24 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Computer technology has become an essential part of all our lives, and the legal profession is no exception. For more than 25 years, the annual JURIX conference has provided an international forum for academics and practitioners working at the cutting edge of research into and the application of the interface between law and computer technologies. This book presents the proceedings of the 28th International Conference on Legal Knowledge and Information Systems (JURIX 2015), which took place in Braga, Portugal in December 2015. The book contains 14 full papers, nine short papers and nine posters delivered at the conference. These address a wide range of topics in legal informatics, and fall into three main subject areas: theory and foundations of AI and law, focusing on themes such as argumentation, reasoning, and evidence; technology of AI and law, which presents technological advancements and solutions; and applications of AI and law, describing implementations of AI and law technology in real world systems. The book offers an overview of the ways in which current information technology is relevant to the practice of law, and will be of interest to all those whose work involves legal theory, argumentation and practice.
Download or read book EU Citizens Economic Rights in Action written by Sybe de Vries and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers, and proposes ways in which they may be overcome.Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors such as the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book provide a pathway to enhance cross border realisation of European citizens' access to the realisation of their economic rights, as well as increase in the cultural richness of the EU.EU Citizens' Economic Rights In Action is an important book, which will be an essential resource for students of EU citizenship, and economics, as well as for EU policymakers and practitioners interested in the field.
Download or read book The Cambridge Companion to European Union Private Law written by Christian Twigg-Flesner and published by Cambridge University Press. This book was released on 2010-05-20 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.
