Download or read book The EU Roaming Regulation Upheld and Reviewed written by Ewan Sutherland and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice upheld the Roaming Regulation (717 2007), rejecting the challenge by the four largest mobile operators that the legal basis on Article 95 EC (now Article 115 TFEU) was invalid and that it violated the principles of proportionality and subsidiarity. The European Commission's interim report on the second Roaming Regulation (544 2009) found widespread compliance by operators, but prices at or just under the mandatory ceilings. The EC's Digital Agenda sets a goal of finding a robust solution for roaming by 2012 and has performance indicators of bringing roaming prices down from their present level to national prices levels by 2015.
Download or read book Review of the Roaming Regulation written by and published by . This book was released on 2008 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report to the European Parliament Committees on Internal Market and Consumer Protection and Industry, Research, and Energy provides briefing in relation to the proposed extension in time and scope of the Roaming Regulation 2007, otherwise due to come to the end of its validity in June 2010. Under the Regulation, an EU-wide limit which declines each year is imposed on the retail charges that mobile telephone companies are allowed to charge per minute of roaming telephone calls made or received, and also to the wholesale charges levied by operators for carrying these calls. There are also requirements for transparency of charges.
Download or read book Law and Values in the European Union written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016-05-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.
Download or read book Procedural Review in European Fundamental Rights Cases written by Janneke Gerards and published by Cambridge University Press. This book was released on 2017-03-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Download or read book Competition Law and Economic Regulation written by Niamh Dunne and published by Cambridge University Press. This book was released on 2015-03-26 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nuanced assessment of the relationship between competition law and economic regulation, focusing on substantive and policy-oriented concerns.
Download or read book The Treaty of Lisbon and the Future of European Law and Policy written by Martin Trybus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
Download or read book EU Law and Obesity Prevention written by Amandine Garde and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; the Food Claims Regulation; the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.
Download or read book Great Debates in EU Law written by Jeremias Adams-Prassl and published by Bloomsbury Publishing. This book was released on 2022-05-30 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.
Download or read book Services and the EU Citizen written by Frank S Benyon and published by A&C Black. This book was released on 2014-07-18 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of services in the EU economy has increased exponentially in the last decades as have the number and scope of EU rules, both those liberalising the provision of services and those protecting their recipients or consumers - the passengers, patients, viewers and bank depositors. However, these consumers, in their capacity as citizens, are increasingly disillusioned with the EU and its institutions. This book, written by practitioners, academics and advocates before the European Court, reflects on these developments, examining rules in numerous service sectors, from the capping of roaming call charges upheld in the Vodafone decision, through health care, to the requirement for air carriers to care for and compensate passengers approved in the generous Sturgeon judgment. The Court's positive approach may have been guided by a desire to consolidate the notion of EU citizenship, a status introduced, but without clear content, at Maastricht. The book therefore considers whether these uniform, EU-wide, consumer rights may not form an important component of such European citizenship. The Commission's proposal to make 2013 European Year of Citizens seems to favour such a view.
Download or read book The EU VAT System and the Internal Market written by Rita de La Feria and published by IBFD. This book was released on 2009 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis focuses upon VAT in the context of the Community's internal market. Its central aim is to prove that the current EU VAT system is incompatible with the concept of internal market as set out in the EC Treaty and interpreted by the Court of Justice. The study commences with an analysis of the concept of internal market, the main objective of which is to establish the basic legal framework for the proposed thesis. As part of this examination, it is demonstrated that the EC Treaty creates a temporally unlimited obligation for the Community to approve legislation with the aim of establishing and improving the functioning of the internal market. By analysis of existing EU VAT jurisprudence, it is argued that obstacles cannot be overcome through incremental developments emerging from the Court of Justice, but can only be resolved by fundamental and substantive legislative amendment.
Download or read book Net Neutrality in Europe La neutralit de l Internet en Europe written by Alain Strowel and published by Primento. This book was released on 2013-10-28 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: La neutralité de l’Internet requiert de garantir aux usagers un accès égal à tous les services et contenus en ligne. En pratique, la gestion du trafic oblige les opérateurs à différencier certains paquets d’information circulant sur les réseaux, par exemple pour lutter contre les messages indésirables. Parfois le traitement différencié des contenus engendre des discriminations non justifiées. Ainsi, en est-il si un opérateur en place dégrade un service concurrent de téléphonie sur Internet, tel que Skype. Le droit de la concurrence permet a priori de sanctionner un tel comportement anti-concurrentiel. Mais cela suffit-il à assurer la neutralité des réseaux ? Par ailleurs, l’augmentation rapide du trafic et l’ampleur des investissements à faire dans les infrastructures du futur incitent les opérateurs à limiter les débits de base, tout en garantissant la qualité de services spécialisés, par exemple de vidéoconférence. Cette différenciation des offres a un prix. On s’éloigne du principe originel de l’Internet qui veut que toutes les communications soient traitées de la même manière. Depuis quelques années, des académiques et pionniers de l’Internet dénoncent le risque d’un Internet « à plusieurs vitesses ». Aujourd’hui, les voix des consommateurs se font entendre. Faut-il adopter une législation spécifique ? Le cadre actuel des télécommunications en Europe suffit-il pour garantir la neutralité ? Mais d’abord, comment définir la neutralité de l’Internet ? Telles sont quelques-unes des questions que cet ouvrage examine à un moment où la neutralité de l’Internet revient dans l’actualité. En juin 2013, la Commission européenne a en effet affiché sa volonté de légiférer en la matière. Le présent recueil de contributions vient donc à point nommé. This book summarizes the state of discussions regarding net neutrality in Europe. It comes at the time the European Commission intends to legislate to guarantee the right of all citizens to access the open Internet. Net neutrality is not only about how to ensure the fundamental right to receive and impart online information. The rules on the protection of consumers, by fostering transparency, also contribute to Internet neutrality and openness. Similarly competition law prohibits anti-competitive discrimination, including in Internet communications. Net neutrality thus appears at the juncture of various areas of the law. The contributions of this book compare the merits of various forms of regulation and discuss the policy dimensions of the net neutrality debate.
Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by Oxford University Press, USA. This book was released on 2014-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
Download or read book Regulating Tobacco Alcohol and Unhealthy Foods written by Tania Voon and published by Routledge. This book was released on 2014-07-25 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation. Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.
Download or read book Telecommunications Law and Regulation written by Ian Walden and published by OUP Oxford. This book was released on 2012-09-13 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the last edition of the book was published, there have been a number of important developments in the telecommunications industry. Telecommunications Law and Regulation takes these changes into account, including an examination of the EU New Regulatory Framework, as well as the establishment of the Body of European Regulators for Electronic Communications (BEREC). There are also new chapters on spectrum management (radio frequencies), and consumer protection rules. The access and interconnection chapter addresses the issues surrounding the high capacity broadband widely provided by Next Generation Networks.The chapter on licensing and authorisation has been refocused to reflect the increasing regulatory focus on the mobile sector. The chapter on regulating content has also been significantly restructured and revised to reflect the changes in how we consume content. Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.
Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Download or read book Public Services in EU Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2014-11-27 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.
Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1999.
