Download or read book I diritti umani di fronte al giudice internazionale written by Tullio Scovazzi and published by Giuffrè Editore. This book was released on 2009 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of European Rights on National Legal Cultures written by Miriam Aziz and published by Hart Publishing. This book was released on 2004-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Download or read book The European Union after Lisbon written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2011-10-12 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.
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 Antitrust between EU law and national law Antitrust fra diritto nazionale e diritto dell Unione Europea written by Enrico Adriano Raffaelli and published by Primento. This book was released on 2013-02-22 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the Tenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 17 and 18 , 2012 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. Contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, company lawyers, academics and EU/national institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those relative to the large-scale distribution sector and the control of concentrations at both national and European level. Ample consideration is also given to salient antitrust issues encountered in undertakings’ day-to-day business life, as well as to the future of antitrust in the global economy, also in the light of the new powers recently attributed to the Italian Antitrust Authority to challenge administrative acts. This volume also includes some precious insights on the assessment and quantification of damages in antitrust infringements, from both an economic and legal perspective, as well as reflections on the role of judges in the application of antitrust law, also following the principles set forth by the European Court of Human Rights in the well-known Menarini case.
Download or read book Strengthening the Rule of Law in Europe written by Werner Schroeder and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press. This book was released on 2019-09-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Download or read book The Protection of Fundamental Rights in Europe written by Carlo Casonato and published by Trento: Università degli studi di Trento. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Respecting Linguistic Diversity in the European Union written by Xabier Arzoz and published by John Benjamins Publishing. This book was released on 2008 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Printbegrænsninger: Der kan printes 10 sider ad gangen og max. 40 sider pr. session
Download or read book Sovereign Wealth Funds and State Immunity written by Marco Argentini and published by BRILL. This book was released on 2024-10-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investments be attached by a private creditor seeking to enforce an investment arbitration award against the fund’s state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.
Download or read book Cross border Human Resources Labor and Employment Issues written by Andrew P. Morriss and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important theme was the focus of New York University's 54th Annual Conference on Labor and Employment Law. This highly significant book reprints the papers presented at the 54th Conference, with several additional papers. In its pages more than 40 noted labor and employment experts from a diverse range of countries and disciplines offer penetrating analyses of developments and trends in such areas as the following: - Regulation of immigrant labor; - legal issues facing undocumented workers; - labor markets in border regions; - guest worker programs; - extraterritorial applications of U.S.
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Download or read book The Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Download or read book Recueil Des Cours Collected Courses 1970 written by and published by Martinus Nijhoff Publishers. This book was released on 1971-12-31 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A European Space of Justice written by Justin Orlando Frosini and published by Longo Angelo. This book was released on 2006 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Which model of judge for an emerging Europe? Which principle of legality for a European space? These are questions that are still highly controversial that this book has attempted to answered with an original approach. This publication is the result of two EU funded, distance learning courses for judges from Albania, Bosnia-Herzegovina, Croatia, Macedonia and Serbia & Montenegro, which offered the opportunity for jurists coming from numerous countries in Europe to address fundamental topics of European legal integration. From this experience a selection of papers has been published herein."--Cover.
Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
