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 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 The Right to be Oneself written by Guido Alpa and published by Bloomsbury Publishing. This book was released on 2024-06-13 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.

Download or read book Legal Education and Legal Profession During and After COVID 19 written by C. Raj Kumar and published by Springer Nature. This book was released on 2022-07-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume records the amazing transformations brought about by leaders in legal education and legal profession. It captures experiences and experiments in the governance of law schools and legal profession during the COVID-19 pandemic as case studies; ideas which helped in resilience and which could show the way forward; the psychological, philosophical, and sociological aspects of the transformation; and the spiritual and material sources of motivation of the leadership. The contributions are along the following themes --- The shifting idea of law school: systems and processes; The “new normal” in legal profession; Psychological, philosophical, and sociological aspects of transformation; Experiences from global regions and countries; Legal education and legal profession in a post-COVID world. Through these five themes, and the eighteen contributions, the volume seeks to answer questions like --- how the educational and professional leaders adapted to the circumstances by building a “new normal”? How and to what extent their own legal education and professional experiences informed their actions during the Pandemic? How they re-imagined ambitions and reordered systems and processes? What type of guidance and support they received from the state and regulatory bodies? How they guaranteed the well-being of students, faculty, and staff during the Pandemic and the transition? How they upheld professional values and ethics when contexts of their application collapsed?

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 Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

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 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 303 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 including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Actionis 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 Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Download or read book The New European Private Law Vol 3 Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Digital Work and Personal Data Protection written by Lourdes Mella Méndez and published by Cambridge Scholars Publishing. This book was released on 2018-12-21 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers contributions related to the most pressing problems and challenges that new information and communications technologies (ICT) and digital platforms introduce into the labour market, and the impact they have on the way that people work, their rights and even their health and dignity. In addition, there are also chapters studying personal data protection, which is currently a topic of maximum interest due to the New European Regulation about it. The contributors here are drawn from around the world, with several countries represented, such as Portugal, Spain, Italy, Brazil, Australia and Venezuela. The book will appeal lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (6) and Portuguese (4).

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 General Principles of EU Law and the Protection of Fundamental Rights written by Chiara Amalfitano and published by Edward Elgar Publishing. This book was released on with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

Download or read book The Consequences of the Crisis on European Integration and on the Member States written by Stelio Mangiameli and published by Springer. This book was released on 2017-02-23 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union’s current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.

Download or read book National Judges and the Case Law of the Court of Justice of the European Union written by Anna Maria Mancaleoni and published by Roma TrE-Press. This book was released on 2021-01-14 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’impatto del diritto dell’Unione europea sugli Stati membri si concretizza, in misura determinante, tramite regole e principi dettati dalla Corte di giustizia e destinati a essere applicati dai giudici nazionali. Il buon funzionamento del complesso sistema derivante dall’interazione tra l’ordinamento dell’Unione e i singoli Stati membri presuppone, pertanto, un rapporto costruttivo tra la Corte di giustizia e le corti nazionali. Muovendo da tale premessa, il volume affronta le problematiche inerenti al ‘dialogo’ tra tutte le corti nazionali (di merito, supreme, costituzionali) e la Corte di giustizia. A tal fine sono stati chiamati a esprimersi, prima di tutto, gli stessi giudici che ne sono protagonisti: a questi ultimi è stato chiesto di illustrare, a partire dalla propria esperienza, le difficoltà di comunicazione, in senso ampio, riscontrate nel dialogo con la Corte di giustizia. Alla voce dei giudici si aggiunge, quindi, quella dei professori specializzati nel diritto comparato ed europeo.

Download or read book Handbook of Research on International Consumer Law written by Geraint G. Howells and published by Edward Elgar Publishing. This book was released on 2010 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.