Download or read book The European Service Regulation written by Apostolos Anthimos and published by Edward Elgar Publishing. This book was released on 2023-06-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives balanced and informed guidance for the proper operation of judicial cooperation in civil and commercial matters within the EU in the field of cross-border service of documents. First setting out the origins and evolution of the Regulation, the Commentary proceeds to analyse in forensic detail the relevant case law of both the European Court of Justice and national courts on cross-border service. It moreover points the reader to the pertinent legal scholarship from various EU jurisdictions, and provides a pathway for solving practical problems surrounding the service of documents between Member States of the European Union in civil and commercial proceedings. Key Features: Systematic article-by-article analysis facilitates navigation and reference Integration of the relevant case law ensures a rounded interpretation of the Regulation Practical approach provides tangible guidance for complex cross-border proceedings Renowned team of contributors offer clarity and insight/ Thanks to its in-depth but also practical analysis of each provision of the Regulation, the Commentary will be a valuable resource for judges, scholars and students of European procedural law, as well as for practitioners involved in cross-border civil and commercial litigation.
Download or read book The European Service Regulation written by Apostolos Anthimos and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.
Download or read book Regulating Services in the European Union written by Vassilis Hatzopoulos and published by OUP Oxford. This book was released on 2012-04-12 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the EU, services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the author offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed. The book is the first to provide an overview of the regulation of services in the EU.
Download or read book Trade Regulation and Policy in the EU Internal Market written by Maletić, Isidora and published by Edward Elgar Publishing. This book was released on 2022-06-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.
Download or read book Professional Services in the EU Internal Market written by Tinne Heremans and published by Bloomsbury Publishing. This book was released on 2012-01-31 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.
Download or read book European Civil Procedure written by Andrés de la Oliva Santos and published by . This book was released on 2011 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a complete analysis of all EU-Regulations and Directives on civil procedure. The first part of the book tackles international jurisdiction within the EU, as well as recognition and enforcement of foreign judgments in the member States: the general system established in Regulation 44/2001, the particular provisions applicable to matrimonial matters and parental responsibility (Regulation 2201/2003) and, eventually, the rules relating to maintenance obligations (Regulation 4/2009). The second part is devoted to access to justice and judicial cooperation in the EU. It focuses on mediation as an «alternative» to jurisdiction (Directive 2008/52), the minimum common rules on legal aid (Directive 2003/8), transmission of judicial and extrajudicial documents for the purposes of service (Regulation 1393/2007) and, finally, the taking of evidence in other member states (Regulation 1206/2001). Lastly, the third part of the volume deals with the legal instruments aiming to strengthen the judicial protection of credit within the EU: the European enforcement order for uncontested claims (Regulation 805/2004), the European order for payment procedure (Regulation 1896/2006), the European small claims procedure (Regulation 861/2007) and the rules applicable to insolvency proceedings (Regulation 1346/2000). The book is addressed to those academics and practitioners (mainly judges and lawyers) interested in European civil procedure. They will find a fine piece of work, written in a direct and clear style, which intends to be scientifically rigorous, facing the many problems that arise when European law on civil procedure comes into play.
Download or read book European Standardisation of Services and its Impact on Private Law written by Barend Van Leeuwen and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.
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: Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.
Download or read book Private Regulation and the Internal Market written by Mislav Mataija and published by Oxford University Press. This book was released on 2016-03-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.
Download or read book Social Services of General Interest in the EU written by Ulla Neergaard and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
Download or read book Market Integration and Public Services in the European Union written by Marise Cremona and published by OUP Oxford. This book was released on 2011-03-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the 'joint responsibility' of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services
Download or read book The EU Succession Regulation written by Alfonso-Luis Calvo Caravaca and published by Cambridge University Press. This book was released on 2016-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.
Download or read book Cross border Enforcement of Debts in the European Union Default Judgments Summary Judgments and Orders for Payment written by Carla Crifò and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacket.
Download or read book Workers Establishment and Services in the European Union written by Robin C. A. White and published by Oxford University Press on Demand. This book was released on 2004 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.
Download or read book The EU Services Directive Law or Simply Policy written by Maria Wiberg and published by Springer. This book was released on 2014-07-29 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive’s characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a “moving target” for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.
Download or read book The EU Services Directive written by Emilio Fernández Corugedo and published by International Monetary Fund. This book was released on 2014-07-01 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Services Directive was adopted in 2006 to foster competition in services across Europe. However, progress in liberalizing services has fallen short of expectations due to the article 15 of the Directive, which allows countries to maintain pre-existing restrictions if judged necessary to protect the public interest. Through input output analysis, this paper finds important multiplier effects of greater efficiency services to the rest of the economy. A renewed impulse to the liberalization process could be given by enhancing the advocacy role of national competition authorities in interpreting the notion of public interest underpinning existing regulations.
Download or read book The European Account Preservation Order Regulation written by Gilles Cuniberti and published by Cambridge University Press. This book was released on 2018-05-03 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.
