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European Fundamental Rights and Freedoms
The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In additio...
The Free Movement of Capital and Foreign Direct Investment
This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies.
Constitutional Identity in a Europe of Multilevel Constitutionalism
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
The Principle of Loyalty in EU Law
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
European Energy Law
Das Buch zum Energierecht der Europäischen Union beinhaltet neben einer Einführung (Begriffe, Überblick) das Marktmodell für Strom und Gas (z.B. Gleichbehandlung, Netzzugang), die Regulierungseinrichtungen (ACER, Anforderungen an die nationalen Regulierungsbehörden) und die europäischen Koordinierungseinrichtungen (ENTSO [Strom] usw.). Ein eigenes Kapitel ist der Versorgungssicherheit für Strom- und Gas (Risikovorsorgeplan [Strom], Notfallplan und Solidaritätsprinzip [Gas]) gewidmet. Daneben werden die erneuerbaren Energien, Energieeffizienz, Speicherung, Dezentralisierung (Energiegemeinschaften) und Digitalisierung (Smart Meters) behandelt. Den Abschluss des Buches bildet das Kapitel "Energiesystem der Zukunft" (Green Smart Grid).
Screening Foreign Direct Investment in the EU
Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns ...
Bankenaufsicht im Europäischen Verbund
Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand i...
Regulating Eu Capital Markets Union
This is the first of a two-volume series that examines the current EU capital markets regimes and explores codification as a means for achieving a true single market for capital in Europe.
Accommodating Diversity in Multilevel Constitutional Orders
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rig...
The Constitutional Framework for Enhanced Cooperation in EU Law
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
