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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...
This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.
This book identifies, analyses and compares a variety of possible ‘barriers’ to the exercise of European citizenship and discusses ways to move beyond these barriers. It contributes in a multi-disciplinary way to a highly topical issue and offers new perspectives on EU citizenship in the sense that it critically analyses concepts of citizenship, the way EU citizenship is politically, legally and socially institutionalized, and elaborates alternatives to the current paths of realizing EU citizenship.
As a core component of legal language used to draft, enforce and practice law, legal terms have fascinated lawyers, linguists, terminologists and other scholars for centuries. Third in the series, this Handbook offers a comprehensive compendium of the current state of knowledge on legal terminology. It is the first attempt to bring together perspectives from the domains of Terminology, Translation Studies, Linguistics, Law and Information Technology in a single place. This interdisciplinary endeavour comprises systematic reviews, case studies and research papers which overview key properties of legal terms and concepts, terminological tools and resources, training aspects, as well as translation in national contexts and multilingual organizations. The Handbook attests to the complex multifaceted nature of legal terminology and showcases its cultural, communicative, cognitive and social contexts in diverse legal systems. It is a rich resource for scholars, practitioners, trainers and students, presenting vibrant research and practice in this area.
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies ...
This Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment.
This book looks at democratic empowerment via institutional designs that extend the political rights of European citizens. It focuses on three themes: first, the positive and negative effects of the European Union institutional design on the political rights of its citizens; second, challenges for democratic regimes across the world in the 21st century in the context of regionalism and globalization; third, the constraints of neoliberalism and capitalist markets on the ability of citizens to effectively achieve their political rights within the Union.
Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated...
25 years after the introduction of EU citizenship this book reconsiders its contradictions and constraints as well as promises and prospects. Analyzing a disputed concept and evaluating its implementation and social effects Reconsidering EU Citizenship contributes to the lively debate on European and transnational citizenship. It offers new insights for the ongoing theoretical debates on the future of EU citizenship – a future that will be determined by the transformative path the EU is going to take vis à vis the centrifugal forces of the current economic and political crisis.
This book brings together the expertise of economists, legal scholars, political scientists, and sociologists in order to integrate diverse perspectives and a broad range of analytical tools in the conceptualisation of labour mobility. It examines how variably the question of labour mobility has translated into the policies, laws, and norms through which the EU as a whole is governed. The contributions focus on the actors – European and national officials, experts, trade union and employers’ organisations – and on instruments implemented by institutions and political organisations – European Agency, coordination systems, European Job Mobility Portal (EURES) – to increase and support mobility within the European Union. This book will be of key interest to scholars and students of European/EU studies, migration studies, labour studies, political sociology, and more broadly to comparative politics.