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The volume presents the results of a research project (named “Legafight”) funded by the Luxembourg Fond National de la Recherche in order to verify if and how digital tracing applications could be implemented in the Grand-Duchy in order to counter and abate the Covid-19 pandemic. This inevitably brought to a deep comparative overview of the various existing various models, starting from that of the European Union and those put into practice by Belgium, France, Germany and Italy, with attention also to some Anglo-Saxon approaches (the UK and Australia). Not surprisingly the main issue which had to be tackled was that of the protection of the personal data collected through the tracing applications, their use by public health authorities and the trust laid in tracing procedures by citizens. Over the last 18 months tracing apps have registered a rise, a fall, and a sudden rebirth as mediums devoted not so much to collect data, but rather to distribute real time information which should allow informed decisions and be used as repositories of health certifications. DOI: 10.13134/979-12-5977-055-4
At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the exter...
An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.
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European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) com...
The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison. This Compendium provides the reader with the necessary information for conducting pan-European cross-border consumer transactions. For the first time, the transposition of 8 key consumer directives (including those on sales, unfair terms, distance and doorstep selling as well as package travel and timeshare) into the national laws of all Member States is analyzed. The findings of this study reveal the substantial differences between the various national implementing measures as a result of utilising minimum harmonisation clauses and regulatory options.
The Acquis Group - also known as the European Research Group on Existing EC Private Law - pursues the objective of presenting, in a restated form known as the Acquis Principles, the large and sometimes incoherent patchwork of existing EC private law. These principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps. They function as a tool for the better understanding and improvement of EC private law. They are also intended to ensure that the existing EC law is appropriately reflected in the broader Common Frame of Reference. The principles include a commentary outlining the Acquis foundations, as well as definitions of core legal terms and a glossary on terminology. Formulated with the Acquis Principles in mind, Contract I is the first of a new series. It covers the areas of general EC contract law which surround the formation of contracts, including key rules on pre-contractual duties, the conclusion of a contract, and its content.
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The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Co...
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. DOI: 10.13134/979-12-80060-91-4