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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
States of Emergency and Human Rights Protection
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As su...
Crisis, Movement, Strategy: The Greek Experience
In 2010 Greece entered a period of extreme austerity measures, but also of intense struggles and protests. Social and political crisis led to tectonic shifts in the political landscape and the rise to power of SYRIZA. However, despite the impressive expression of resistance in the 2015 referendum, the EU-IMF-ECB ‘Troika’ managed to impose the continuation of the same politics of austerity, privatisations, and neoliberal reforms. This social and political sequence poses important theoretical and analytical questions regarding capitalist crisis, public debt, European integration, political crisis, the new forms of protest and social movements, and the rise of neo-fascist parties. It also b...
Courts, Privacy and Data Protection in the Digital Environment
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
EU Internet Law in the Digital Era
The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union’s recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.
Democracy after Covid
This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has ...
The Meanings of Europe
What is Europe? What are the contents of the concept of Europe? And what defines European identity? Instead of only asking these classical questions, this volume also explores who asks these questions, and who is addressed with such questions. Who answers the questions, from which standpoints and for what reasons? Which philosophical, historical, religious or political traditions influence the answers? This book addresses its task in three parts. The first concentrates on the controversies around the meaning of Europe. The second focuses on the role of the European Union. The third discusses Europe and its relations to different types of otherness, or rather, non-European-ness. The volume produces a complex and plural picture of the concepts, ideas, debates and (ex)changes associated with the concept of Europe, and has a clear significance for today’s debates on European identity, Europeanization, and the EU.
From common rules to best practices in European Civil Procedure
Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.
Crisis, Austerity and Transnational Party Cooperation in Southern Europe
The most internationalist of all party families, the radical left has paradoxically always lagged behind in its cooperation at the EU level. The previous decade, however, the transnational character of the Eurozone crisis and its austerity-centred management provided a strong incentive to remedy that. By focusing on the relations between three prominent members of this party family at the time (SYRIZA, Podemos, Left Bloc), this book shows how and why the transnational cooperation on the radical left largely failed to deliver in a propitious context. With implications for the study of other party families, the book lays out the key factors that prevented the European radical left from coming together to provide an alternative to the neoliberal status quo in the EU.
