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Private Autonomy in EU Internal Market Law
Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market. The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces. In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.
New Trends in Database and Information Systems
This book constitutes thoroughly reviewed and selected short papers presented at the 25th East-European Conference on Advances in Databases and Information Systems, ADBIS 2021, as well as papers presented at doctoral consortium and ADBIS 2021 workshops. Due to the COVID-19 the conference and satellite events were held in hybrid mode. The 11 full papers and 18 short papers were carefully reviewed and selected from 97 total submissions. This volume presents the papers that have been accepted for the following satellite events: Workshop on Intelligent Data - From Data to Knowledge, DOING 2021; International Symposium on Data-Driven Process Discovery and Analysis, SIMPDA 2021; Workshop on Modern Approaches in Data Engineering and Information System Design, MADEISD 2021; Workshop on Advances in Data Systems Management, Engineering, and Analytics, MegaData 2021; Workshop on Computational Aspects of Network Science, CAoNS 2021; Doctoral Consortium.
EU Trade and Investment Treaty-Making Post-Lisbon
This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
The European Convention on Human Rights and Private Law
In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe. The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.
The European Ombudsman and Good Administration in the European Union
This book explores the work of the European Ombudsman and her or his contribution to holding the EU institutions, bodies, offices and agencies to account, through examination of complaints on maladministration, own-initiative inquiries and other proactive efforts. It considers the Ombudsman’s current institutional and constitutional position and her or his ‘method’ of dealing with complaints, and unravels the depth of subject matters that fall under the Ombudsman’s remit. A separate chapter focuses on transparency and access to documents. The last part of the book critically reflects upon the present mandate and practice of the Ombudsman, and discusses a number of possible proposals for improvement. This work has interdisciplinary appeal and will engage scholars in law, political science and public administration, as well as EU and national policy-makers.
The Dynamics of Powers in the European Union
Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
The Normative Foundations for EU Criminal Justice
Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field exists. It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law. This is a work that will be welcomed not only by EU criminal law scholars, but also by practitioners, judges and policymakers.
Free Movement and Welfare Access in the European Union
This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.
Judging Composite Decision-Making
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
EU Neighbourhood Law
The rekindling of the European Union enlargement talks and Brexit require a reappraisal of the law of the EU's proximity policies. In that light, this book turns Wider Europe into an analytical concept to capture the legal and political facets of the extension of the EU's legal space in the Union's neighbourhood. The book follows three lines of inquiry. Firstly, it reflects on the similarities and differences between internal and external integration, drawing a distinction between EU membership law and EU neighbourhood law. Secondly, it unravels the techniques for the extension of the EU's legal space across different partnerships in the Union's neighbourhood. Thirdly, it sheds light on the political covenants underlying the variety of institutional arrangements of the extended EU's legal space. The book discusses how EU neighbourhood law entails a reconfiguration of how sovereignty is exercised both in the EU and in third countries participating in the Wider Europe.
