Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thoroughly updated second edition of Advanced Introduction to European Union Lawprovides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action.

Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU's legislature has undergone in recent years and how these shape EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to member states, and how such tension between unity and diversity is reflected in the design of EU legislation. Featuring sectoral and cross-sectoral contributions from a diverse array of distinguished academics, the book examines how the tension between EU unity and national autonomy has evolved over time. In particular it considers the response to significant new developments in the EU constitutional and law-making framework. The chapters explore the legislative strategies that have been adopted across various fields of EU law and policy to shape unity and diversity, and the practical, conceptual, and constitutional issues that these engender. Case studies from different EU fields and member states are critically analysed alongside key concepts including harmonization, derogations, proportionality, and effectiveness.

Introduction: Les grandes étapes de l'intégration européenne -- 1e partie: Droit institutionnel de l'Union européenne. Ch. 1. La constitutionnalisation progressive de l'Union européenne -- Ch. 2. Le système institutionnel de l'Union européenne -- Ch. 3. L'ordre juridique de l'Union européenne -- Ch. 4. Le contrôle juridictionnel dans l'Union européenne -- 2e partie: Les politiques de l'Union. Ch. 1. Le régime juridique du marché intérieur -- Ch. 2. L'espace de liberté, de sécurité et de justice -- Ch. 3. Les politiques à caractère économique -- Ch. 4. Les politiques à caractère non économique -- Ch. 5. L'action extérieure de l'Union européenne.

Le droit de l’Union européenne régit un nombre de plus en plus élevé d’activités. Il assure des droits étendus aux citoyens européens. Il promeut la libre circulation des personnes, des biens, des services et des capitaux. Il organise la concurrence entre les entreprises et protège les travailleurs et les consommateurs. Le droit matériel de l’Union assure également la promotion des valeurs de l’Union dans divers domaines dont les crises récentes ont souligné le caractère existentiel : protection de la santé et de l’environnement, régulation des marchés financiers, approvisionnement énergétique, droit d’asile et politique d’immigration, régulation des nouvelles technologies, dans un cadre favorisant la promotion de la coopération internationale. Le présent ouvrage propose une présentation d’ensemble du droit de l’Union, afin de permettre la compréhension de ses notions et règles fondamentales. Synthétique et concret, ce manuel entend rendre compte à la fois de la diversité des règles et de la profonde unité qui les inspire, en éclairant systématiquement les développements les plus récents à la lumière de leur construction historique.

The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU (including Brexit and the rule of law crisis) has been added.

This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom.

The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas.

Das Lehrbuch "Europarecht" wendet sich sowohl an Studierende mit dem Pflichtfach Europarecht als auch an Schwerpunktstudierende. Es ist schliesslich ebenso als Nachschlagewerk fur die juristische Praxis geeignet, da es einen schnellen Zugang zur Materie ermoglicht. Die Neuauflage wurde grundlich uberarbeitet und ist auf dem neuesten Stand der Rechtsprechung.

Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU.

Schütze's European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. Written in a uniquely engaging style, and full of illuminating analyses, this book provides a thorough and modern guide to the study of the European law. Visual and pedagogical support is offered by the book's numerous diagrams and tables that clarify key concepts and processes, and a practical appendix helps students to find and read primary and secondary legal sources.

The new edition reflects the challenges facing the European Union now, with dedicated chapters on Brexit, the migration crisis and the euro area, and with further Brexit materials and analysis integrated wherever relevant.

This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law.

Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems.

Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.

Notion I. L'intégration. Notion II. L'autonomie. Notion III. La subsidiarité. Notion IV. La diversité. Notion V. L'effectivité.Notion VI. La confiance mutuelle. Notion VII. Le marché. Notion VIII. La non-discrimination. Notion IX. La citoyenneté. Notion X. L'État de droit.

The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman's influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories.

This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment.

Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses:- the national constitutional environment and its connection with EU law;- the nature and types of legislation; - the legislative process;- the drafting process;- jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe.

Postnational Constitutionalism: Europe and the Time of Law proposes a temporally-attuned constitutional theory with principles of anti-reification, narrative interpretation, and non-sovereign agency at its centre. These principles reimagine essential domains of constitutional order: social integration, constitutional adjudication, and constituent power. Spanning various bodies of EU jurisprudence, the book devotes particular attention to migration and asylum--struggles where questions of solidarity, law, and belonging are most generative and acute.

The first edition of thePractical Guide to the EU Labyrinth was published in 1991. 32 years and 16 editions later, Daniel Guéguen and Vicky Marissen now offer an updated and adapted edition. The Treaty of Lisbon of 1 December 2009 requires a comprehensive reform of this guide to understand the new procedures, new ways of conduct and new practices of the EU. After reading this guide, enriched with diagrams, examples and summaries, the structures, competences and procedures of the European institutions will no longer hold any secrets for you.

This innovative Research Handbook explores judicial, scholarly, and theoretical approaches to general principles in the EU legal order against the backdrop of considerable uncertainty about the concept. It does so by analysing both a diverse range of general principles in discrete areas of EU law ('zooming in') and external, wider perspectives on the notion of a general principle of law from international law, comparative law, and legal theory ('zooming out'). Rather than arguing for a single closed definition of what a general principle of law in the EU legal order must look like, this Research Handbook identifies conceptual, theoretical, and legal parameters within which the doctrine of general principles can be meaningfully discussed and contested in EU law. The different analytical layers built into this Research Handbook shed light on whether general principles are defined by the different contexts in which they apply; whether general principles are in practice leading to more coherence between different areas of EU law; and what challenges they create for the EU legal order. Chapters thus contribute to a more refined methodological and doctrinal understanding of general principles in the EU legal order.

This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms. Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas.

Expert contributors from international and interdisciplinary backgrounds set the politics of EU law in both a historical and contemporary context, exploring the relations between different EU institutions across a variety of substantive policy areas. Identifying the main sites of interaction between law and politics, chapters highlight key theoretical insights providing an in-depth understanding of the field. With up-to-date coverage of the latest developments, this Research Handbook analyses the impact of Brexit, economic and financial crises, migration crises and important trends for law and governance. Discerning and forward-thinking, this Research Handbook will be key reading for students and scholars of European law, European politics, and those with an interest in exploring the interface between the two. Its accessible approach will also engage practitioners in EU law and politics, including lawyers and national government and EU institution officials.

Soft law and its role in the enforcement of EU law: Apart from the Treaty infringement procedure there are more and more procedures, mostly laid down in secondary law, by which the EU - often using soft law - ensures Member States' compliance with EU law. This development entails a considerable transforming power. It deserves not only a foundational, mainly competence-oriented analysis of EU soft law, but also a systemic and legal account of these procedures in which it is often EU agencies - instead of the Commission and the European Court of Justice, as provided for in the TFEU - which, largely beyond public attention, interpret EU law and, on this basis, try to enforce it vis-a-vis the Member States.

The book provides readers with a clear understanding of structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU's Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three 'non-economic' areas of EU law: fundamental human rights, equality (non-discrimination) and the environment.

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU.

This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic.

This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power - thereby building an intellectual bridge between past and present. Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context.

“Artificial Intelligence and Competition Policy” features 20 essays by leading scholars and practitioners exploring the wide range of questions bearing on the implications of AI for the competitive process. This collection of essays is divided into three sections, providing a solid foundation to delve into the emerging subjects: “Market Dynamics, Mergers, and Partnerships in AI”, “AI Challenges for Competition Law”, and “Policy Responses to the AI Boom”. This book offers a provocative look at key areas of competition-related AI scholarship. It serves as a valuable resource for legislators, policymakers, and enforcers to assess how competition law can be adapted to confront the challenges of AI.

This multi-contributors guide invites you to explore the detailed landscape of antitrust law and economic policy through a comprehensive review of the 2023 United States Merger Guidelines. Written by a panel of esteemed scholars and practitioners, this volume offers a diverse array of perspectives on the pivotal changes reshaping competition regulation. In the wake of significant shifts in the global economic landscape, the updated Guidelines reflect a nuanced understanding of contemporary market dynamics. From the intricacies of common ownership to the complexities of market delineation, from the implications of monopsony power to the considerations surrounding buyer power, or the role and relevance of economics in antitrust analysis, each chapter investigates critical aspects of the evolving regulatory framework.Contributors from university, law, and economics converge to dissect the implications of these new regulations.

The power to conduct inspections at companies’ premises and homes constitutes one of the most powerful enforcement tools of the European Commission. Inspection can also be coordinated at the European and international levels when several authorities investigate the same international cartels, as well as when the suspected participants have their main offices abroad.Inspections entail high risks for the companies and individuals concerned, and not only because they could ultimately lead to an infringement decision. Private life and legal privilege issues will necessarily arise and appropriate measures need to be implemented to reduce the risk of obstruction.

The Global Dictionary of Competition Law is a dictionary dedicated to competition law worldwide, edited by Professors Deborah Healey (University of New South Wales), Bill Kovacic (George Washington University), Pablo Trevisán (IDC - Instituto de Derecho de la Competencia), and Richard Whish (King’s College London). As the first dictionary of its kind, written entirely by competition law experts, it brings together over 250 definitions essential for a complete understanding of global competition law, economics, and policy.

This thoroughly revised and updated second edition provides an enhanced understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control, the Digital Markets Act and state aid law. While considering well-established doctrines and landmark judgements, the textbook also addresses recent developments such as digitalisation, sustainability and globalisation, and how these issues will influence future inquiry into competition law. This incisive textbook is an invaluable resource for advanced undergraduate and postgraduate students and scholars of competition and European law. It is additionally beneficial for researchers and practitioners of comparative competition law; in particular, it is a useful guide for in-house company training courses.

This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules.

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever.

'Digital competition', a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book - both informative and practical - lawyers from two prominent firms with specialised digital competition teams take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2022 but including as many landmark cases as possible up to and including December 2022, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports.

This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short.

1e partie: Les règles du droit de la concurrence déloyale et des clauses de non-concurrence. -- 2e partie: Transparence et pratiques restrictives de concurrence. -- 3e partie: Les règles organisant la régulation du marché: le droit "antitrust".

EU antitrust enforcement has been radically transformed in the past thirty years. Following the decentralisation brought about by Regulation 1/2003, the European Commission now shares the public enforcement of Articles 101 and 102 TFEU with the competition authorities of the EU Member States. Public enforcement has furthermore changed through the use of leniency, settlements and prioritisation. Private antitrust enforcement, in particular in the form of follow-on actions for damages in cartel cases, has significantly increased, raising delicate questions as to the optimal balance and interaction between public and private enforcement. Increased antitrust enforcement has also brought renewed attention to the procedural rights of defendants and third parties in public antitrust enforcement, and the compatibility of the existing enforcement system and practices with the European Convention on Human Rights and the EU Charter of Fundamental Rights.

All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation.

In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.

This book explores how the EU's enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.

Loin d’être une accumulation aléatoire de normes, les règles de droit international européen de la concurrence créées par les accords internationaux de l’Union européenne font partie d’un réseau normatif.Il s’agit d’un réseau de forme étoilée – au centre duquel se trouve l’Union européenne – composé de règles de droit de la concurrence adoptées par l’Union européenne et ses partenaires. L’étude de ces règles ainsi que des instruments internationaux qui les mettent en place, montre que ce réseau se développe de manière équilibrée autour de deux axes : les règles en matière de coopération entre autorités de la concurrence et les règles de fond. L’efficacité de ces règles peut être assurée par leur application à des litiges entre entreprises, par la gestion des conflits et par les possibilités de coopération qu’elles ouvrent entre autorités de la concurrence.

Der Digital Markets Act (DMA) dient der Ex-ante-Regulierung grosser digitaler Plattformen, die eine Gatekeeper-Funktion haben. Er enthalt nicht nur viele neue Regeln fur die Gatekeeper, sondern hat auch unmittelbare Auswirkungen auf alle Nutzer:innen der Plattformen. Der Einfuhrungsband Das Handbuch ist der ideale Einstieg in die hochkomplexe Materie. Es macht die Neuregelungen greifbar und beantwortet die wichtigsten Fragen, u.a.: Wie werden die vom DMA adressierten Gatekeeper identifiziert? Welche Verhaltenspflichten werden Gatekeepern im Einzelnen auferlegt? Welche Befugnisse haben EU-Kommission und nationale Behorden gegenuber Gatekeepern? Inwiefern profitieren gewerbliche Nutzer:innen - vor allem in der Herstellung, im Einzelhandel, in der Werbung, im Verlagswesen und in der Software- oder App-Entwicklung - von den neuen Vorschriften? Wie konnen Nutzer:innen die neuen Rechte durchsetzen? Welche Rechte haben Dritte vor Behorden und nationalen Gerichten? Welche Verfahrensfragen sind zu beachten?

Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms.

In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality.

This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition's significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger control; the prohibition of State aid; the liberalised sectors such as energy supply, transport, postal services, and telecommunications; and the rules on public procurement. The chapters integrate an extensive number of sources, including new acts, new decisions and judgments, and new Commission guidelines, that help guide the interpretation of the underlying Treaty provisions.

This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences. Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook's exploration of the concept and prohibition of abuse of a dominant position.

The Research Handbook on Private Enforcement of Competition Law in the EUprovides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues. This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law.

This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes. The Research Handbook presents a detailed overview of various policy questions surrounding sustainability and antitrust law - considering their economic, legal, and institutional aspects - and includes diverse jurisdictional perspectives which highlight the many nuances in this increasingly relevant interface.

This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure.

European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law.

1e partie: Historique et généralités.-- 2e partie: L'harmonisation du droit pénal matériel au sein de l'Union européenne.

This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted.

This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values.

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.

Data Governance kann in den Dimensionen Technik, Ökonomie, Nachhaltigkeit und Recht als Steuerung der Nutzung, des Teilens und der Weiterverwendung von Daten definiert werden. Der sich entwickelnde Rechtsrahmen der Europäischen Union zum Datenrecht, insbesondere der Data Governance Act, der Data Act, der Digital Markets Act sowie bereits bestehende Gesetze wie die Datenschutzgrundverordnung schaffen einen Ordnungsrahmen für Dateninhaber, Datennutzer und Datensubjekte. Daneben erfordert die ESG-Gesetzgebung in den Bereichen Nachhaltigkeit und Umweltschutz die rechtskonforme Erfassung und Nutzung von Daten. Vor diesem Hintergrund wird der Binnenmarkt für Daten als Produkte oder Dienstleistungen dauerhaft nur wachsen, wenn technische Innovationen und Standards eine nachhaltige, rechtskonforme, aber auch wertschöpfende Datennutzung für die Marktteilnehmer ermöglichen.   Dieses Werk löst die Frage, wie ein ökonomischer Mehrwert durch die Nutzung von Daten erzeugt werdenkann, der die aktuellen technischen Möglichkeiten, Ziele der Nachhaltigkeit und das rechtlich Zulässige verbindet.

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances.

This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden's revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale.

In 2018, the GDPR started a revolution in the data protection world. One of the most far-reaching developments of the new regulation was the chapter on data subject rights. Old rights were strengthened and extended, and several new rights were introduced. For data subjects who felt overwhelmed with the information overload, the GDPR meant a promise of more individual control over data. In combination with severe financial penalties, the revised rights brought the potential to become a vehicle of data protection law enforcement. However, there are still many uncertainties related to data subject rights due to the fact that the GDPR only recently entered into force.

This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues.The roadmap's elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise legal approaches to social media access and moderation. The 'layers' of the roadmap focus on such central issues as the following: the legal basis for social media platforms to impose restrictions; platform operators' right to shape access, including limitations to the platform's right to exclude users; the validity and enforceability of terms of service; and users' and platforms' remedies for breaches of the terms of service, including the procedural obligations in the Digital Services Act.

Consumers are increasingly exposed to Artificial Intelligence (AI) in their daily lives, either through their own actions or through third parties who subject them to AI (e.g. via connected devices or digital applications). In this context, a major tension emerges between, on the one hand, the technological contributions of AI that underpin consumers behaviour and, on the other hand, consumer protection, mainly due to the risks posed by AI. Against this backdrop, this collective work explores the interplay between AI governance and consumer protection from a European Union market perspective. In that respect, an analysis of the existing and future European governance is conducted in order to assess its capacity to meet the various challenges posed by AI. In particular, the effectiveness of consumer protection and fundamental rights in the EU digital market calls for a regulatory ecosystem that fosters trust and therefore, upstream, transparency, accuracy and explainability of AI systems.

By bringing together fundamental rights, economic law, and recent legislation in the areas of digital platforms, data, and AI, this open access book gives a comprehensive picture of the state of play in technology regulation in the EU. Risks of regulatory fragmentation are on the rise with ever more legislative instruments becoming applicable to the technology sector. This book explores the prospects and challenges of ensuring legal consistency in a period of transition in which new legislation is being implemented and the interpretation of existing laws is being challenged by the use of data, AI, and platform technologies. The book analyses the legal consistency of technology regulation from three perspectives: (1) the relationship between the EU and the Council of Europe; (2) the relationship among EU regulatory frameworks; and (3) the relationship between EU and Member State law. By covering issues of fundamental rights protection, the free flow of data, consumer protection, competition, and innovation, the book gives a unique and extensive outlook into the state of the art in academic and policy discussions.

1. Entstehungsgeschichte und Leitwerte -- 2. Anwendungsbereich und Adressaten -- 3. Verbotene KI-Praktiken -- 4. Hochrisiko-KI-Systeme: Risikobasierter Ansatz -- 5. Anforderungen an Hochrisiko-KI-Systeme (außer Transparenz) -- 6. Transparenzanforderungen an Hochrisiko- und andere KI-Systeme -- 7. Qualitätskontrolle, Korrekturmechanismen und Code of Conduct -- 8. Konformitätsbewertungsverfahren, Organisation und Mittel der KI-Aufsichtsbehörden und Europäischer KI-Ausschuß -- 9. Innovationsfördernde Maßnahmen -- 10. Zivilrechtliche Haftung -- Vorschlag für eine Verordnung des Europäischen Parlaments und des Rates zur Festlegung harmonisierter Vorschriften für künstliche Intelligenz vom 21. April 2021 [COM/2021/206 final].

Ch. 1. The Data Governance Act -- Ch. 2. Re-use of data from public sector bodies -- Ch. 3. Data intermediation services -- Ch. 4. Data altruism -- Ch. 5. International data transfer -- Ch. 6. Legal protection and penalties -- Ch. 7. The European data innovation board.

This book brings together contributions from leading scholars in law and technology, analysing the privacy issues raised by new data-driven technologies. Highlighting the challenges that technology poses to existing European Union (EU) data protection laws, the book assesses whether current legal frameworks are fit for purpose, while maintaining a balance between supporting innovation and the protection of individual’s privacy. Data privacy issues range from targeted advertising and facial recognition, systems based on artificial intelligence (AI) and blockchain, and machine-to-machine (M2M) communication, to technologies that enable the detection of emotions and personal care robots.

.This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe.

Part I. Climate change litigation in Europe: regional and comparative perspectives. -- Part II. Climate change litigation in Europe: sectoral perspectives. -- Part III. Climate change litigation in Europe: the way forward.

The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It addresses questions concerning the impact of interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level.

The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change.

This Handbook of European Environment and Climate Law is the 2nd edition of the work previously titled Handbook of European Environment Law. It is associated with the Traité de droit européen de l’environnement et du climat and the Manuel de droit européen de l’environnement et du climat, both in the French language and published in the same collection, and with which it shares a same structure. The Traité provides a more in-depth approach, with further historic, policy and caselaw considerations, and more complete references.

The new edition of this essential book details the present state of EU environmental law as it has developed over the last 50 years. The author was personally involved in its making and enforcement, having worked for more than 30 years in the environmental department of the European Commission. The book therefore provides unique insights into this complex field. The book discusses in detail governance and other horizontal issues, such as competence questions, the division of power between the EU and its Member States, the individual right to a clean environment, and the integration of environmental requirements into other EU policies such as energy, transport, agriculture, fisheries, trade, and tourism.

The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.

Ce manuel est associé au Traité du même nom et au Handbook of European Environmental and Climate Law, publiés dans la même collection et avec la même architecture. Accord de Paris, Pacte vert : le temps de la mise en oeuvre... La précédente édition reflétait les mesures prises par l’Union européenne pour respecter l’accord de Paris. Or, elle a depuis relevé ses ambitions en adoptant le Pacte vert pour l’Europe qui fixe l’objectif de neutralité climatique en 2050 et pose de grandes ambitions pour la biodiversité, l’économie circulaire et la lutte contre les pollutions.

Soft law and its role in the enforcement of EU law: Apart from the Treaty infringement procedure there are more and more procedures, mostly laid down in secondary law, by which the EU - often using soft law - ensures Member States' compliance with EU law. This development entails a considerable transforming power. It deserves not only a foundational, mainly competence-oriented analysis of EU soft law, but also a systemic and legal account of these procedures in which it is often EU agencies - instead of the Commission and the European Court of Justice, as provided for in the TFEU - which, largely beyond public attention, interpret EU law and, on this basis, try to enforce it vis-a-vis the Member States.

Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives' implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law.

This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.

This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focusing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.

EU Diplomatic Law provides a thorough analysis of the interactions between the European Union (EU) and international diplomatic and consular law. Over the past six decades, the EU has been granted unique powers that enable it to act prominently on the international plane, thereby developing a worldwide bilateral and multilateral diplomatic network. Much like states, the EU sends ambassadors to all corners of the world and accredits permanent missions at its Brussels' headquarters. These developments shake the foundations of diplomatic and consular law, as these branches of international law are based on the principles of state sovereignty, non-interference, and reciprocity. Traditional conceptions of international law only allow states to perform diplomatic and consular functions, leaving little room for non-state entities such as the EU. Sanderijn Duquet addresses this fundamental problem by re-visiting the foundations of diplomatic and consular law, as well as analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations.

The book covers contributions from 18 authors from different countries and analyses the recent case law of the ECJ on the external competences of the European Union. It deals with the impact of EU values on its relations with the Eastern neighbouring countries. The first part focuses on the evolution and current challenges of the external actions of the European Union, while the second part presents the EU cooperation with its Eastern neighbourhood and Eurasia. The book addresses the Association Agreements with the countries of the Eastern Partnership with its Eastern neighbourhood and Eurasia, the enhanced Partnership Agreements in the Eastern neighbourhood and post-Soviet area, and the current and future contractual relations with Eurasian Economic Union and its member states.

This new edition offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation.

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union.

Part I. The regulation of EU international relations law -- Part II. The management of EU international relations law -- Part III. EU-International law -- Part IV. The practice of EU international relations law -- Part V. Political relations and interactions between policies.

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU’s external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence.

International Relations and the European Union takes a unique approach by incorporating the study of the EU's world role into the wider field of international relations. As the most comprehensive introduction to the EU's international relations written by leading experts in the field, it is the key text for anyone wishing to understand the EU's role in the contemporary world.Beginning with an examination of theoretical frameworks and approaches, the book goes on to address the institutions and processes that surround the EU's international relations. Key policy areas, such as security and trade, are outlined in detail, alongside the EU's relations with specific countries and regions.Updates for the fourth edition include new chapters on the EU's relationship with Africa and Asia, coverage of the implementation of the EU's foreign policy, and exploration of how the EU's international relations relate historically to the European integration process, and the contemporary issue of migration.

Les accords internationaux de l'UE n'auront plus de secret pour vous ! Le présent volume est consacré aux accords internationaux de l'Union et aborde des thèmes qui traversent les divers domaines des relations extérieures de l'Union: les compétences externes, la procédure de conclusion des accords internationaux, les accords d'association et les accords mixtes. Cet ouvrage de référence, destiné en particulier aux chercheurs et aux praticiens du droits, traite la matière de façon approfondie et s'appuie sur un ensemble impressionnant de références à la pratique décisionnelle, à la jurisprudence et à la doctrine.

Over the years, the European Union has developed relationships with other international institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. This book presents a comprehensive and critical assessment of the EU's engagement with other international institutions, examining both the EU's representation and cooperation as well as the influence of these bodies on the development of EU law and policy.

La consécration des droits fondamentaux par les Communautés, puis de la Charte des droits fondamentaux de l’Union européenne en tant que texte contraignant de première importance a été encouragée par différents acteurs, mais a aussi pâti de résistances. De nouveaux défis sont maintenant à l’oeuvre. Par ailleurs, la complexité intrinsèque du droit de l’Union et de ses rapports avec les autres ordres juridiques affecte la matière. Aussi, ce livre retrace les développements que les droits fondamentaux ont connus parallèlement à la construction européenne. Il examine ensuite la portée de la Charte et ses concepts essentiels, puis les dispositions générales régissant son interprétation et l’ingérence dans les droits, libertés et principes qui y figurent, ses rapports avec les traités et le droit dérivé, ainsi qu’avec les autres sources de droits fondamentaux, son utilisation dans le processus normatif et, enfin, les contrôles a posteriori de son application. L’accent est mis sur la jurisprudence afin de rendre compte au mieux de la pratique.

European Union citizenship is a novel and complex legal status. Since its formal conception in the Maastricht Treaty, EU citizenship has catalysed an extraordinary, and ongoing, legal experiment, the development and implications of which are traced comprehensively throughout this book. EU Citizenship Law articulates, explains, and analyses the legal framework and legal developments that have shaped the status of EU citizenship and the rights that it confers on Member State nationals. By examining how the rights and responsibilities produced by EU citizenship relate to other rights conferred by EU law, the distinctive meaning and scope - the added legal value - of EU citizenship is uncovered. But the legal story examined here sits in deeper and wider economic, political, social, and emotional contexts because EU citizenship is also an idea: a vector of European integration, collective personhood, and multi-layered identities that reflects the paradoxically inclusive and exclusive qualities of citizenship more generally.

This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.

The monograph analyses both the currently operational databases - Schengen Information System (SIS), Visa Information System (VIS) and Eurodac - and forthcoming systems - Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) - as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.

L’Europe de la santé est rarement abordée juridiquement. Malgré une faible compétence initiale, l’UE a développé un important volume de droit en santé, accentué par la pandémie de Covid-19. Ce manuel explore ses fondations, compétences, et dimensions substantielles, incluant la protection de la santé publique, la relation de santé, et la régulation des médicaments.

Ce livre étudie les questions juridiques concernant le retrait du Royaume-Uni de l'Union, la consolidation du statut diplomatique de l'Union européenne après le Brexit, les droits de l'homme, l'État de droit, la démocratie et les efforts multilatéraux de l'Union visant à consolider la paix et la stabilité internationale.

This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.

This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts' judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.

1re partie : Le cadre constitutionnel de l'Union européenne. Titre 1. Les caractéristiques fondamentales de l'Union -- Titre 2. L'organisation constitutionnelle de l'Union européenne -- Titre 3. Le système des compétences -- 2e partie : L'ordre juridique de l'Union européenne. Titre 1. Les sources du droit de l'Union européenne -- Titre 2. Le contentieux de l'Union européenne -- Titre 3. La primauté du droit de l'Union européenne.

"Dieses Werk kommentiert sowohl den Vertrag über die Europäische Union als auch den Vertrag zur Gründung der Europäischen Gemeinschaft in der Fassung, die ihnen der Vertrag von Amsterdam gegeben hat." Die Artikel 149 und 150 des Vertrags über die Europäische Union haben die politischen Ziele der Europäischen Union im Bereich der Allgemeinen und Beruflichen Bildung und Jugend zum Inhalt.

This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

The development of EU policies from the Treaties of Rome in the 1950s to the Lisbon Treaty in 2009, which led to an "ever closer union" and ultimately to Brexit, are made comprehensible. This process shows that primarily political considerations led to Treaty changes. Both the political and historical background of the evolution of EU policies and the consequences for the UK and the EU as a result of the Withdrawal Agreement are presented in detail. Klemens H. Fischer is Professor of International Relations and Geopolitics at the University of Cologne. He is Vice President of the Austria Institute for European and Security Policy, Vienna, and member of the International Institute for Strategic Studies, London.

Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm.

This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level.

Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations.

This handbook analyses the European Banking Union legal framework focusing on legislative acts (regulations and directives), case law and the resolution procedures. In addition, it will pay attention to the division of responsibilities between the ECB and the national authorities, with special attention to the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). To give a more complete picture, the book will also cover the implementation of European Deposit Insurance Scheme (so called third pillar) still under construction, and appeal to academics, researchers and students of banking and financial law.

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice. Revisiting Judicial Politics in the European Unionexplores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.

An introductory chapter provides valuable context on the governance of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then dealt with in turn, covering goods, persons, services, and capital, before moving on to discuss harmonization, the regulation of the internal market, and its future. Additional useful detail is captured in footnotes, while directed further reading lists provide support for independent study and research.

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'.

This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement.

The rapidly developing field of intellectual property and private international law could be difficult to navigate for practitioners and researchers because of the complex interface of the two legal disciplines. Intellectual Property and Private International Law sets out the main concepts with a comprehensive analysis of issues arising from the relationship between the two disciplines from common law, European Union and international perspectives.This highly regarded work examines how jurisdiction is established in intellectual property disputes, how one identifies the applicable law and how to secure the recognition and enforcement of foreign judgments. This new edition encompasses the numerous, and in some cases major, legal developments seen over the past twelve years. It deals with the private international law aspects of the introduction of mandatory exemptions to the Directive on Copyright in the Digital Single Market; discusses the new Court of Justice of the European Union case law on article 7.2 Brussels I Regulations and its divergent approach to European Union intellectual property rights; covers recent EU directives and national case law, including the fundamental change in patent law that will result from the introduction of the European Patent with Unitary Effect and the Unified Patent Court; as well as elucidating the implications of Britain's departure from the European Union.

Managing Copyright brings together prominent contributors in a collection of academic papers as well as business oriented reports which encompasses our current knowledge in the field of collective management of authors'' and related rights. This volume, published in cooperation with the Association littéraire et artistique internationale, is an output of the 2019 ALAI Congress held in Prague where scholars and practitioners met to discuss outstanding issues related to collective management. In the book, the reader finds large studies by well-known copyright scholars (Gervais, Drexl, Nérisson, Synodinou, Ficsor, Axhamn and others) and reports on every issue in this highly dynamic field of copyright law.

The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization

The standard forms of intellectual property protection, namely, copyright, patents, trademarks and trade secrets, have a long history and are well regulated in the legislative systems of most jurisdictions. However, there are specific kinds of subject matter that, due to their characteristics, cannot be adequately protected by these standard forms of intellectual property instruments. At the same time, these categories of subject matter require legal protection in order to ensure the balance between the public's access to these creations and the creators' rights. For these reasons, many jurisdictions introduce a special form of intellectual property protection, namely, sui generis regime, i.e., intellectual property legal regime "of its own kind", designed to serve the specific needs of a particular subject matter. This book analyzes the intellectual property protection regimes in the EU and the U.S. available for three categories of subject matter that are often considered as requiring sui generis protection, namely, databases, designs and plant varieties. One of the main objectives is to evaluate whether the chosen subject matter in fact requires sui generis intellectual property protection and whether the introduced sui generis regimes have proved to be successful over time. The final chapter of this book analyses the perspectives of sui generis intellectual property protection for works generated by AI systems.

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap.

This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society.

In the wake of the 2008 Global Financial Crisis, misconduct and unfair contract terms in financial services contracts triggered a wave of litigation before national courts. Litigation did not remain a national law issue but soon became an EU law issue. National courts sought, through the preliminary reference procedure, the Court of Justice of the European Union (CJEU)'s guidance to interpret EU financial services legislation and determine the scope of consumers' rights and private law remedies vis-à-vis financial service providers (FSPs). The high number of CJEU's rulings have significantly innovated numerous EU and national private law rules on financial services contracts. The CJEU has often expanded consumers' private law remedies, based on general principles of EU law, beyond the letter of the law, thus 'creating' new private law principles for these contracts.

This open access book explores the complexity of the lex sportiva, the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that European legal processes are central when challenging the status quo as illustrated recently in the Semenya and Superleague cases.

Volume 1. Chapitre 1. Architecture juridictionnelle de l'Union européenne. Section 1. Les Cours nationales -- Section 2. Les juridictions de l'Union européenne -- Section 3. Procédure : des règles simples -- Chapitre 2. Les différents recours. Section 1. Le recours en manquement -- Section 2. Le recours en annulation -- Section 3. Les recours en matière de fonction publique -- Section 4. Compétence de pleine juridiction -- Section 5. L'exception d'illégalité -- Section 6. Le recours en carence -- Section 7. Le recours en responsabilité extracontractuelle -- Section 8. Recours préjudiciels -- Section 9. Recours contre les arrêts du Tribunal et du Tribunal de la fonction publique -- Section 10. Demande d'avis à la Cour de justice sur un projet d'accord international (art. 218, § 11 TFUE) -- Section 11. Mesures provisoires -- Section 12. Autres compétences de la Cour de justice et du Tribunal -- Section 13. Compétence du juge de l'Union dans les matières de Politique étrangère et de sécurité commune (PESC) et de Justice et affaires intérieures (JAI). Volume 2. Textes de procédures et inventaires de jurisprudence. Recueil de textes et procédure. Traités. Cour de justice de l'Union européenne. Cour de justice. Tribunal. Tribunal de la fonction publique -- Inventaires des décisions de jurisprudence.

EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally.

The new rules of procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice. Written by référendaires of the EU Courts and lawyers of the European Commission with a combined experience of 70 years, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties.

Le but de cet ouvrage est de décrire les règles essentielles relatives à l’application du droit de l’Union devant les juridictions nationales, et de les structurer d’une manière systématique, afin de permettre aux juges et aux juristes de contentieux nationaux d’appréhender les normes principales. En bref, ce livre porte sur les règles qui tomberaient sous la catégorie des règles procédurales du contentieux civil et administratif dans un ordre juridique national. Ces règles, élaborées par la Cour de justice, déterminent quand et comment les juges nationaux doivent appliquer le droit l’Union dans les procédures nationales

When the European Court of Justice and the Court of First Instance drafts its own procedural rules, and when it makes decisions on procedural matters, it turns to the highly regarded Lasok's European Court Practice and Procedure for confirmation and guidance. Fully revised and updated the fourth edition:1. Explains the implications of Brexit and the residual jurisdiction of the ECJ in relation to the UK under the Withdrawal Agreement. 2. Takes account of and provide in-depth analysis of all case law since the previous edition.3. Provides guidance on the new General Court Rules of Procedure.4. Provides new commentary on the Judges and Advocates General caused by Brexit and the current ongoing litigation concerning Advocate General Sharpston.5. Includes additional commentary on the confidentiality regime for cases raising security concerns.

S’adressant tant aux étudiants qu’aux praticiens confrontés au droit européen, ce manuel offre une présentation d’ensemble des compétences, de la composition et du fonctionnement des institutions et des organes de l’Union ainsi que des sources normatives. S’y ajoute une analyse approfondie des différentes voies de recours qui garantissent une protection juridictionnelle effective. Dans la mesure où le détour par le contentieux s’avère indispensable, une place particulière est attachée à la jurisprudence de la Cour de justice. Que ce soit pour la délimitation des droits fondamentaux (état de droit en Pologne), la répartition verticale et horizontale des pouvoirs (politique monétaire européenne), les rapports internationaux (CETA), c’est devant les prétoires que se joue l’avenir institutionnel de l’Europe.

This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy.

Partie 1. Procédure devant les juridictions de l'Union européenne. Titre 1. Les juridictions de l'Union européenne (CJ et Tribunal) -- Titre 2. Les recours et renvois prévus par le TFUE -- Partie 2. Procédure devant la Cour européenne des droits de l'homme. Titre 1. Les acteurs -- Titre 2. La procédure -- Titre 3. L'examen de la recevabilité des requêtes -- Titre 4. L'exécution des arrêts de la Cour.

This book analyses the tax law of the European Union, which has developed in the space between the national legal orders of the Member States on the one hand and the international regime (particularly the influences of the OECD, including BEPS) on the other. In that framework, the author considers the whole body of the tax law of the European Union: the general principles applicable to both direct and indirect taxation, the principle of equality and its more specific expressions on the basic freedoms and the prohibition of state aid, the principles of neutrality and ability to pay, taxpayers' fundamental rights, the justifications of infringements, including the fight against tax avoidance, secondary legislation in the area of direct taxes and details of the Union's VAT law and excise taxes.

Le droit fiscal de l’Union européenne prévoit deux modalités d’intégration des fiscalités nationales : l’intégration négative, qui suppose l’interdiction des restrictions fiscales à la libre circulation des marchandises, la prohibition des restrictions fiscales à la libre circulation des personnes, des services et des capitaux, et l’encadrement des aides d’État sous forme fiscale ; et l’intégration positive, qui passe par l’harmonisation des droits fiscaux nationaux, l’élimination des doubles impositions, et la coopération administrative et politique en matière fiscale. À terme, la question de la création d’un impôt européen devra bien entendu être posée. Cette question, renouvelée par la nécessité de financer le plan « Next Generation EU », montre à quel point le droit fiscal de l’Union européenne est une matière essentielle, passionnante et hautement symbolique.

This multidisciplinary book provides an insight into the taxation of individuals, businesses, passive investment and the non-profit sector. It reviews the harmonisation debate in the areas of corporate taxation and Value Added Tax, and also analyses the current developments as to energy and environmental taxation. Tax competition, state aid and the impact of the international polemic against aggressive tax planning are explored, as are the more procedural but equally important topics dealing with cooperation between tax authorities, exchange of information, taxpayer rights and dispute resolution. The final part of this book examines the external dimension to EU tax law - not only as far as the fundamental freedoms are concerned but also in the context of trade agreements and association agreements