Eu Civil Justice

Author: Burkhard Hess
Publisher: Bloomsbury Publishing
ISBN: 150990171X
Size: 64.89 MB
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This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.

The European Union As An Area Of Freedom Security And Justice

Author: Maria Fletcher
Publisher: Routledge
ISBN: 1317573226
Size: 80.11 MB
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This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ). Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

Trust In International Police And Justice Cooperation

Author: Saskia Hufnagel
Publisher: Bloomsbury Publishing
ISBN: 1509911294
Size: 46.45 MB
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The use of extra-territorial intelligence is growing among security, border, and public agencies. Internationally, rapidly evolving efforts to tackle transnational crime entail the exchange of intelligence across jurisdictions and state borders as well as the 'linking' of law enforcement operations. This book provides a number of different perspectives from across Europe, Australasia and Canada to examine recent cooperation experiences and the challenges faced in practice. The book brings together scholars from a range of legal and criminological fields to examine the legal imperatives and social parameters that shape international police and justice cooperation and highlights the importance of both trust and clear legal rules to ensure effective cooperation. It focuses on areas where cooperation is now mandated, but where significant issues are raised, including the international and regional methods of information and intelligence exchange and challenges to human rights protection; the coordination of international and regional exchange of evidence, such as forensic bioinformation; police cooperation in international investigations and the added value of formalising investigative strategies across jurisdictions regionally and internationally and the operation, accountability and legitimacy of organisations and institutions of 'cooperation' in law enforcement and specific international policing 'missions'.

Harmonising Eu Competition Litigation

Author: Maria Bergström
Publisher: Bloomsbury Publishing
ISBN: 1509902759
Size: 58.32 MB
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This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

Lobbying The European Union

Author: David Coen
Publisher: OUP Oxford
ISBN: 0191607215
Size: 65.85 MB
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It is universally accepted that there has been a huge growth in EU lobbying over the past few decades. There is now a dense EU interest group system. This entirely new volume, inspired by Mazey & Richardson's 1993 book Lobbying in the European Community, seeks to understand the role of interest groups in the policy process from agenda-setting to implementation. Specifically, the book is interested in observing how interest groups organise to influence the EU institutions and how they select different coalitions along the policy process and in different policy domains. In looking at 20 years of change, the book captures processes of institutional and actor learning, professionalisation of lobbying, and the possible emergence of a distinct EU public policy style. More specifically, from the actors' perspective, the editors are interested in assessing how the rise of direct lobbying and the emergence of fluid issue-based coalitions has changed the logic of collective action, and what is the potential impact of 'venue-shopping' on reputation and influence. From an institutional perspective, the contributors explore resource and legitimacy demands, and the practical impact of consultation processes on the emergence of a distinct EU lobbying relationship. It will be essential reading for academics and practitioners alike.

The Future Of Civil Litigation

Author: Laura Ervo
Publisher: Springer
ISBN: 3319044656
Size: 64.60 MB
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This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

The European Commission And The Transformation Of Eu Borders

Author: Valentina Kostadinova
Publisher: Springer
ISBN: 1137504900
Size: 63.10 MB
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This book examines the contribution of the European Commission to the process of transformation of EU borders. Migration issues have been at the centre of EU political debates in recent years. From national controversies sparked by the economic difficulties in the aftermath of the 2008 economic downturn to EU-wide problems caused by the record number of asylum seekers looking for a refuge in the Union. Simultaneously, the EU migration regime has undergone a profound change since the 1980s as a result of the developments in the integration process. Inevitably this has impacted borders, transforming their nature and functions. The author looks at four key EU policy areas, which in recent decades have substantially altered the EU migration regime: the European Neighbourhood Policy, social policy, border controls, and free movement of people. Based on a variety of Commission documents the analysis focuses on the different borders that have been transformed, their altered nature and functions, and the specific impact of the European Commission on to these processes.

European Police And Criminal Law Co Operation

Author: Maria Bergström
Publisher: Bloomsbury Publishing
ISBN: 1782251499
Size: 31.77 MB
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This volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, focuses on EU criminal law and transnational police co-operation. Against the background of the most important changes introduced by the Lisbon Treaty in the area of criminal law and police co-operation, this volume is divided into four main sections. Each section analyses some specific challenges. The first section includes a critical analysis of the boundaries of the new criminal law competencies, as well as some more general challenges for EU criminal law. Specific focus is set on the lawmaking process. The second section deals with EU criminal law and fundamental rights, in particular the protection of personal data and individual privacy. In this section, focus is on the implementation of EU law into national legal orders and the challenges that this process brings with it. The third section maps out specific challenges in transnational police co-operation, in particular, the important issue of sharing of information between law enforcement agencies and its potential impact on the protection of fundamental rights. In the fourth section, focus is shifted toward networks, horizontal agency and multi-level co-operation in a wider sense within the area of freedom, security and justice.

Civil Procedure And Eu Law

Author: Eva Storskrubb
Publisher: Oxford University Press, USA
ISBN: 0199533172
Size: 58.45 MB
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This book examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The book analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.

Human Rights In Business

Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Size: 79.27 MB
Format: PDF
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.