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Directory of EU Case Law on the Preliminary Ruling Procedure

Directory of EU Case Law on the Preliminary Ruling Procedure Author R. Barents
ISBN-10 9789041131508
Release 2009
Pages 284
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Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law; bodies not considered to be courts or tribunals; arbitration; third persons; rights of participants; formulation of preliminary questions; presumption of relevance of a preliminary reference; violation of the obligation to refer; requirement of a pending dispute; interim measures; modification of preliminary questions; questions rejected by the submitting court; new elements presented during the preliminary procedure; questions lacking precision; retroactive effects of judgments. Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. There is no doubt that the book's technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.



EU Higher Education Law

EU Higher Education Law Author Sacha Garben
ISBN-10 9789041133656
Release 2011
Pages 274
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In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.



The Ne Bis in Idem Principle in EU Law

The Ne Bis in Idem Principle in EU Law Author Bas van Bockel
ISBN-10 9789041131560
Release 2010
Pages 267
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The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.



EU Law and Obesity Prevention

EU Law and Obesity Prevention Author Amandine Garde
ISBN-10 9789041127068
Release 2010
Pages 358
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Since the 1980s, there has been an alarming increase in the prevalence of obesity in virtually every country in the world. As obesity is known to lead to both chronic and severe medical problems, it imposes a cost not only on affected individuals and their families, but also on society as a whole. In Europe, the Obesity Prevention White Paper of May 2007 - followed by the adoption of an EU School Fruit Scheme, the acknowledgement that food advertising to children should be limited, and proposed legislation to make nutrition labeling compulsory - has firmly placed obesity on the EU agenda by laying down a multi-sectoral strategy and a basis for future action. In accordance with this growing sense of urgency, this is the first book to offer an in-depth legal analysis of obesity prevention, with particular reference to Europe. It describes what the EU has done and could do to support Member States in fighting the obesity epidemic, and clearly shows the way to locating advocacy strategies within the framework of EU law. The thorough analysis includes a discussion of the following issues: the need to address nutrition and physical activity as important health determinants; the emphasis traditionally placed at EU level on food safety rather than food quality; the need for the development of databases on nutrition and physical activity, comparable common indicators and risk assessment mechanisms; mainstreaming public health into all EU policies; the scope of EU powers in the case law of the Court of Justice; the role of information in the EU's obesity prevention strategy; the Commission's proposed Mandatory Nutrition Declaration; the Food Claims Regulation; the regulation of food marketing to children, and in particular the role of the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive and industry self-regulation; food reformulation; the use of economic instruments in the EU's obesity prevention strategy, with an emphasis on the Common Agricultural Policy and the EU's taxation policy; and EU action in the fields of sport, occupational health and safety, and transport policy. The author convincingly shows that conflicts of interest inherent in market forces demand a strong EU intervention, preferably through legislation than self-regulation. She also demonstrates the urgent need to reach an agreement, on the basis of reliable data, about what is effective in practice to improve lifestyles. The study acknowledges that the law is not a panacea, but nonetheless has an influential role to play in making the healthy choice an easier choice, and must move decisively towards ensuring that the societal costs associated with obesity are sustainable, and that the ultimate goal of a healthy population is achievable. The book is essential reading for everyone involved or interested in the development of the EU's obesity prevention policy.



EU Law and the Harmonization of Takeovers in the Internal Market

EU Law and the Harmonization of Takeovers in the Internal Market Author Thomas Papadopoulos
ISBN-10 9789041133403
Release 2010
Pages 247
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Analysing the Takeover Bid Directive in light of EU Law, this important monograph examines the extent to which the Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. The analysis begins with a discussion of the fundamental freedom of establishment of companies, as well as of the legal bases for the harmonization of company law and capital markets law at the EU level. Additionally, the significance of corporate mobility and of the freedom of establishment case law of the European Court of Justice for the takeover process is analysed. The author shows that, far from achieving market integration in the field of EU company law, the Takeover Bid Directive is a compromise resulting from the very different legal and policy approaches of the Member States in the field of takeover regulation. Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires a board of directors to obtain the prior authorization of a general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, which restricts significant transfer and voting rights during the time allowed for acceptance of the bid.



European Civil Procedure

European Civil Procedure Author Paolo Biavati
ISBN-10 9789041136343
Release 2011
Pages 214
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European Civil Procedure has been writing in one form or another for most of life. You can find so many inspiration from European Civil Procedure also informative, and entertaining. Click DOWNLOAD or Read Online button to get full European Civil Procedure book for free.



The British National Bibliography

The British National Bibliography Author Arthur James Wells
ISBN-10 STANFORD:36105211722686
Release 2009
Pages
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The British National Bibliography has been writing in one form or another for most of life. You can find so many inspiration from The British National Bibliography also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The British National Bibliography book for free.



Remedies and Procedures Before the EU Courts

Remedies and Procedures Before the EU Courts Author R. Barents
ISBN-10 9041166149
Release 2016-05-01
Pages 946
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Finding one's way amongst the myriad of provisions that govern the system of remedies and the proceedings before the three constituent courts of the Court of Justice of the European Union (CJEU) presents a major challenge to European practitioners. It is crucial to possess a reliable, thorough guide to the relevant statutory provisions and rules of procedure - such a guide as this book, written by one of Europe's foremost jurists, provides. For every kind of case and any situation likely to arise, it clearly explains which rules apply and how to proceed. It is fully up to date, covering the renewed rules of procedure of the Court of Justice, the General Court, and the Civil Service Tribunal, as well as updated provisions and practice directions. From foundations and principles to specifi c rules on evidence, damages, failure to act, preliminary rulings, interim measures, and much more, the book covers all essential elements of CJEU procedure, including the following: - division of competences between the Union courts; - admissibility; - rules regarding anonymity; - practice rules for the implementation of rules of procedure; - service of documents; - setting and extension of time limits, hearings, witnesses, and experts; - deposit and recovery of sums; - rules applying to the chamber system; - assignment of cases; - application of competition rules, rules on state aid, and rules on trade protection; - rules in cases concerning intellectual property rights; - rules in actions brought on the basis of an arbitration agreement; - rules governing access to documents; - delimitation of jurisdiction between the CJEU and national courts; - expedited procedures; and - scope of the rules on costs. Each chapter ends with a list of further readings. Any lawyer seeking appropriate remedies in any case before the CJEU will benefi t enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.



The Global Community Yearbook of International Law and Jurisprudence 2009

The Global Community Yearbook of International Law and Jurisprudence 2009 Author Giuliana Ziccardi Capaldo
ISBN-10 9780199758845
Release 2010-09-30
Pages 424
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a. The set generally: [Please note that the following description applies to both volumes in the 2009 Yearbook, not solely to Volume II].The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expertcommentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus isrecent case law from the major international tribunals and regional courts, the first volume of each year''s edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by theseries as a whole.b. This particular edition (2009): This year''s edition of the Global Community Yearbook is restructured to update its format and to better respond to its objective. The change affects the section entitled Decisions of International Courts and Tribunals; all other sections will remain the same. This section, divided into twelvesub-Sections, presents annually the more significant international case law in the form of "legal maxims," systematically collected. The elaboration of legal maxims, extracted from the courts'' decisions, and their systematic classification makes this year''s edition of the Yearbook unique.International courts and tribunals have developed remarkably in recent years, and it is becoming increasingly difficult to follow the case law emanating from those jurisdictions without the help of an intermediary. The Yearbook and its unique changes fill this gap by serving as an intermediarybetween the case law and international scholars, practitioners, and students. In previous issues of the Yearbook, these legal maxims were prepared by referring both to the law and often extensively to the specific facts of the case. In the new format, the "legal maxims" will now distil the mostimportant elements of judicial decisions and rely less heavily on the facts. The text of the legal maxims has been reduced to the minimum necessary for systematic classification, printing the website links for the case law. An introductory note on each international tribunal or court continues tobe provided as a synopsis of their activity over the year. This reduction of the text of legal maxims better responds to the goals of the Yearbook to serve as a mediator and to provide complete coverage of case law from international courts and tribunals. c. Individual volumes: The first volume of the 2009 edition of Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals'' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on thosecases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on the current,controversial topics of the case against criminalizing hate speech, the global importance of human rights for environmental protection, the evolution of international environmental law, and the politics of global powers. Those incisive and knowledgeable introductory articles help frame the debatescurrently raging in international law before this volume leads the reader on to expert commentary on the noteworthy cases from this past year''s dockets of the following tribunals:* The International Court of Justice* The WTO Dispute Resolution System* The International Criminal Court * International Criminal Tribunal for the Former Yugoslavia* International Criminal Tribunal for RwandaZiccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful.Volume 2: This second volume of the 2009 edition of Global Community Yearbook gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailedguidance on a rich diversity of legal topics, from whether the European Court of Human Rights is effective as the centerpiece of the European human rights protection system to the jurisdictional challenges by respondent States under applicable investment agreements. On these questions and a host ofothers, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered by this particular volume are:* The Court of First Instance of the European Communities* The Court of Justice of the European Communities* The European Court of Human Rights* Inter-American Court of Human Rights* International Centre for the Settlement of Investment Disputes



The Global Community Yearbook of International Law and Jurisprudence 2010

The Global Community Yearbook of International Law and Jurisprudence 2010 Author Giuliana Ziccardi Capaldo
ISBN-10 9780199891696
Release 2012-02-24
Pages 506
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a. The set generally: [Please note that the following description applies to both volumes in the 2010 Yearbook, not solely to Volume II.] The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor GiulianaZiccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2010): Beginning with the 2010 edition, the Yearbook will include the new section, Forum-Jurisprudential Cross-Fertilization: An Annual Overview. This section aims to compare and analyze the interconnections between the decisions of international courts and tribunals, as a way of exploring and examining judicial dialogue and the development of common legal principles and concepts in all branches ofinternational law. The Yearbook is the first academic journal to present an annual overview of the process of jurisprudential cross-fertilization between the courts, based on the drafting and systematic classification of legal maxims (i.e. points of law decided by various international courts) in the section entitled "Decisions of International Courts and Tribunals." A comprehensive and complete survey by eminent international law scholars exploring, evaluating and documenting this processhas the potential to enhance our contribution and thus further guide our understanding of how to reduce conflicts and create an effective exchange of legal reasoning between different courts. The aim is to promote a favorable environment for the courts to advance the process of judicial cooperation with a view to the possible harmonization of legal principles governing the global community. c. Individual volumes: Volume 1: The 2010 edition of the Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on current topics such as global intellectual property law and policy, the nature of international law and human development, and the legal-political connotation of material support to terrorism. These incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this edition leads the reader on to expert commentary on the noteworthy cases from this past year's dockets of the following tribunals: - The International Court of Justice - The International Tribunal for the Law of the Sea - WTO Dispute Settlement System - International Criminal Court - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - Court of Justice of the European Union Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. The2010 edition of the Global Community Yearbook also gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered in this edition include: - The Court of Justice - The European Court of Human Rights - Inter-American Court of Human Rights - International Centre for the Settlement of Investment Disputes



University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967 Authors titles

University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967  Authors   titles Author
ISBN-10 STANFORD:36105117234984
Release 1972
Pages
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University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967 Authors titles has been writing in one form or another for most of life. You can find so many inspiration from University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967 Authors titles also informative, and entertaining. Click DOWNLOAD or Read Online button to get full University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967 Authors titles book for free.



Bibliographic Volume

Bibliographic Volume Author Union of International Associations
ISBN-10 3110230348
Release 2010-09-14
Pages 694
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Yearbook of International Organizations is the most comprehensive reference resource and provides current details of international non-governmental (NGO) and intergovernmental organizations (IGO). Collected and documented by the Union of International Associations (UIA), detailed information on international organizations worldwide can be found here. Besides historical and organizational information, details on activities, events or publications, contact details, biographies of the leading individuals as well as the presentation of networks of organizations are included.



Resources in Education

Resources in Education Author
ISBN-10 PSU:000068697402
Release 1990-01
Pages
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Resources in Education has been writing in one form or another for most of life. You can find so many inspiration from Resources in Education also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Resources in Education book for free.



Subject Guide to Books in Print

Subject Guide to Books in Print Author
ISBN-10 STANFORD:36105025888533
Release 2003
Pages
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Subject Guide to Books in Print has been writing in one form or another for most of life. You can find so many inspiration from Subject Guide to Books in Print also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Subject Guide to Books in Print book for free.



Medical and Health Care Books and Serials in Print

Medical and Health Care Books and Serials in Print Author
ISBN-10 CHI:28102296
Release 1986
Pages
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Medical and Health Care Books and Serials in Print has been writing in one form or another for most of life. You can find so many inspiration from Medical and Health Care Books and Serials in Print also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Medical and Health Care Books and Serials in Print book for free.



The Academy

The Academy Author
ISBN-10 STANFORD:36105010166242
Release 1883
Pages
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The Academy has been writing in one form or another for most of life. You can find so many inspiration from The Academy also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Academy book for free.