Europe is in crisis, but the European Union just gets stronger. Greece, Portugal, Spain and Ireland have all been told that they must submit their budgets to EU-appointed bureaucrats. The 'soft coup' that put EU officials in charge of Greece and Italy shows that the Union is opposed to democracy. Instead of weakening the European Union, the budget crisis of 2012 has ended up with the eurocrats grabbing new powers to dictate terms. Over the years the forward march of the European Union has been widely misunderstood. James Heartfield explains that the rise of the EU is driven by the decline in political participation. Without political contestation national parliaments have become an empty shell. Where once elites drew authority from their own people, today they draw authority from the European Union, and other summits of world leaders. The growth of the European Union runs in tandem with the decline in national politics. As national sovereignty is hollowed out, technocratic administration from Brussels fills the void. This account of the rise of the European Union includes a full survey of the major schools of thought in European studies, and a valuable guide to those who want to take back control.
Published by John Hunt Publishing on 05/31/2013
Book details: 329 pages.
Provides broad and deep insight in the core concepts and principles of the European Convention of Human Rights.
Published by Cambridge University Press on 03/28/2019
Book details: 290 pages.
Personal data protection has become one of the central issues in any understanding of the current world system. In this connection, the European Union (EU) has created the most sophisticated regime currently in force with the General Data Protection Regulation (GDPR) of 2016. This book on this major data protection reform offers a comprehensive discussion of all principles of personal data processing, obligations of data controllers and rights of data subjects. This is the core of the personal data protection regime. GDPR is applicable directly in all Member States, providing for a unification of data protection rules within the EU. However, it poses a problem in enabling international trade and data transfers outside the EU between economies which have different data protection models in place. Among the broad spectrum of aspects of the subject covered are the following: – summary of the changes introduced by the GDPR; – new territorial scope; – key principles of personal data processing; – legal bases for the processing of personal data; – marketing, cookies and profiling; – new information clauses; – new Subject Access Requests (SARs), including the ‘right to be forgotten’ on the Internet, the right to data portability and the right to object to profiling; – new data protection by design and by default; – benefits from implementing a data protection certificate; and – data transfers outside the EU, including BCRs, SCCs and special features of EU–US arrangements. This book references many rulings of European courts, as well as interpretations and guidelines formulated by European data protection authorities, examples and best practices, making it of great practical value to lawyers and business leaders. Because of the increase in legal certainty in this area guaranteed by the GDPR, multinational corporations and their customers and contractors will benefit enormously from consulting and using this book. For practitioners and academics, researching or advising clients on this area, and government policy advisors, this book provides an indispensable source of guidance and information for many years to come.
Published by Kluwer Law International B.V. on 11/01/2018
Book details: 346 pages.
Published by The Stationery Office on 12/11/2014
Book details: 14 pages.
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Published by Kluwer Law International B.V. on 01/01/2006
Book details: 218 pages.
The period between 1917 and 1957, starting with the birth of the USSR and the American intervention in the First World War and ending with the Treaty of Rome, is of the utmost importance for contextualizing and understanding the intellectual origins of the European Community. During this time of 'crisis,' many contemporaries, especially intellectuals, felt they faced a momentous decision which could bring about a radically different future. The understanding of what Europe was and what it should be was questioned in a profound way, forcing Europeans to react. The idea of a specifically European unity finally became, at least for some, a feasible project, not only to avoid another war but to avoid the destruction of the idea of European unity. This volume reassesses the relationship between ideas of Europe and the European project and reconsiders the impact of long and short-term political transformations on assumptions about the continent's scope, nature, role and significance.
Published by Berghahn Books on 07/22/2019
Book details: 350 pages.
This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.
Published by Springer on 08/07/2017
Book details: 383 pages.
This book argues that Europe, through the European Union (EU), should act as a great power in the 21st century. The course of world politics is determined by the interaction between great powers. Those powers are the US, the established power; Russia, the declining power; China, the rising power; and the EU, the power that doesn’t know whether it wants to be a power. If the EU does not just want to undergo the policies of the other powers it will have to become one itself, but it should differ in its strategy. In this book, Sven Biscop seeks to demonstrate that the EU has the means to pursue a distinctive great power strategy, a middle way between dreamy idealism and unprincipled pragmatism, and can play a crucial stabilizing role in this increasingly unstable world. Written by a leading scholar, this book will be of much interest to students of European security, EU policy, strategic studies and international relations.
Published by Routledge on 12/17/2018
Book details: 154 pages.
With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.
Published by Martinus Nijhoff Publishers on 10/28/2011
Book details: 418 pages.
Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.
Published by Kluwer Law International B.V. on 01/01/2011
Book details: 324 pages.