Böcker i Modern Studies in European Law-serien

This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication.Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.

This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times.Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

This book studies the scope of labour legislation as it applies to the realm of the employment relationship in various regions of the world.

This book offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas.

Based on author's thesis (doctoral - University of Oxford, 2013) issued under title: We the burden.

The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation.

This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.

This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement.It aims: - to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; - to develop a comprehensive and original account of empirical problems on the application of proportionality;- to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

This book explores the dilemmas the EU faces in regulating the risks of the modern world.

This book combines case law analysis with a law in context approach to assesses the influence of the Court of Justice on the governance of the EU.

This book provides an in-depth analysis of the scope and the limits of the EU regulation of the audiovisual media market, including broadcasting or other audiovisual services, but also image, sound and data storage media, and commercial communication.

This book examines the main aspects of EU criminal law, in the light of recent constitutional challenges.

"Table of instruments and legislation": pages xv-xxiii.

This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making.

This new book considers the European codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make modern codification intelligible.

This book traces the evolution of EU employment law and social policy from the Treaty of Rome through to the emerging themes post-Amsterdam.