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THE PRINCIPLE OF SUBSIDIARITY AND ITS ENFORCEMENT IN THE EU

GRANAT, K.

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and repre...

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RESTATEMENT OF LABOUR LAW IN EUROPE. VOL. I: THE CONCEPT OF

ECONOMIC SANCTIONS AND INTERNATIONAL LAW

INDISCRIMINATE AND DISPROPORTIONATE ATTACKS IN INTERNATIONAL LAW

DANIELE, L.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks a...

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DIGITAL ASSETS IN ENFORCEMENT AND INSOLVENCY

KOLLER, CH. / LINARELLI, J. / LEHMANN, M. / RODRÍGUEZ DE LAS HERAS BALLELL, T.

This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency.Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets re...

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REGULATING PRIMARY MARKETS IN THE CAPITAL MARKETS UNION

SERDARIS, K.

Stay ahead of the curve with this essential book, offering a concise, comprehensive and up-to-date analysis of the Prospectus Regulation (including its recent amendment by the EU Listing Act) and the pathbreaking Regulation on European Crowdfunding Service Providers (ECSPR). Placing the discussion in the context of the Capital Markets Union (CMU), this book provides a fresh and...

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GREAT DEBATES IN PUBLIC LAW

ELLIOTT, M. / MURRAY, P.

The Great Debates series is designed to provide engaging and accessible analysis of the more advanced legal concepts. For books in the major taught subjects, such as Public Law, the series is designed for use by ambitious students alongside a main course textbook. For books addressing subjects that are less often taught (e.g. Family Law), the series provides a clear and critica...

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CODIFICATION OF ADMINISTRATIVE LAW

UHLMANN , F.

The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including:Does codification increase predictability and legal certainty?Does codification lead to a 'petrification' of administrative law?To what degree does the constitution shape administrative law?Which areas of a...

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PROPORTIONALITY OF CRIMINAL PENALTIES IN EU LAW

GROSSIO, L. / MONTALDO, S. / MITSILEGAS, V. / LIGETI, K. / WEYEMBERGH, A.

This book develops a systematic analysis of the principle of proportionality of penalties in EU law.Until now, the principle has been mainly assessed from a criminological point of view. By departing from existing literature, the book advances an original EU law perspective on proportionality of penalties, which underlies the analysis of its theorisation, place and influence on...

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155,00 €

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A DYNAMIC APPROACH TO HANS KELSEN'S GENERAL THEORY OF NORMS

ZALEWSKA, M.

This timely and compelling book delves into the dynamic interpretation of Hans Kelsen's General Theory of Norms through the lens of 21st-century jurisprudential debates. Engaging with key contemporary philosophical concepts such as fictionalism in the philosophy of science, explanation and understanding, and supervenience, this book sheds new light on Kelsen's original ideas.By...

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SELF-DETERMINATION IN THE INTERNATIONAL LEGAL SYSTEM

SPARKS, T.

This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the pol...

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THE CHANGING ROLE OF CITIZENS IN EU DEMOCRATIC GOVERNANCE

JANCIC , D.

This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contribut...

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CREDITOR PRIORITY IN EUROPEAN BANK INSOLVENCY LAW

SWENSEN ELLINGSÆTER, S.

This book provides the first comprehensive treatment of creditor priority in European bank insolvency law.Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-spec...

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TRANSNATIONAL COMMERCIAL DISPUTES IN AN AGE OF ANTI-GLOBALISM AND PANDEMIC

MENON, S. / REYES, A.

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what reso...

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TAX LAW IN TIMES OF CRISIS AND RECOVERY

DE COGAN, D. / BRASSEY, A. / HARRIS, P.

This book examines the relationship between tax law and crisis. In times of environmental, financial, and public health breakdown, policymakers look to tax for solutions. Yet these crises also constrain the ways in which tax liabilities can be imposed and administered, and limit the revenues that can be collected. What should governments do in these circumstances and what are t...

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JURISDICTION OVER NON-EU DEFENDANTS

LUTZI, T. / PIOVESANI, E. / ZGRABLJIC ROTAR, D.

This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume t...

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MAKING SENSE OF EUROPEAN UNION LAW

CLAES, M. / VOS, E.

This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the ...

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NEW ESSAYS ON THE FISH-DWORKIN DEBATE

BUSTAMANTE, T. / PAVLAKOS, G. / MARTIN, M.

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between the...

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THE ORIGINS OF COMPANY LAW

BARNES, V. / HARDMAN, J.

This book provides histories of company law, uniting a variety of approaches from law, business and management, economics, and history.What were the origins of company law? How did it begin? Why did it change? There is no single answer to these questions. Each discipline, and sub-discipline, has a different approach and method that brings different facets of study to the fore. ...

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GLOBAL LAWMAKING AND SOCIAL CHANGE

NOVAK, G.

Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects. Pursuing an interdisciplinary approach, this book offers an alternative pe...

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PURSUIT OF LEGAL HARMONY IN A TURBULENT EUROPE

BARNARD, C. / LAZOWSKI, A. / SARMIENTO, D.

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of the life and work of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Ruiz Zambrano, Sturgeon, Miles, Bou...

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235,00 €

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THE ARCHITECTURE OF CONSTITUTIONAL AMENDMENTS

ALBERT, R.

This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designer...

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EXPORTING THE EUROPEAN CONVENTION ON HUMAN RIGHTS

DEFTOU, M.

This book explores how the European Convention on Human Rights operates and influences on the global stage.The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also ena...

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THE CONSTITUTIONAL SYSTEM OF THE HONG KONG SAR

CHEN, A. / YAP, P.

This book provides an account of the evolving constitutional arrangement known as One Country, Two Systems, as practised in the Hong Kong Special Administrative Region of the People's Republic of China (PRC).The British colony of Hong Kong, one of the Four Little Dragons of East Asia, reverted to Chinese rule in 1997. Since then, Hong Kong has continued to be an internation...

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DECENT WORK IN THE DIGITAL AGE

GYULAVÁRI, T. / MENEGATTI, E.

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure...

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THE FUTURE OF EU CONSTITUTIONALISM

AVBELJ, M.

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...

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HUMAN RIGHTS AT WORK

BOGG, A. / COLLINS, H. / DAVIES, A. / MANTOUVALOU, V.

Should workers ever lose their job because of their political views or affiliations? Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal activities undertaken in their leisure time? What restrictions, if any, should be placed on the right to strike ?Engagingly writte...

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SOCIAL JUSTICE AND THE WORLD OF WORK

LANGILLE, B. / TREBILCOCK, A.

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine altera...

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AGENCY, MORALITY AND LAW

JOWITT, J.

How does law possess the normative force it requires to direct our actions?This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head o...

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