Bøger i Modern Studies in European Law serien

This volume fills a major gap in the literature on fundamental rights: the existing European works are confined almost exclusively to EU competition law, and there is a dearth of secondary sources on the fundamental rights of companies under EU law and the European Convention on Human Rights more generally, despite the rich and relentless flow of rulings from both the Luxembourg and the Strasbourg courts. This book covers all the principal substantive rights such as property, privacy and freedom of speech, as well as various procedural rights (eg the right to a fair trial, double jeopardy and the privilege against self-incrimination). Not only does this volume provide comprehensive coverage of this increasingly important case law, but it also examines the relevant US authorities in great depth, and the comparison with European law often leads to surprising results. International law is also covered at length, while English law serves as the main point of reference on numerous issues. Despite the wealth of detail, the book's coverage of this broad and varied subject is sufficiently succinct to enable the reader to gain an overall view. It not merely describes the law as it stands, but also proposes an overall approach. This work is aimed at practitioners and academics alike.

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 contributors analyse the latest institutional initiatives, proposals and practices such as:*citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.

This book develops a timely critique of the complex trends emerging in EU integration as it responds to the 'big issues' of our time. Repeated economic crises, the climate emergency, digitalisation and geopolitical turmoil are all having a profound societal and economic effect. The EU Commission has been adding these 'big issues' as public interest justifications for its competition policy and is adjusting existing approaches and instruments accordingly. This is not without its constitutional implications. Firstly, it impacts on the limits of EU competition law in light of the Treaties. Secondly, it affects the relationship between the relevant actors and the processes through which EU competition law is implemented. This collection brings together EU institutional and competition lawyers, to reflect on the constitutional challenges and governance questions. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: state aid, antitrust and merger control. Both EU constitutional and competition lawyers will be interested in this important new collection.

Who is a vulnerable person in human rights law?This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity.Well written and compellingly argued, this is an important new book for all scholars of European human rights.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law.This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

This book explores the role of the European Union (EU) in the cooperation and regulation of the Baltic Sea Region (BSR), from both an institutional and substantive perspective. It particularly focuses on the role of the Union in advancing the broader marine governance framework in the region. Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSR cooperation and regulation, and what is the importance and substantive outcome of the Union's specific role in this respect? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region, in terms of substance as well as procedure, and what is the influence of the BSR over the EU? These questions are discussed from different perspectives by leading experts in both the fields of EU law and the law of the BSR.

This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

This book is aimed to fill a gap in the current market at the interjunction between EU administrative law and EU external relations law. So far, no book consistently and in a comprehensive approach covered the consequences on the one hand of the extension of EU administrative action in policy areas with an external dimension and on the other hand addresses the EU's contribution to the globalisation of administrative law. This books aims to provide academics, practitioners and students with a structured and combined overview on these interrelated subjects.

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 formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.

This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.