Resultados de Pesquisa

INGLÊS

Eu Law And Obesity Prevention

de Amandine Garde

210,68€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 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
INGLÊS

European Agencies In Between Institutions And Member States

204,05€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Despite concerted efforts in recent years to define the position of agencies in the Union framework, a clear overall view of their role and powers in relation to the EU institutions and to the Member States is still lacking. Their hybrid character as part of the composite EU executive, and the fact that increasing powers are delegated to them, makes an understanding of the efficacy and accountability of agencies ever more important. Benefitting from both academic and practitioner insights from law, political and social sciences, this important book offers an in-depth analysis of the current challenges surrounding European agencies in terms of their design, autonomy, supervisory competence, and legal nature. Among the topics covered are the following: realities of the accountability mechanisms currently in place; impact of agency acts on the EU’s institutional balance of powers; agencies as global actors acting on behalf of Member States and EU external relations; agencies derived from former networks of national regulators; non-hierarchical ‘par’ nature of agencies vis-à-vis corresponding national authorities; agencies as crucial amalgams between EU institutions and Member States; effect of the Meroni doctrine; new financial supervisory agencies resulting from recent economic and financial crises; special role of telecommunications agencies; and intricacies of the relationship between agencies and the European Parliament. Because EU agencies are designed to facilitate the implementation of EU law at the national level, powers are increasingly conferred on them in order to ensure that rules are enforced effectively and uniformly. The time has come, however, to confront the many questions of legality and constitutionality that remain. This book responds to the vital as to the role and powers of agencies in relation to their manifold ‘principals’, the EU institutions and the Member States, and lays a firm foundation for managing the challenges ahead.
INGLÊS

Privacy Limitation Clauses - Trojan Horses Under The Disguise Of Democracy

de Robert Van Den Hoven Van Genderen

174,90€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society.Unpacking the complexity of the various factors on each side - privacy and the general interest of safety - the author clearly describes the relevant tensions in the following major areas of current law:<ul><li>- data protection regulations;</li><li>- regulations on interception and retention of personal data in the telecommunication sector;</li><li>- anti-money laundering; and</li><li>- strategies used to protect national security against terrorist activities.</li></ul>The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account.This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution - the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy - will prove of inestimable value to policymakers, government institutions, and practitioners in several fi elds related to human rights.Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti-money laundering measures in both public and private sectors, in addition to legal and academic practice.
INGLÊS

Infringement Proceedings In Eu Law

de Luca Prete

226,58€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book - the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU - provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes.Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as:<ul><li>- the Commission’s discretion to bring a case before the Court;</li><li>- the author of the infringement, including national courts or private entities;</li><li>- Member States’ procedural and substantive defences;</li><li>- the different procedures under Articles 258, 259 and 260(2) and (3) TFEU;</li><li>- rights of private parties;</li><li>- interim measures;</li><li>- ¬financial sanctions;</li><li>- Member States’ liability; and</li><li>- the roles played by the European Parliament and the Ombudsman.</li></ul>Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics.Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
INGLÊS

Cross-Border Transfers Of Undertakings - A European Perspective

de Kirsten Henckel

190,80€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area - the Acquired Rights Directive - brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU.With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following:<ul><li>- determination of applicable law both upon and after a transfer;</li><li>- jurisdictional issues;</li> <li>- the main provisions of the Acquired Rights Directive and their content;</li><li>- the main differences existing among the relevant laws of the Member States;</li><li>- special characteristics of the maritime sector and seagoing workers; and</li><li>- cross-border implications of Brexit.</li></ul>This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits.Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring - transferor, transferee, or affected employees - will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
INGLÊS

Division Of Powers In European Union Law - The Delimitation Of Internal Competence Between The Eu And The Member States

de Theodore Konstadinides

209,35€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Union’s decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change.This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following:<ul><li>the place of the ‘competence provisions’ in the current and future EU Treaty structure;</li><li>the scope and limits of the powers of institutional actors involved in EU decision-making;</li><li>the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law;</li><li>the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Community’s legislative competence;</li><li>areas where ‘creeping competence’ occurs;</li><li>the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and</li><li>the spectre of a powerful ‘core’ Europe and a ‘multi-speed’ Europe of pacesetters and laggards.</li></ul>Addressing numerous crucial issues - among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Union’s ‘institutional dynamic’ of cooperation and consensus - the author lucidly describes a seeming paradox: an ‘ever-closer union’, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.
INGLÊS

Eu Law And Obesity Prevention

de Amandine Garde

210,68€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 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.
INGLÊS

Multilingual Interpretation Of European Union Law

de Dirk A. Zetzsche

159,00€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early 21st century. However, a preponderance of practitioners and academics in the field argue that, in its present form, the directive is seriously out of touch with both the system of European financial law and industry practice. In this first in-depth analytical and critical discussion of the content and system of the directive, thirty-four contributing authors - academics, lawyers, consultants, fund supervisors, and fund industry experts - examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: connection with systemic risk and the financial crisis; impact on money laundering and financial crime; nexus with insurance for negligent conduct; connection with corporate governance doctrine; risk management; transparency; the cross-border dimension; liability for lost assets; and impact on alternative investment strategies. Ten country reports add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Italy, Switzerland, Luxembourg, The Netherlands, Austria, Liechtenstein, the United Kingdom, Germany, France, and Ireland. The former are Europe’s most vibrant financial centres and markets. Designed to spur a critical attitude towards the emerging new European financial markets framework presaged by the AIFMD, this much-needed discussion not only elaborates on the inconsistencies and difficulties sure to be encountered when applying the directive, but also provides potential solutions to the problems it raises. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, and administrators, as well as academics in the field.
INGLÊS

Remedies And Procedures Before The Eu Courts

de Rene Barents

470,38€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 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.
INGLÊS

Infringement Proceedings In Eu Law

de Luca Prete

226,58€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book - the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU - provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes.Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as:<ul><li>- the Commission’s discretion to bring a case before the Court;</li><li>- the author of the infringement, including national courts or private entities;</li><li>- Member States’ procedural and substantive defences;</li><li>- the different procedures under Articles 258, 259 and 260(2) and (3) TFEU;</li><li>- rights of private parties;</li><li>- interim measures;</li><li>- ¬financial sanctions;</li><li>- Member States’ liability; and</li><li>- the roles played by the European Parliament and the Ombudsman.</li></ul>Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics.Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
INGLÊS

Privacy Limitation Clauses - Trojan Horses Under The Disguise Of Democracy

de Robert Van Den Hoven Van Genderen

174,90€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society.Unpacking the complexity of the various factors on each side - privacy and the general interest of safety - the author clearly describes the relevant tensions in the following major areas of current law:<ul><li>- data protection regulations;</li><li>- regulations on interception and retention of personal data in the telecommunication sector;</li><li>- anti-money laundering; and</li><li>- strategies used to protect national security against terrorist activities.</li></ul>The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account.This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution - the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy - will prove of inestimable value to policymakers, government institutions, and practitioners in several fi elds related to human rights.Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti-money laundering measures in both public and private sectors, in addition to legal and academic practice.
INGLÊS

Cross-Border Transfers Of Undertakings - A European Perspective

de Kirsten Henckel

190,80€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area - the Acquired Rights Directive - brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU.With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following:<ul><li>- determination of applicable law both upon and after a transfer;</li><li>- jurisdictional issues;</li> <li>- the main provisions of the Acquired Rights Directive and their content;</li><li>- the main differences existing among the relevant laws of the Member States;</li><li>- special characteristics of the maritime sector and seagoing workers; and</li><li>- cross-border implications of Brexit.</li></ul>This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits.Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring - transferor, transferee, or affected employees - will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
INGLÊS

Environmental Law In Mexico

de Jose Juan Gonzalez Marquez

79,76€ + 10% EM CARTÃO

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INGLÊS

The Modernization Of Labour Law And Industrial Relations In A Comparative Perspective

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INGLÊS

The Laval And Viking Cases - Freedom Of Services And Establishment V. Industrial Conflict In The European Economic Area And Russia

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INGLÊS

Environmental Law In China

de Lu Kun e Wang Xi

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INGLÊS

International Taxation In A Changing Landscape - Liber Amicorum In Honour Of Bertil Wiman

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INGLÊS

The Eu Common Consolidated Corporate Tax Base - Critical Analysis

de Dennis Weber e Jan Van De Streek

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INGLÊS

Employeesâ€™ Intellectual Property Rights

de Kacper Szkalej e Sanna Wolk

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INGLÊS

Cross-Border Transfers Of Undertakings - A European Perspective

de Kirsten Henckel

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INGLÊS

Recommendation On Social Protection Floors - Basic Principles For Innovative Solutions

de George Letlhokwa Mpedi e Tineke Dijkhoff

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INGLÊS

Privacy Limitation Clauses - Trojan Horses Under The Disguise Of Democracy

de Robert Van Den Hoven Van Genderen

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INGLÊS

Infringement Proceedings In Eu Law

de Luca Prete

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INGLÊS

International Competition Litigation - A Multi-Jurisdictional Handbook

de Gordon Blanke e Renato Nazzini

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