Xavier Groussot – författare

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States’ discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States'' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States'' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

This open access book takes the current state of the Union seriously. The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on ‘integration through law’; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe?The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on ''integration through law''; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.

The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on ''integration through law''; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.

The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States’ discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

This open access book takes the current state of the Union seriously. The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes – the form will follow the function. This book aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on ‘integration through law’; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe?The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

This open access book examines how Europe’s traditionally open investment landscape has, over the past decade, shifted towards a more protectionist stance in response to evolving geopolitical factors.Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond the European Union.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

This open access book examines how Europe’s traditionally open investment landscape has, over the past decade, shifted towards a more protectionist stance in response to evolving geopolitical factors.Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond the European Union.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

How should EU law respond to emergencies? More specifically, to what degree can fundamental rights be suspended in order to respond to an unprecedented crises?These questions are at the core of this open access book, asked initially in response to COVID-19 and its resulting restrictions but then as a more general conceptual examination. It looks at the question over five parts; opening with two general aspects: constitutional law and governance. It then takes a more applied approach, looking at three case studies: migration, climate change, and, of course, the COVID-19 pandemic. Fascinating, insightful and considered, it ensures lessons can be learnt.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

This open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field. The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet. In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book.

This open access book brings together experts from both EU competition law as well fundamental rights backgrounds, discussing the most recent developments in EU legislation on digitalisation. Most prominently, it explores the recently introduced Digital Markets Act (DMA), including a discussion on other related legislative acts and the respective case law. It is aimed mostly at academics and researchers in the area of digitalisation, EU competition law, and the EU Charter, but will also provide some useful insights from practitioners in the field. The internet has long been neglected and exempt from being regulated at EU level. In particular, this concerns the application of fundamental rights. The specific challenges for the digital sphere are numerous; worldwide scope, easy access, interoperability, rapid technological change, fluctuating market conditions, anonymity, disinformation, lack of traceability and thus enforcement, to name but a few. Fundamental EU values, in particular including democracy and the respect for human rights, have suffered as a direct result of these growing problems in the digital sphere. More recently, however, the EU has started to actively regulate the new technologies in order to avoid European values being undermined by an unregulated internet. In the specific field of competition law, the development of new technologies has created many challenges and raised questions for the legislator how to regulate big market players: their cross-border nature, vicissitudes, and enormous market powers allow some of them to be able to escape legal scrutiny under the current set of ex-post rules. The DMA now introduces an ex-ante mechanism for competition law and claims to be aligned with the procedural and institutional rights granted under the Charter, which will be scrutinised and challenged by the various contributions in this book.

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

This book addresses and highlights the core issues concerning general principles of EU law and their relationship with and impact on private law. With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights became a legally binding source of primary law and highlights, together with the General Principles of EU law, the importance of fundamental rights in the legal system of the Union. This increased visibility means that private parties have begun to rely on fundamental rights arguments in proceedings in front of national courts and Union courts more and more often. Amongst many other issues this development brings important questions relating to the effects of EU fundamental rights on private law to the forefront. After an introductory chapter by the editors the following four overarching themes provide the structure of this book and broadly reflect the approaches discussed in its eighteen essays: the methodology and theory in the elaboration of new General Principles of EU law; the Constitutionalization of private autonomy in EU law; issues of horizontal direct effect viewed from conceptual, sectoral and remedial perspectives; and the relationship between General Principles and competition law. This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume, the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field.

Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules.

Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to:

effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law.

The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization.

Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules.

Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to:

effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law.

The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization.

Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.