Elgar European Law and Practice series – serie

This book clearly sets out the fundamental economic, social and cultural (ESC) rights that protect European citizens in education, employment and daily life. Matti Mikkola traces the evolution of these rights from their origins in the liberal state to their prominence within the welfare state. With extensive reference to the case law of the ECtHR and the CJEU, and the conclusions and decisions of the European Committee of Social Rights, the book examines the challenges ESC rights face as governments increasingly prioritise investments in production and export industries amidst heightened global competition. It also serves as a guide for those seeking to defend their rights before European judicial bodies.Key Features:Advocates for the protection of fundamental rights concerning life, human dignity and equal opportunitiesAnalyses rights related to education, working conditions, labour market relations and social protectionIncludes extensive reference to case law and to the decisions of the various monitoring bodiesExplores the dynamic nature of ESC rights from contextual, conceptual and practical perspectivesEvaluates the treaties, decisions and argumentation of key judicial bodies of the Council of Europe and the CJEUFundamental Economic, Social and Cultural Rights in Europe is an essential resource for judges of the ECtHR, CJEU and national highest courts. It is also highly relevant to legal advisors in ministries of foreign, labour and social affairs, international and national institutes and social partners and experts of the NGOs.

This book delivers a comprehensive analysis of the various avenues for judicial review in EU law. Alexander Türk sets out the diverse actions available to litigants, dissects current regulations and procedures, and traces the evolution of the functions of judicial review in the Union’s legal system. Coverage includes; actions for annulment, standing requirements, pleas of illegality and interim relief. Also analysed are the attempts to widen direct access to EU courts within the current decentralised system.Key Features:Presents systematic analysis of the various avenues for judicial reviewProvides innovative suggestions for improving access to justice in the EUAssesses the arguments for a more centralised or decentralised model of judicial reviewEvaluates the judicial review system outlined in the Treaty on the Functioning of the European UnionConsiders the changes brought about by the Lisbon Treaty in light of the right to effective judicial protectionPresenting invaluable practical insights on judicial protection and actions against EU institutions, this incisive book is an essential resource for public law practitioners, as well as lawyers – both practicing and academic – with an interest in the procedural law of the EU.

The harmonization of private international law in Europe has, to a very large extent, been the result of both legislation adopted at EU level and the subsequent case law arising from the interpretation of that legislation. This fourth edition of Peter Stone’s authoritative work has been thoroughly revised and updated to take account of the most recent developments at both EU and national levels, including the recast Brussels I regulation on civil jurisdiction and the recast Insolvency regulation, and numerous decisions of the European and English courts.Key features include:•comprehensive and in-depth coverage of key legislative developments within the EU in relation to private international law• addresses key questions and identifies weaknesses in the current law, following up with suggestions for improvements• combines perspectives from both civil law and common law traditions• extensive tables of cases and legislation.This timely work will be an invaluable point of reference for practising lawyers, the judiciary, legislators and policy-makers throughout the EU. Academics and public officials interested in conflicts of laws will also find this a vital resource.

Private Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States.Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension.The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States.Key features of the book include:Expert authorship from a Member of the Legal Service of the European CommissionComprehensive assessment of EU legislation on the private enforcement of EU law before national courts Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fieldsExtensive discussion of the scope for the EU to act vis-à-vis the autonomy of the Member StateOne of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104)Exposition of key case law relating to private enforcement and the remedies available to private parties.

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes.Key Features:Practical analysis of the provisions of the EU Succession RegulationConsideration of issues at the intersection between cross-border successions and taxationAnalysis of the specificities of the European Certificate of Succession and its interface with national lawsStudy of cross-border successions in the context of both estate planning and the opening and liquidation of a successionContextualization of the EU Succession Regulation in the framework of the national law and practice of several EU Member StatesA comprehensive study of EU cross-border succession law with global reach, this book is an invaluable source of reference and guidance for practitioners specialising in estate planning, family law and property law, including judges, notaries, tax specialists and lawyers. Scholars of European succession law and conflict of laws will also find this book’s critical analysis an instrumental tool in their research.

This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.Key features include:a detailed overview of the EU and EFTA case-law relating to consortia agreements and associated competition rulesapplication of the single economic unit doctrine in public procurement to the question of liability for participating in bid rigginga clear explanation of how the grounds for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU apply to third parties and subcontractorsguidance on the interpretation of the regulations in relation to the exclusion of a contractor from public procurement proceedingsinformation on self-cleaning activities which contractors can engage in in order to prevent exclusion.Combating Collusion in Public Procurement will prove an invaluable resource for legal practitioners, courts and review bodies dealing with public procurement and competition cases. The information provided on the current legislation ensures contractors, contracting authorities and antitrust authorities will also benefit from this book, together with researchers interested in the field.

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features:A focus on the interpretation and practical application of the RegulationDetailed analysis of the case law and jurisprudenceHighlights both deficiencies and potential improvementsWritten by leading scholars in EU and Private International LawThe Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.

Contract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.Key features include:analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU lawfresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widelyconsideration of contract modifications both from practical and theoretical perspectives.This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law.