Elgar European Law series - Böcker

Acclaim for the first edition:'Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject.'- Paul Craig, St John's College, Oxford, UK'This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework.'- Grainne de Burca, European University Institute, ItalyThis new edition of Stephen Weatherill's acclaimed book provides a comprehensive introduction to all facets of the EU's involvement in consumer law and policy.Consumers are expected to benefit from the EU's project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EU's consumer law and policy is an attempt to have the best of both worlds - a liberalized yet properly regulated trading space for Europe.This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation - symbiosis or disruption?A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practicing lawyers with an interest in EU trade law or indeed European law more generally.Contents: 1. The Evolution of Consumer Policy in the European Union 2. Negative Law and Market Integration 3. The Law and Practice of Harmonisation 4. Market Transparency and Consumer Protection 5. Regulating the Substance of Consumer Transactions 6. Product Liability 7. European Private Law 8. Advertising and Marketing Law 9. Product Safety Regulation 10. Access to Justice 11. Conclusion: The Challenges of EU Consumer Law Index

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

This thoroughly revised fourth edition of EU Internet Law provides a state-of-the-art overview of EU Internet regulation. Andrej Savin critically evaluates EU policymaking and governance, assessing the latest developments in the field.Savin discusses the constitutional context within which the internet is regulated alongside the policies that have informed this regulation. He explores EU lawmaking and key updates to the case law of the Court of Justice of the European Union, and also compares EU and US solutions to the challenges of the digital world. The book investigates crucial issues including electronic commerce, platform regulation, jurisdiction, intellectual property and AI. It further examines topics such as content regulation, customer protection and GDPR, and it presents a detailed analysis of the ways in which relevant legal instruments interact.Timely and engaging, EU Internet Law is a vital resource for students and scholars of commercial, economic and information law as well as internet and technology law across the EU and globally. Policymakers in digital regulation and practitioners working at the intersections of these fields will also benefit from this comprehensive book.

In this highly topical second edition of EU Trade Law, Rafael Leal-Arcas presents a thorough analysis of EU law and policy in the field of international trade with an updated focus on sustainability. This updated edition provides a clear overview of the substantive and procedural aspects of EU trade law and policy, balancing problems and solutions using timely case studies.Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the conclusion of the WTO Agreement and the Treaties of Rome, Amsterdam, Nice and Lisbon. Additional thought is given to the role of EU Member States and major EU institutions in international trade negotiations. This thoroughly revised second edition now includes a detailed examination of climate change from the point of view of international trade, arguing in support of EU trade deals in clean energy with Gulf Cooperation Council countries such as Saudi Arabia.This insightful book is a crucial resource for academics, practitioners, and policymakers working on European and international trade law and policy, as well as international investment law, climate change, energy economics, and environmental law, governance and regulation.

This book gives systematic insight into the principles underlying EU capital market law which has developed from a narrowly defined matter for legal specialists to a core component of modern business law. It analyses key EU capital market legislation such as MiFID, IFD, MAR, ProspR, EMIR, UCITSD and AIFMD and examines their interrelationships, always aiming to foster a practical understanding of the law.Utilising 30 years’ experience as a practitioner and scholar in the field, Rüdiger Litten provides an accessible overview of the rules governing the capital market. The book examines the regulation of capital market actors (banks, investment firms, asset managers) with regard to their governance and behaviour, as well as the marketing and trading of capital market products (financial instruments such as securities, derivatives, investment fund units). It also explores contemporary issues pertaining to digitalisation and sustainability of the capital market, with a particular focus on MiCAR, and the many components of the EU Commission’s ESG Action Plan.Covering all major areas of EU capital market law, this book is a vital resource for scholars and students of European law, finance and banking law, and financial regulation and economics. It also provides practical advice for capital market lawyers and financial advisors.

This timely book provides a comprehensive overview of European pension law with a dual purpose: both to introduce the legal aspects of different forms of pension at the European level, as well as to explore the main legal policy issues.Throughout the book, the three main types of pension - state pension, occupational pension and personal pension - are examined, together with the issues of financing, institutions, solvency, stakeholders, and rights and duties. The book therefore provides a nuanced guide to the field, going beyond merely a paraphrase of European law or the case law of the European Court of Justice. Yves Stevens also outlines the main principles of European pension law, reflecting on them from historical, sociological and teleological points of view. The constant interaction between law, economics and social policy is the reference point for the legal debates at the heart of this book.Offering a unique insight into how the European bodies work to bring about pension legislation, EU Pension Law will be a key resource for scholars and students in the fields of financial regulation and economics, European law, finance law and social security law.

This book gives systematic insight into the principles underlying EU capital market law which has developed from a narrowly defined matter for legal specialists to a core component of modern business law. It analyses key EU capital market legislation such as MiFID, IFD, MAR, ProspR, EMIR, UCITSD and AIFMD and examines their interrelationships, always aiming to foster a practical understanding of the law.Utilising 30 years’ experience as a practitioner and scholar in the field, Rüdiger Litten provides an accessible overview of the rules governing the capital market. The book examines the regulation of capital market actors (banks, investment firms, asset managers) with regard to their governance and behaviour, as well as the marketing and trading of capital market products (financial instruments such as securities, derivatives, investment fund units). It also explores contemporary issues pertaining to digitalisation and sustainability of the capital market, with a particular focus on MiCAR, and the many components of the EU Commission’s ESG Action Plan.Covering all major areas of EU capital market law, this book is a vital resource for scholars and students of European law, finance and banking law, and financial regulation and economics. It also provides practical advice for capital market lawyers and financial advisors.

This comprehensive yet accessible book offers an in-depth overview of the law relating to the Common Agricultural Policy (CAP). It explores both the initial objectives set out in the Treaty on the Functioning of the EU, and also those policies that have emerged as a result of the growth of competencies within the EU. Examining the four regulations that currently govern the CAP in the areas of direct payments, rural development, finance, and the common organisation of the markets, the author considers their interpretation in the case-law of the Court of Justice of the EU and the General Court. Throughout this insightful book, the European Commission's proposals for CAP reform are discussed and an astute assessment of their National Strategic Plans concludes that Member States would benefit from greater discretion in fine-tuning the principles of the policy established at European level to the particular characteristics of their national agricultural sector. Students and scholars of European law and agricultural law more specifically will find this book a structured and nuanced guide to existing and future policy at both EU and WTO levels. Policy makers and practitioners will also find its up to date treatment of the law a valuable reference.

EU Labour Law is a concise, readable and thought-provoking introduction to the labor and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labor law is made, and analyzes key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labor law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labor and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Acclaim for the first edition:'Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject.'- Paul Craig, St John's College, Oxford, UK'This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework.'- Grainne de Burca, European University Institute, ItalyThis new edition of Stephen Weatherill's acclaimed book provides a comprehensive introduction to all facets of the EU's involvement in consumer law and policy.Consumers are expected to benefit from the EU's project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EU's consumer law and policy is an attempt to have the best of both worlds - a liberalized yet properly regulated trading space for Europe.This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation - symbiosis or disruption?A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practicing lawyers with an interest in EU trade law or indeed European law more generally.Contents: 1. The Evolution of Consumer Policy in the European Union 2. Negative Law and Market Integration 3. The Law and Practice of Harmonisation 4. Market Transparency and Consumer Protection 5. Regulating the Substance of Consumer Transactions 6. Product Liability 7. European Private Law 8. Advertising and Marketing Law 9. Product Safety Regulation 10. Access to Justice 11. Conclusion: The Challenges of EU Consumer Law Index

This highly accessible book gives readers a thorough and nuanced overview of European environmental law, covering on the basic framework and principles as well as substantive law. It provides much-needed insight into a crucial area of legal practice throughout the EU; at a time when environmental law in Member States is becoming ever less 'national' and EU regulation is growing in scope and importance. The book provides state-of-the-art insights into key pieces of legislation and topical developments in various areas of environmental regulation. The first part offers a succinct overview of the framework of European environmental law and the fundamental principles that govern it. This part covers the creation, implementation and enforcement of environmental regulations and includes dedicated chapters on in particular environmental impact assessment and environmental liability. The chapters in the second part offer in-depth analysis of the substantive law in key areas, including biodiversity, air quality, waste and chemicals regulation, and climate change. European environmental regulation is becoming more complex and interrelated, making it a crucial field of study for European law graduates and an area of increasing exposure to the legal profession and in industry. This much-needed book combines detailed legal analysis with a concise and accessible style, making it an ideal companion for students, academics and professionals alike.

This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy. Offering a refreshing perspective on the origins, evolution and trajectory of EU citizenship law, Dora Kostakopoulou explores recent developments, controversies and challenges, including Brexit, and fills a lacuna in the existing literature. Through an interdisciplinary approach, this insightful book combines legal studies with normative political theory, political science, sociology and critical migration studies in order to arm readers with the tools required to appreciate and understand the constructive potential and transformative effects of this fascinating and unique institution. Provocative and forward-thinking, it provides glimpses of an alternative future for EU citizenship.Students and scholars working in European law and policy, citizenship, migration and internal market law will find this book to be an engaging and timely read. Its more practical elements will also appeal to government officials, lobbyists and practitioners involved in law and policy-making, as well as to individuals working on transnational processes and globalisation.

EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment.Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework’s five main directives, comparing them with the changes proposed in the EECC.Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.

This highly accessible book gives readers a thorough and nuanced overview of European environmental law, covering on the basic framework and principles as well as substantive law. It provides much-needed insight into a crucial area of legal practice throughout the EU; at a time when environmental law in Member States is becoming ever less 'national' and EU regulation is growing in scope and importance. The book provides state-of-the-art insights into key pieces of legislation and topical developments in various areas of environmental regulation. The first part offers a succinct overview of the framework of European environmental law and the fundamental principles that govern it. This part covers the creation, implementation and enforcement of environmental regulations and includes dedicated chapters on in particular environmental impact assessment and environmental liability. The chapters in the second part offer in-depth analysis of the substantive law in key areas, including biodiversity, air quality, waste and chemicals regulation, and climate change. European environmental regulation is becoming more complex and interrelated, making it a crucial field of study for European law graduates and an area of increasing exposure to the legal profession and in industry. This much-needed book combines detailed legal analysis with a concise and accessible style, making it an ideal companion for students, academics and professionals alike.

This fully updated book offers a compact and accessible account of EU intellectual property law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU's programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP's relationship with the EU's rules on free movement of goods and competition, as well as examining the enforcement of IP rights.Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of intellectual property is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world.Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

EU Telecommunications Law provides a comprehensive overview of the current European regulatory framework as it applies to telecommunications and examines the challenges facing regulators in this sector. Key chapters focus on the selection of appropriate regulatory models that serve to encourage effective investment in next-generation networks and ensure their successful deployment.Andrej Savin provides an up to date overview of all the relevant sources, guiding the reader through these disparate materials in a simple and systematized way. In particular, the book provides analysis of the 2016 proposal for a European Electronic Communications Code (EECC). Using the 2009 Regulatory Framework on electronic communications as a basis the author analyses each of the 2009 framework’s five main directives, comparing them with the changes proposed in the EECC.Providing a comprehensive introduction to the main areas of EU telecoms regulation, this book will be of great value to telecoms and IT lawyers. It will also appeal to academics carrying out research in IT law or competition law as it relates to IT and telecoms.

This insightful book analyses the theory and practice of administrative law in the European Union and its member states. Adopting a functional approach, Diana-Urania Galetta and Jacques Ziller provide a detailed overview of the law as it applies to EU institutions, bodies, offices, agencies, and member state authorities.Drawing on insights from comparative law, Galetta and Ziller explore key topics including administrative procedure, judicial review, legal instruments and executive function, and investigate how multilingualism mediates the interaction of EU and member state law. The book highlights the importance of change and adaptability in EU administrative law, and examines the role of the policies and institutional systems that govern it.Covering both primary and secondary EU law alongside the jurisprudence of the European Court of Justice, this book is an essential resource for students and scholars of EU law and politics, administrative law, and institutional systems. It is also a valuable read for legal practitioners and administrators working in and implementing EU law.

This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors.EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.

This comprehensive book provides a thorough analytical overview of the European Union's existing law and policy in the field of international trade. Considering the history and context of the law's evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU's present role in the World Trade Organization (WTO) framework.Accessible and thought-provoking, chapters offer a legal analysis of EU trade policy after the Treaty of Rome, after the conclusion of the WTO Agreement, at the Treaty of Amsterdam, at the Treaty of Nice, and at the Treaty of Lisbon, taking into account the most recent constitutional developments by the Lisbon Treaty on division of competences between the EU and its Member States. Additional thought is given to the role of major EU institutions and their balance within EU trade law and policy, and the tension between efficiency and accountability in decision-making processes in EU trade policy is further considered.Students and scholars working in the field of European and international trade law and policy, and international economic law and policy more generally, will find this a clear and useful resource. Practitioners seeking a clear and up-to-date insight into the area will also appreciate this important work.

This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions. Examining the constitutional context within which the Internet is regulated, and the policies that have informed this regulation over the years, Andrej Savin explores recent policy documents on illegal and harmful content online, communications on platforms and the 2020 Digital Single Market strategy, as well as further developments in the case law of the Court of Justice of the European Union. He also investigates key issues such as electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, criminal regulation, and recent developments in GDPR. This third edition of EU Internet Law will be a crucial read for academics, students, and practitioners working at the intersections of the Internet, technology, and commercial, economic and information law across the EU and beyond.

This timely book provides a comprehensive overview of European pension law with a dual purpose: both to introduce the legal aspects of different forms of pension at the European level, as well as to explore the main legal policy issues.Throughout the book, the three main types of pension - state pension, occupational pension and personal pension - are examined, together with the issues of financing, institutions, solvency, stakeholders, and rights and duties. The book therefore provides a nuanced guide to the field, going beyond merely a paraphrase of European law or the case law of the European Court of Justice. Yves Stevens also outlines the main principles of European pension law, reflecting on them from historical, sociological and teleological points of view. The constant interaction between law, economics and social policy is the reference point for the legal debates at the heart of this book.Offering a unique insight into how the European bodies work to bring about pension legislation, EU Pension Law will be a key resource for scholars and students in the fields of financial regulation and economics, European law, finance law and social security law.

Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court's restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union.Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent 'Lisbon Treaty'. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice - however defined - is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.

EU Labour Law is a concise, readable and thought-provoking introduction to the labor and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labor law is made, and analyzes key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labor law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labor and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent 'Lisbon Treaty'. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice - however defined - is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.