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EU asylum procedures and the right to an effective remedy
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ISBN: 9781849465458 1849465452 Year: 2014 Volume: 46 Publisher: Oxford, United Kingdom ; Portland, Oregon : Hart Publishing,

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Abstract

This text examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure.


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Enforcing community law from Francovich to Köbler: twelve years of the state liability principle
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ISBN: 3898173178 9783898173179 Year: 2004 Volume: 37 Publisher: Köln Bundesanzeiger


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Performance-oriented remedies in European sale of goods law
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ISBN: 9781841138930 1841138932 Year: 2009 Volume: 10 Publisher: Portland Hart Pub.


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The proposed common European sales law : the lawyers' view.
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ISBN: 9783866532496 9783866539853 3866532490 3866539851 Year: 2013 Publisher: Munich Sellier European Law Publishers

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Abstract

The proposal from the European Commission for a Regulation on a Common European Sales Law (CESL) has raised divergent reactions from various parties across Europe. This volume contributes actively to this discussion offering the lawyers' point of view. The book promotes a debate and an exchange of views among representatives from the European Commission, the European Parliament and legal practitioners regarding the main legal issues of the CESL. The outcome is a dialogue where general questions, such as 'Do we need a CESL?', 'Can the CESL achieve what it sets out to do?' and 'The relationship with Rome I and the Vienna Convention', and many more receive articulate answers considering both theoretical and practical implications of the CESL.

General provisions, delivery of goods, package travel and payment services
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ISBN: 9783866530249 9783866538733 3866538731 1282506374 9786612506376 3866530242 Year: 2009 Publisher: Munich Sellier

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The present volume is the second of a series. In addition to revising those parts of the ACQP which were published in the "Contract I" volume, it presents numerous new rules, in particular on remedies for non-performance and on certain specific situations or contracts such as delivery of goods, package travel and payment services. The work is particularly aimed at enriching the current controversial debate on the way forward for European contract and consumer law stimulated by the European Commission's Proposal for a Directive on Consumer Rights. The Acquis Principles include:- General rules formulated on the basis of existing EC law- An accompanying commentary, outlining the foundations in the Acquis- Definitions of core legal terms and a glossary on terminology The Acquis Group aims to reformulate the present patchwork of directives, regulations and judgments on EC private law as a coherent Restatement, the Acquis Principles (ACQP). These Principles present the current state of EC law in a structure which allows readers to identify commonalities, contradictions and gaps in the Acquis.


Book
The common frame of reference: a view from law & economics
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ISBN: 9783866531109 9783866538665 3866538669 1283014459 9781283014458 9786613014450 3866531109 Year: 2009 Publisher: Munich Sellier European Law

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Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate.A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict.


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Public liability in EU law: Brasserie, Bergaderm and beyond
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ISBN: 9781849461337 1849461333 Year: 2011 Volume: 27 Publisher: Oxford Hart

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"Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law"--Provided by publisher.

Mergers and merger remedies in the EU : assessing the consequences for competition.
Authors: ---
ISBN: 9781847207418 1847207413 9789279055652 9279055658 Year: 2007 Publisher: Cheltenham Elgar

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