Study on changing structure of international law and economic legislation - discusses definition, historical background, institutional framework, role of international organizations, comparative law and legal theory contributing to the debate on a new international economic order; includes a literature survey and the text of the Charter of Economic Rights and Duties of States (General Assembly Resolution No. 3281).
In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares and reconstructs the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation (competition, financial services, chemicals, consumer law, electronic communications and energy). EU market supervision developments have been plentiful over the past decade, but have so far mainly been studied in their own sector-specific context. On the basis of an innovative cross-sector investigation, Pieter Van Cleynenbreugel identifies and conceptualises common or converging EU constitutional benchmarks underlying those sector-specific administrative design developments. Those benchmarks better allow to conceptualise, predict and restrain future EU integrated administration structures and initiatives in those and other fields of European Union law.
Fair Immigration Proceedings in Europe deals with international minimum standards for effective and fair immigration proceedings which apply for the region of the European Union. It is the first study to analyze systematically the impact of a wide range of relevant treaties under the UN, the Council of Europe and the European Union on the quality of national immigration proceedings. As a result, a coherent picture has come to the surface, which, despite several lacunae, gives a surprising view of the acquis of binding obligations on EU Member States in this field. Special attention is given to the greater conventions like the Refugee Convention of Geneva, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EC Treaty. Because of its systematic structure, the book is readily accessible for quick consultation. It constitutes an important tool for litigation practice and legislation for civil servants, judges, attorneys and researchers. It will also be of interest to academics because of its analysis of the interaction between minimum norms and equal treatment norms when implemented in municipal law.
This open access book examines more than two centuries of societal development using novel historical and statistical approaches. It applies the well-being monitor developed by Statistics Netherlands that has been endorsed by a significant part of the international, statistical community. It features The Netherlands as a case study, which is an especially interesting example; although it was one of the world’s richest countries around 1850, extreme poverty and inequality were significant problems of well-being at the time. Monitors of 1850, 1910, 1970 and 2015 depict the changes in three dimensions of well-being: the quality of life 'here and now', 'later' and 'elsewhere'. The analysis of two centuries shows the solutions to the extreme poverty problem and the appearance of new sustainability problems, especially in domestic and foreign ecological systems. The study also reveals the importance of natural capital: soil, air, water and subsoil resources, showing their relation with the social structure of the ‘here and now ́. Treatment and trade of natural resources also impacted on the quality of life ‘later’ and ‘elsewhere.’ Further, the book illustrates the role of natural capital by dividing the capital into three types of raw materials and concomitant material flows: bio-raw materials, mineral and fossil subsoil resources. Additionally, the analysis of the institutional context identifies the key roles of social groups in well-being development. The book ends with an assessment of the solutions and barriers offered by the historical anchoring of the well-being and sustainability issues. This unique analysis of well-being and sustainability and its institutional analysis appeals to historians, statisticians and policy makers.
This book examines the relevance of a theoretical model of health care law-making in several Central and Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a method of law-making based on legal-theoretical understanding. Case study research in three selected countries justifies the conclusion that the analytical model rationalises the law-making activity, including the 'EU law approximation process'. What is more, it became apparent that the importance of this theoretical model is not restricted only to the selected countries but may also be a valuable instrument for other countries in transition in the region. Health care law-making in Central and Eastern Europe - Review of a legal-theoretical model provides a unique resource for scholars and policy makers interested in legal reforms in Central and Eastern European health care systems.
An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention. The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice and case-law of both the European Commission and the European Court of Human Rights, and is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission's procedures and working methods, and by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice and case-law of the new Court for many years to come.
This is the long-awaited third English-language edition of the definitive work Introduction to the Law of the European Communities. It incorporates the fifth Dutch edition (from 1995) and has been further revised in cooperation with the editors of that edition to take account of developments up to the spring of 1998. The work examines and critically analyses the developments in the whole field of the law of the European Communities, and includes the legal aspects of the second and third pillars of the European Union as well. The book provides a detailed study of the current state of European Community law, including observations on the outcome of the Amsterdam Treaty. It deals authoritatively with the institutional, procedural and substantive law aspects of Community Law and also covers the historical, political and economic background. Particular attention has been paid to the most recent developments in the movements towards Economic and Monetary Union and the important changes in the social policy provisions adopted in the Treaty of Amsterdam. The principal aim of the publication is to provide an up-to-date reference work for legal practitioners, both professional and academic, and to deepen understanding of the complex nature of the interactions between the various aspects of Community Law. As the previous editions have shown time and again, this major reference work is of immense value to all concerned with the law of the European Communities, from high-level adminsitrators to students.
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