European fisheries Law

from promotion to management

The Community#s Common Fisheries Policy was established to ensure that the exploitation of living aquatic resources in Community waters and by Community fisheries is carried out at sustainable levels. However, since its inception in 1970, the CFP has pursued conflicting objectives. On one hand ...

Jurisdictional competition

selected cases in international and european Law

Jurisdictional competition is a relatively new but increasingly important phenomenon in European and international law. The ongoing proliferation of various international courts and tribunals results in a multiplication of judgments and arbitral awards, which potentially conflict with each other. Moreover, the ever expanding exclusive jurisdiction ...

Ec and EEA Law

a comparative study of the effectiveness of european Law

The effectiveness of European Community law is probably the most distinguishing feature of this unique legal order in contrast with classic international law. By contrast, the effectiveness of European Economic Area law (EEA Law), the way this other even more sui generis legal system provides ...

National courts and the standard of review in competition Law and economic regulation

Eds. Oda Essens, Anna Gerbrandy and Saskia Lavrijssen. This book deals from a comparative perspective with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and ...

Shaping rule of Law through dialogue

international and supranational experiences

Eds. Filippo Fontanelli, Giuseppe Martinico, Paolo Carrozza. The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges. Against ...

The rise of comparative Law

a challenge for legal education in Europe

Over the past years, academics have re-acquired a significant role in the European law-making process. A truly European legal research, based on various networks has developed. This Lecture examines the discrepancy between, on the one hand, the rise of European and comparative law and, on ...

Dispute avoidance and european contract Law

dealing with divergence

Since early 2000 the European institutions have politically prioritised the need for greater coherence and uniformity in European private law. Contract law in particular has remained centre stage. Concerns that the functioning of the Community#s internal market has been hampered by divergence in Member ...

Political accountability in Europe

which way forward?: a traditional concept of parliamentary democracy in an EU context

The aim of this project is to further develop a European concept of political accountability. Therefore, it can be relevant to identify what political accountability precisely means in the various Member States. In order to identify common principles (ius commune), twelve distinguished constitutional lawyers and ...

A composite european Constitution = Een samegestelde europese constitutie

In this inaugural address the author discusses the nature of the European constitutional order, understood as the sum total of national constitutions and the EU constitutional order. He points out some of the shortcomings of describing this as a 'multilevel' constitutional order, which hinges on ...

Sustainable development in international and national Law

Sustainable development has become a central objective in national and international policy of development and the environment. Increasingly it also marks international and national law. In this book scholars in environmental law treat legal theories on sustainable development and how it may be operationalized, and ...

The process of constitutionalisation of the EU and related issuses

The main objective of the book is to give an analysis of relevant parts of the European Union legal order with regard to some envisaged cardinal changes in the field of acquis communautaire, which are linked directly to the constitutional development at supranational level. The ...

Moving water and the Law = Beweged water

on the distribution of water rights and water duties within river basins in European and Dutch water Law = Over de verdeling van waterrechten en waterplichten binnen stroomgebieden in het Europese en Nederlandse recht

Text in english and dutch This inaugural address (June 5th, 2008) discusses water law from the perspective of the protection of water rights, granted in European and Dutch water Law, with a focus on a fair distribution of water rights. It looks for a connection ...

The european competition rules

landmark cases of the European Courts and the Commission

This book aims at providing the Legal Masters student throughout Europe's universities with a thorough selection of case law that would be of direct help when studying the subject for the first time. The primary criterion for selection has been whether a particular case ...

Rethinking international criminal Law

the subtantive part

After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law, by ...

Interface between EU Law and national Law

The book is aimed at examining the interface or interaction between European Union (EU) law and national law, in particular at assessing the delineation of competences between the EU and its member states regarding various policy areas. The book is intended not only to investigate ...

Collective enforcement of consumer Law

securing compliance in Europe through private group action and public authority intervention

In the 1970s and 1980s, the consumer rights movement in Europe primarily focussed on improving consumer rights by way of changing the substantive law. Moreover, from the second half of the 1980s onwards, consumer law increasingly became of interest to the European Union. In the ...

Quality of decision-making in public Law

studies in administrative decision-making in the Netherlands

Administrative decisions of government agencies are a fact of present day life and the general public is confronted with them all the time. Therefore legal quality of administrative decisions matters to people. It is in the interest of the individual person and the general public ...

National and regional parliaments in the european constitutional order

How does the Parliament of the United Kingdom hold ministers to account for their European policies? How does the EU principle of subsidiarity affect the relation between Westminster and the Scottish Parliament? How does Belgium accomodate its powerful regional assemblies into the European role of ...

General principles of community Law

This is the stage whereby the general principles are created as a result of the influence of Member States law, as well as the influence of international instruments, e.g. the European Convention on Human Rights. This stage is clearly related to the use of ...

The use and utility of international arbitration in EC Commission merger remedies

a novel supranational paradigm in the making?

This new book seeks to analyse and discuss the European Commission#s recent use of arbitration clauses as a mechanism for the judicial monitoring of especially behavioural remedies in the context of EC merger control. As the discussions will show, despite the partially #pathological# nature ...