The Treaty on European Union 1993-2013

reflections from Maastricht

The Treaty on European Union, popularly known as the Maastricht Treaty, has had a profound impact on the process of European integration. This book commemorates the entry in force of the Treaty 20 years ago by evaluating the legal impact it has had on the ...

The effects of judicial decisions in time

Constitutional review is a hot topic in contemporary constitutional debate and design. However, the legal force of judicial decisions, and in particular their effect in time, is an under-studied issue in the literature. This is remarkable, considering the substantial impact of these decisions on the ...

Parliamentary immunity

a comprehensive study of the systems of parliamentary immunity in the United Kingdom, France, and the Netherlands in a european context

Is it necessary and just that parliamentarians are immune from legal action? If so, to what extent is such immunity justified and which purpose does it serve? These questions reveal a constitutional dilemma. On the one hand, parliamentary immunity safeguards the necessary independence of the ...

Motive matters!

an exploration of the notion 'deliberate breach of contract' and its

This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because providing equal remedies for ...

Standing up for your right (s) in Europe

a comparative study on legal standing (Locus Standi) before the EU and member states' Courts

This book is based on a report submitted to the European Parliament, whose aim was to provide a comparative analysis of legal provisions, doctrine and case-law on locus standi before civil, administrative and criminal courts of some selected legal systems and before the EU courts ...

Legal education

reflections and recommendations

This book on Legal Education was written based upon many of the author's experiences as professor and dean. The author noted that there is relatively few literature and research about legal education and felt it was necessary to discuss legal education in present times ...

European union property Law

from fragments to a system

The European acquis communautaire in the field of property law is to a large extent still unexplored. This study has aimed to shine a light on EU property law. It provides an overview of the existing acquis communautaire in property law, and presents a proposal ...

Truth and efficiency in civil litigation

fundamental aspects of fact-finding and evidence-taking in a comparative context

In the pursuit of justice, truth always plays a prominent role. Few if any legal systems are willing to waive the right to claim that the results of their legal processes are fair, just and above all based on the truth. In most legal systems ...

Administrative Law of the European Union its member states and the United States

a comparative analysis

This volume offers a comparative introduction to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the UK), at the level of the European Union, and in the United States. It contributes to the 'transboundary' understanding of different ...

Constitutional conversations in Europe

actors, topics and procedures

The relationship between national constitutional courts and the European Court of Justice (CJEU) is increasingly cast in terms of communication, understood as having a constructive connotation, and as an alternative to the prior and more destructive language of guerre des juges, conflict and revolt. This ...

Market integration through "network governance"

the role of european agencies and networks of regulators

This book assesses the role of EU agencies and networks of regulators from a legal perspective, thus linking the role of law to the debates on network governance. Two case studies form the core of the research: EU energy and electronic communications regulation. The institutional ...

Alternative ways to Ius Commune

the europeanisation of Private Law

In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C ...

Property Law perspectives

This book is the result of the second gathering of the Young Property Lawyers Forum (YPLF), which is an informal network of young property law researchers. The YPLF brings property law scholars together from around the world and enables them to discuss their work with ...

The power of punitive damages

is Europe missing out?

At its annual conference in November 2010, the Ius Commune Research School devoted its Liability and Insurance Workshop to "The Power of Punitive Damages." European legal scholars and policy makers - in their search for better ways to enforce private and public legal rules, prevent damage ...

The Draft common frame of reference

national and comparative perspectives

The Draft Common Frame of Reference (DCFR) is the result of more than 25 years of academic research on European private law. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in ...

Educating european lawyers

The continuing and accelerating process of European integration impacts European legal education - or ought to have an impact on the ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that ...

The changing role of the European Council in the institutional framework of the European Union

consequences for the european integration process

In this book - intended for everyone interested in EU decision making - two main research questions will be answered. Firstly, what is the relationship between the European Council and the other EU institutions? Secondly, what are the various roles of the European Council in the EU ...

The effect of a change of circumstancces on the binding force of contracts

comparative perspectives

This book studies the situation where unexpected circumstances render the performance of a contract much more difficult or onerous and those which frustrate the purpose of the transaction.The complexity of modern contractual relationships and, in general, of the social and economic environment, requires similar ...

The landscape of the legal professions in Europe and the USA

continuity and change

The present volume deals with recent developments in the legal profession in Europe and in the United States of America from a comparative and historical perspective. Apart from discussing the legal profession in general, specific attention is paid to the Latin Notary, the Advocates, the ...

The Costanzo obligation

the obligations of National Administrative Authorities in the case of incompatibility between national Law and european Law

National administrative authorities are obliged to leave provisions of national law unapplied when these are incompatible with EU law. Irrespective of their position and powers under national law, national administrative authorities are supposed to comply with this so-called ‘Costanzo obligation’ as established by the Court ...