This book is based on a selection of papers presented at the Conference in Malmu, Sweden, which was organized by the Swedish Network for European Legal Studies in cooperation with the Faculty of Law of the University of Lund. The purpose of the conference was to analyze general principles and their scope in the EU legal order with special emphasis on their role in the creation of a jus commune europaeum. The impact of the general principles of Community Law at the national level was analyzed and also how these principles have been transformed into the national legal systems. Also...
This book is based on a selection of papers presented at the Conference in Malmu, Sweden, which was organized by the Swedish Network for European Lega...
The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest." Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a...
The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest." Its place is being steadily usurped by a ...
The authors offer an in-depth comparative analysis of takeover law as it exists in the United States and as it is currently developing in Europe. They emphasize the failed takeover directive of 2001, as its content is already determining new proposals currently in preparation.
The authors offer an in-depth comparative analysis of takeover law as it exists in the United States and as it is currently developing in Europe. They...
A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in...
A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect co...
Does European Community law represent a new kind of transnational constitutional law? The question is important in the long term because it relates to the future of Europe. More immediately, it concerns the manner in which Community law is interpreted by courts. According to the case law of several national courts, Community law is a special form of international law, ultimately controlled by the Member States. According to the case law of the European Court of Justice, however, it is a form of constitutional law which cannot be controlled by national courts. In the European Courts case law...
Does European Community law represent a new kind of transnational constitutional law? The question is important in the long term because it relates to...
Sport is recreational, social, educational, healthful, and cultural. It has always been all of these things. Perhaps also it has always been political. In recent years, however, it has become something else besides: economic. Nowadays a lot of money is invested in sport, and sporting competitions often generate enormous amounts of revenue. This has entailed serious repercussions, especially for the relations between individual sportsmen/sportswomen and the sporting clubs and federations that act as brokers for their careers. Into this protected area-for decades a closed shop-now come the...
Sport is recreational, social, educational, healthful, and cultural. It has always been all of these things. Perhaps also it has always been political...
Dr Cseres' in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: - the role of competition law and consumer law in a free market economy; - the notion of consumer welfare; - the notion of consumer welfare; - the effect of the modernisation of EC competition law for consumers; - special significance of vertical agreements and merger control; and, - how consumers...
Dr Cseres' in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and...
The resounding popular rejection in France and the Netherlands of the proposed EU Constitutional Treaty has focused attention on the role played by national parliaments in the process of European integration. Recognizing the need for an in-depth critical analysis of the complex interrelations between national parliaments and the European Union, this book draws on political science research findings as well as concepts from European and comparative constitutional law to bring the relevant issues and problems into bold relief. Among the perspectives along which the presentation approaches the...
The resounding popular rejection in France and the Netherlands of the proposed EU Constitutional Treaty has focused attention on the role played by na...
