Cambridge Yearbook of European Legal Studies, Vol 9, 2006-2007

Name: Cambridge Yearbook of European Legal Studies, Vol 9, 2006-2007
Brand: Hart Publishing
Price: 194.99 EUR
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Catherine Barnard(Herausgeber*in)

Hart Publishing

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Erschienen am 18. Dezember 2007

598 Seiten

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Inhalt

Half title page
Title page
Title verso
Acknowledgements
Contents
List of Contributors
Table of Cases
Table of EC, International and National Legislation
1 Prohibited Grounds of Discrimination under EU Law and the European Conventionon Human Rights: Problems of Contrast and Overlap
I. INTRODUCTION
II. IDENTIFYING PROHIBITED GROUNDS OF DISCRIMINATION:SOME GENERAL ISSUES
III. EU ANTI-DISCRIMINATION LAW
IV. THE EUROPEAN CONVENTION ON HUMAN RIGHTS
V. OVERLAPS BETWEEN THE COURTS OF JUSTICE AND HUMAN RIGHTS
VI. EC AND CONVENTION-BASED ANTI-DISCRIMINATION CLAIMS IN DOMESTIC LAW
VII. IS THERE A SATISFACTORY WAY FORWARD?
VIII. CONCLUSION
2 The Binding Force of Babel:The Enforcement of EC Law Unpublished in the Languages of the New Member States
I. THE NATURE AND SCOPE OF THE PROBLEM
II. GENERAL PUBLICATION REQUIREMENTS FOR EC SECONDARY LEGISLATION
III. DEROGATIONS IN THE CASE OF ACCESSION
IV. GENERAL PRINCIPLES GOVERNING COMMUNICATION AND THE PUBLICATION OF LAW
V. THE ENFORCEABILITY OF EC LEGISLATION WHICH HAS NOT BEEN PUBLISHED IN THE LANGUAGES OF THE NEW MEMBER STATES
VI. LIABILITY
VII. LANGUAGE AS THE LIMIT OF NATIONAL CONSTITUTIONALOBEDIENCE?
VII. OUTLOOK: THE LINGUISTIC REALITY IN AN ENLARGED EUROPEAN UNION
3 From Van Duyn to Mangold via Marshall: Reducing Direct Effect to Absurdity?
I. INTRODUCTION
II. THE PARTICULARITY OF DIRECTIVES AND OF DIRECT EFFECT IN RELATION TO THEM
III. THE RATIONALE OF VERTICAL DIRECT EFFECT
IV. MARSHALL (NO 1)-DIRECT EFFECT AT A CROSSROADS
V. THE DUTY OF CONSISTENT INTERPRETATION
VI. 'INCIDENTAL' OR 'TRIANGULAR' DIRECT EFFECT
VII. THE EXCLUSION/SUBSTITUTION THEORY
VIII. THE DIRECT EFFECT OF GENERAL PRINCIPLES OF LAW
IX. CONCLUSION
4 The Many Meanings of 'Competition' in EC State Aid Law
I. INTRODUCTION
II. THE CONCEPT OF STATE AID: CONTRASTING LEGAL STANDARDS
III. THE MEANING(S) OF 'DISTORTION OF COMPETITION'
IV. CONCLUSION
5 Fundamental Rights and theTransformation of Governance in the European Union
I. INTRODUCTION
II. TWO FUNCTIONS OF FUNDAMENTAL RIGHTS IN THEEU LEGAL ORDER
III. THE IMPACT OF THE FUNDAMENTAL RIGHTS JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE
IV. BEYOND MARKETS AND HIERARCHIES: LEARNING
V. THE IMPLEMENTATION OF FUNDAMENTAL RIGHTS THROUGH 'NEW GOVERNANCE' APPROACHES
VI. CONCLUSIONS
6 Untying the Market Access Knot: Advertising Restrictions and the Free Movement of Goods and Services
I. INTRODUCTION
II. ADVERTISING RESTRICTIONS AND FREE MOVEMENTOF GOODS AND SERVICES
III. FROM DIVERGENCES TO CONVERGENCES: A TYPOLOGY OF TESTS
IV. A UNIFORM MARKET ACCESS TEST FOR BOTH GOODS AND SERVICES
V. INTRODUCING A THRESHOLD INTO TO THE TEST APPLIED TO GOODS AND SERVICES
VI. CONCLUSION
7 Negotiating European Legislation: The Services Directive
I. INTRODUCTION
II. POLITICAL BACKGROUND TO THE SERVICES DIRECTIVE
III. FACTORS AFFECTING NEGOTIATIONS IN COUNCIL
IV. CASE STUDY: ARTICLE 16
V. CONCLUSION
8 The Impact of Regulatory Competition on Measures to Promote Pluralism and Cultural Diversity in the Audiovisual Sector
I. INTRODUCTION
II. THE FRAMEWORK OF REGULATORY COMPETITION
III. CANADA
IV. THE UNITED KINGDOM
V. THE EUROPEAN COMMUNITY
VI. CONCLUSIONS
9 The Current Legal Frameworkon the Right to Seek Health Care Abroad in the European Union
I. INTRODUCTION
II. THE LEGISLATIVE AND TREATY FRAMEWORK: OVERVIEW
III. PATIENTS' RIGHTS TO SEEK HEALTH CARE ABROAD
IV. CONCLUDING REMARKS
10 The Boundaries of Sovereignty:The ECJ's Controversial Role Applying Internal Market Law to Direct Tax Measures
I. INTRODUCTION
II. BACKGROUND TO THE CONTROVERSY
III. FUNDAMENTAL FREEDOMS AND DIRECT TAX: THE BEGINNINGS
IV. FUNDAMENTAL FREEDOMS AND DIRECT TAX: THE MIDDLE AGES
V. FUNDAMENTAL FREEDOMS AND DIRECT TAX: THE ENLIGHTENMENT?
VI. CONCLUSION
11 Europol as the Director and Coordinator of the Joint Investigation Teams
I. INTRODUCTION
II. THE LEGAL SYSTEM OF THE JOINT INVESTIGATION TEAMS WITHIN THE EU
III. EUROPOL AS THE DIRECTOR AND COORDINATOR OF THE JOINT INVESTIGATION TEAMS
IV. CONCLUSIONS
12 'What Has It Got to Do Necessarily with the European Union?': International Family Law and European (Economic) Integration
I. INTRODUCTION
II. INTERNATIONAL FAMILY LAW: NOT SUCHA NEW FIELD FOR THE EC
II. INTERNATIONAL FAMILY LAW: NOT SUCH A NEW FIELD FOR THE EC
III. THE LEGAL BASIS FOR ADOPTING COMMUNITY LEGISLATIONON INTERNATIONAL FAMILY LAW
IV. SHOULD COMMUNITY CONFLICT OF LAWS BE LIMITEDTO INTRA-COMMUNITY CONFLICT OF LAWS?
V. CONCLUSIONS
13 Labour Rights as Human Rights: Implications for Employers 'Free Movement in an Enlarged European Union
I. INTRODUCTION
II. THE UNCERTAIN STATUS OF THE RIGHT TO STRIKEAS A HUMAN RIGHT UNDER EU LAW
III. LEGISLATION
IV. LITIGATION
V. CONCLUSION
14 EC Law and International Agreements of the Member States-An Ambivalent Relationship?
I. INTRODUCTION: THE EUROPEAN AND THE INTERNATIONALLEGAL ORDER
II. INTERNATIONAL AGREEMENTS OF THE MEMBER STATES PRIOR TO THE EC TREATY
III. INTERNATIONAL AGREEMENTS OF THE MEMBER STATES AFTER THE CREATION OF THE EC
IV. CONCLUSIONS: EC LAW AND INTERNATIONAL AGREEMENTS OFTHE MEMBER STATES-A MATURED RELATIONSHIP
15 Trusting Judges to Deliver Changes: Italy, the EU and Labour Law
I. INTRODUCTION
II. A JOURNEY ACROSS SOME ITALIAN STEREOTYPES
III. STATE AID GRANTED FOR TRAINING AND WORK EXPERIENCE CONTRACTS
IV. FIXED-TERM EMPLOYMENT CONTRACTS IN THE PUBLIC SECTOR
V. FOREIGN LANGUAGE ASSISTANTS, INDIRECT DISCRIMINATION AND FREE MOVEMENT OF WORKERS
VI. CONCLUSIONS
16 The Problems of Trans-border Evidence and European Initiatives to Resolve Them
I. THE ACQUIS AND THE NON-ACQUIS: LEGAL INSTRUMENTS ON EVIDENCE GATHERING, EXISTING AND PROPOSED
II. EVALUATION OF THE ACQUIS IN EVIDENCE-GATHERING
III. SUGGESTIONS FOR IMPROVEMENT
17 Fiscal State Aid: On Tax Exemptions and Reimbursement of Taxes
I. INTRODUCTION
II. EXISTENCE OF FISCAL STATE AID
III. REIMBURSEMENT OF PAID FISCAL CHARGES
IV. CONCLUSIONS
Index

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