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The Principle of Loyalty in EU Law
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
The Free Movement of Capital and Foreign Direct Investment
The book deals with one of the key areas of EU law. It explains and analysis in great detail the EC Treaty provisions on free movement of capital. A sound understanding of those provisions will assist, firstly, foreign investors willing to set up or to acquire an undertaking in one of the EU Member States in identifying and fending off protectionist measures of their potential host State by taking recourse to EU law. Such protectionist measures can, for example,take the form of discriminatory tax regimes or restrictive market access policies This study, secondly, will also be useful for EU investors which face discriminatory or restrictive treatment by aMember State due to their investments outside the EU. The study will provide legal advisors, tax consultants but also government officials and lobby groups with the necessary, easy accessible information, including a wide range of reference sources, which is vital to conduct their complex work effectively on behalf of their clients and principals. Furthermore, the study fills a research gap in one of the key areas of EC law and is, therefore, a valuable tool for scholars and advancedstudents.
European Energy Law
Das Buch zum Energierecht der Europäischen Union beinhaltet neben einer Einführung (Begriffe, Überblick) das Marktmodell für Strom und Gas (z.B. Gleichbehandlung, Netzzugang), die Regulierungseinrichtungen (ACER, Anforderungen an die nationalen Regulierungsbehörden) und die europäischen Koordinierungseinrichtungen (ENTSO [Strom] usw.). Ein eigenes Kapitel ist der Versorgungssicherheit für Strom- und Gas (Risikovorsorgeplan [Strom], Notfallplan und Solidaritätsprinzip [Gas]) gewidmet. Daneben werden die erneuerbaren Energien, Energieeffizienz, Speicherung, Dezentralisierung (Energiegemeinschaften) und Digitalisierung (Smart Meters) behandelt. Den Abschluss des Buches bildet das Kapitel "Energiesystem der Zukunft" (Green Smart Grid).
The New European Central Bank: Taking Stock and Looking Ahead
The European Central Bank (ECB) was first introduced in the European legal order on the occasion of the Treaty of Maastricht (1992). An official EU institution which is governed by EU law, the ECB of modern times differs vastly from its inception in 1998, which manifests in three main ways: monetary policy options, consideration of concerns other than low inflation in its policy-making, and its role in the Banking Union. This edited collection offers a retrospective and prospective account of the ECB, charting its evolution in detail with chapters written by leading academics and practitioners. Part 1 examines the substantive changes to monetary policy introduced by the ECB as a consequence ...
Screening Foreign Direct Investment in the EU
Foreign Direct Investment (FDI) from third countries—a desirable form of investment to boost the EU’s economy or a threat to important EU and Member State interests that must be mitigated via FDI screening mechanisms? FDI screening is a complex, controversial and highly topical subject at the intersection of law, politics and economics. This book analyzes the political rationale behind FDI screening in the EU, reveals the legal limitations of current FDI screening mechanisms based on security and public order, and identifies legislative options for broader screening mechanisms in accordance with EU and international economic law. In particular, the book identifies the four main concerns ...
The Human Rights of Companies
This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-à-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As th...
Fundamentals of software law. Software product liability issues, software quality control and the developer's liability in the European Union
Seminar paper from the year 2022 in the subject Law - IT law, grade: 1,0, Humboldt-University of Berlin, language: English, abstract: This paper is about: Software product liability issues, software quality control and the developer's liability in the European Union as implemented in Germany, discussed on the example of autonomous vehicles. Product liability is the responsibility a producer, as a legal person, has towards another subject, the consumer, with regard to an act. The producer is liable for the act of producing and/or placing a product on the market. The liability obligation in the case of product liability does not result from the contractual obligation between the contracting pa...
Towards a Common European Immigration Policy
Immigration policy has become a very controversial subject for legal policy discussion in the European Union. Dramatic demographic changes make it evident that immigration is one of the means for replacing an ageing labour force and maintaining the social system. A comprehensive immigration policy has to take into account the needs of the labour market, efficient selection procedures and the cost of integration. In October 2002 the Institute for Legal Policy at the University of Trier held a workshop on those issues. Eminent specialists from different European countries presented papers on different aspects of immigration and integration in an interdisciplinary way. These papers and the discussion reports are contained in this volume.
The World Bank Legal Review
This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.
