The Cambridge yearbook of European legal studies / edited by Catherine Barnard.

Format:

Book

Contributor:

Barnard, Catherine, editor.

Centre for European Legal Studies (CELS)

Series:

Cambridge Yearbook of European Legal Studies, v.9

Cambridge yearbook of European legal studies ; v. 9, 2006-2007

Language:

English

Subjects (All):

Law--Study and teaching--Europe.

Law.

Physical Description:

1 online resource (598 p.)

Edition:

1st ed.

Other Title:

Yearbook of European legal studies

Place of Publication:

Oxford : Hart Publishing, 2007.

Language Note:

English

Summary:

"The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 9 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs.html Editorial Advisory Board Albertina Albors-Llorens Catherine Barnard John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston Claire Kilpatrick John Spencer Founding Editors Alan Dashwood Angela Ward."--Bloomsbury Publishing.

Contents:

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 UNIONI. 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; 5 Fundamental Rights and theTransformation of Governance in the European Union

I. INTRODUCTIONII. 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 SERVICESV. INTRODUCING A THRESHOLD INTO TO THE TEST APPLIED TO GOODS AND SERVICES; VI. CONCLUSION; I. INTRODUCTION; II. POLITICAL BACKGROUND TO THE SERVICES DIRECTIVE; III. FACTORS AFFECTING NEGOTIATIONS IN COUNCIL; IV. CASE STUDY: ARTICLE 16; V. CONCLUSION; I. INTRODUCTION; II. THE FRAMEWORK OF REGULATORY COMPETITION; III. CANADA; IV. THE UNITED KINGDOM; V. THE EUROPEAN COMMUNITY; VI. CONCLUSIONS; I. INTRODUCTION; II. THE LEGISLATIVE AND TREATY FRAMEWORK: OVERVIEW; III. PATIENTS' RIGHTS TO SEEK HEALTH CARE ABROAD; IV. CONCLUDING REMARKS

I. INTRODUCTION

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786611357146

9781472564207

1472564200

9781281357298

1281357294

9781847314000

1847314007

OCLC:

476157089