Directive 1999/44/EC and the Smart Regulation: Has the Directive Complied with the Principles of Simplicity and Proportionality Under the Smart Regulation Initiative for Consumers in Germany and England and Wales?

Directive 1999/44/EC and the Smart Regulation: Has the Directive Complied with the Principles of Simplicity and Proportionality Under the Smart Regulation Initiative for Consumers in Germany and England and Wales? PDF Author: Zlatka Koleva
Publisher: Anchor Academic Publishing (aap_verlag)
ISBN: 3954893347
Category : Political Science
Languages : en
Pages : 61

Book Description
Consumption is one of the most influential, albeit dynamic, economic factors of the 21st century and, therefore, the legal rules and norms governing consumers are radically changing overtime. On European level, Directive 1999/44/EC has had a significant impact on the legal systems of member states, since its regulatory framework conflicts with well-established traditions rooted in the legal history of a country. This book will explore how and where the directive’s norms clash with national law; Germany and England and Wales will serve as examples of two opposite approaches towards its implementation. Furthermore, the effects of the directive’s incorporation into these domestic legal systems will be assessed in the light of the Smart Regulation’s normative principles of simplicity and proportionality in order to determine whether it has improved the position of the consumer or legal certainty has been once again undermined.

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264082921
Category :
Languages : en
Pages : 251

Book Description
This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.

Arbitrary and Capricious

Arbitrary and Capricious PDF Author: Gary Elvin Marchant
Publisher: American Enterprise Institute
ISBN: 9780844741895
Category : Business & Economics
Languages : en
Pages : 112

Book Description
This study examines how the European Union has used the precautionary principle in legal decisions.

The EU General Data Protection Regulation (GDPR)

The EU General Data Protection Regulation (GDPR) PDF Author: Christopher Kuner
Publisher: Oxford University Press, USA
ISBN: 9780198826491
Category : Law
Languages : en
Pages : 1360

Book Description
This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. The book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

Artificial Intelligence in Society

Artificial Intelligence in Society PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264545190
Category :
Languages : en
Pages : 152

Book Description
The artificial intelligence (AI) landscape has evolved significantly from 1950 when Alan Turing first posed the question of whether machines can think. Today, AI is transforming societies and economies. It promises to generate productivity gains, improve well-being and help address global challenges, such as climate change, resource scarcity and health crises.

Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union PDF Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Category : Law
Languages : en
Pages : 283

Book Description
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Guide to Foreign and International Legal Citations

Guide to Foreign and International Legal Citations PDF Author:
Publisher:
ISBN:
Category : Annotations and citations (Law)
Languages : en
Pages : 300

Book Description
"Formerly known as the International Citation Manual"--p. xv.

European Prison Rules

European Prison Rules PDF Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN: 9287159823
Category : Law
Languages : en
Pages : 133

Book Description
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Harmonizing European Copyright Law

Harmonizing European Copyright Law PDF Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041131302
Category : Law
Languages : en
Pages : 402

Book Description
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.

The New Regulatory Framework for Consumer Dispute Resolution

The New Regulatory Framework for Consumer Dispute Resolution PDF Author: Pablo Cortés
Publisher: Oxford University Press
ISBN: 0191079073
Category : Law
Languages : en
Pages : 513

Book Description
Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.