The Politics of Justice in European Private Law PDF Download

Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108424120
Category : Law
Languages : en
Pages : 489

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Book Description
Compares national concepts of social justice with the developing European concept of access justice.

Author: Floris de Witte
Publisher: OUP Oxford
ISBN: 019103634X
Category : Law
Languages : en
Pages : 257

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Book Description
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category : Law
Languages : en
Pages : 561

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Book Description
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Author: Xandra Kramer
Publisher: Springer Nature
ISBN: 3030666379
Category : Law
Languages : en
Pages : 313

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Book Description
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author: Émilie Delivré
Publisher:
ISBN: 9783428144044
Category : Jury
Languages : en
Pages : 212

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Book Description

Author: María Elósegui
Publisher:
ISBN: 9783030560027
Category :
Languages : en
Pages : 0

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Book Description
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.

Author: Burkhard Hess
Publisher: Bloomsbury Publishing
ISBN: 150990171X
Category : Law
Languages : en
Pages : 385

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Book Description
This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.

Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 9780215553577
Category : Political Science
Languages : en
Pages : 126

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Book Description
Incorporating HC 54-i-iii, session 2009-10 and HC 1093-i-ii, session 2008-09

Author: Cinzia Pica-Smith
Publisher: Routledge
ISBN: 1351057294
Category : Education
Languages : en
Pages : 201

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Book Description
Europe is a multi-ethnic society experiencing a rise of anti-immigration, racist, xenophobic discourses, and right-wing political rhetoric and movements proposing legislation to further solidify structural inequality and institutionalized systems of oppression that fuel educational inequities. Social Justice Education in European Multi-ethnic Schools brings together researchers in the fields of sociology and education to examine debates in multicultural education. Drawing on critical theory, the book takes an in-depth look at how these challenges are being addressed (or not addressed) in educational contexts and in the proposed framework of intercultural education adopted as a conceptual and educational framework by the European Union over the last two decades. The book begins with an analysis of the sociological models and theories of migration and their connection to multiculturalism and interculturalism. It engages in the current debate between multiculturalism and interculturalism, bringing to light the "political rhetoric" that fueled narratives about the "failures" of multiculturalism, which ushered in the intercultural framework. It puts forth a critical analysis of interculturalism, linking it to neoliberalism, and policies of civic integration and the concept of govermentality. Advocating for a transformative framework informed in social justice education that aims to promote more equity in schools, it critically analyzes and discusses intercultural education, the pedagogical extension of interculturalism, as per the European documents highlighting its goals, pedagogies, tensions, and challenges. Social Justice Education in European Multi-ethnic Schools will be of great interest to academics, researchers, and scholars in the fields of intercultural, multicultural, and transformative education.

Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 178225482X
Category : Law
Languages : en
Pages : 512

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Book Description
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.