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  • Hart Publishing, Oxford - Good books for lawyers
    This book s concern is to provide an examination of the several and interlocking challenges which the Lisbon reforms present The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments post Lisbon but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed pre Lisbon and which endure The book consists of three parts The first part is concerned with the safeguarding of fundamental rights in Europe s internal market The second part of the book is entitled The Scope of Fundamental Rights in EU Law and the chapters discuss the reach of fundamental rights and their horizontal dimension The last part of this book deals with The Constitutional Dimension of Fundamental Rights analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights the European Convention on Human Rights and national rights catalogues Sybe de Vries is Associate Professor of European Law and the Jean Monnet Chair in EU Single Market Law and Fundamental Rights at the Europa

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464437 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    governance Some of them believe that constitutionalism traditionally thought to be bound to a nation state can emerge beyond state borders most importantly in the process of European integration but also beyond that for example in international regulatory regimes such as the WTO or international systems of fundamental rights protection such as the European Convention At the same time the idea of constitutional pluralism has not gone unchallenged Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism The critiques have come from both sides from those who believe in the traditional European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states The book collects contributions taking opposing perspectives on constitutional pluralism some defending and promoting the concept of constitutional pluralism some criticising and opposing it While some authors can be called the founding fathers of constitutional pluralism others are young academics who have recently entered the field Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism enriching our existing understanding of the concept in current scholarship Matej Avbelj is an Assistant Professor

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461252 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of Justice has been alluding to abuse and abusive practices for more than thirty years but for a long time the significance of these references has been unclear Few lawyers examined the case law and those who did doubted whether it had led to the development of a legal principle Within the last few years there has been a radical change of attitude largely due to the development by the Court of an abuse test and its application within the field of taxation In this book academics and practitioners from all over Europe discuss the development of the Court s approach to abuse of law across the whole spectrum of European Union law analysing the case law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated principle of prohibition of abuse of law for the development of the laws of the EU and those of the Member States Rita de la Feria is Professor of Tax Law at the Durham Law School University of Durham UK and Programme Director at the Oxford University Centre for Business Taxation UK Stefan Vogenauer is Professor of Comparative Law at the University of Oxford a

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139388 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the past decade both in terms of enforcement and substantive application One of the last frontiers to be subjected to scrutiny has been Article 82 In recent years the European Commission has pushed forward the debate on the nature and scope of Article 82 Of major significance to this debate were the Commission s Consultation Paper on an economic approach to Article 82 the Discussion Paper on the application of Article 82 to exclusionary abuses and the Commission s recent Guidance on its enforcement priorities in applying Article 82 The debate over the realm of Article 82 EC has raised important questions as to its past and present application This collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution The chapters cover a range of subjects including the legal and economic implications of an effects based approach to Article 82 EC the recent Commission Guidance on Article 82 EC the interface between intellectual property rights and competition law licensing tying excessive pricing and the protection of the consumer interest Ariel Ezrachi is the Slaughter and May Lecturer in Competition Law at the University of Oxford and the Director of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841132501 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Philippe Théry Recent case law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation In particular the case law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law The UK for instance has adopted the Enterprise Act in 2002 designed inter alia to enhance enterprise and to strengthen the UK s approach to bankruptcy and corporate rescue In a similar vein a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English company voluntary arrangement CVA This book provides a collection of studies by some of the leading English and French experts today analysing current perspectives of insolvency and financial law in Europe both on the national as well as on the European level Wolf Georg Ringe is Professor of International Commercial Law at the Copenhagen Business School Louise Gullifer is Professor of Commercial Law at the University of Oxford and a tutor at Harris Manchester College Philippe Théry is Professor of Law at the University Paris II Panthéon Assas

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139357 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    law of delict and the law of unjustified enrichment There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such This volume is the first publication to introduce the reform proposals to an English speaking audience It contains the official English translation of the text and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective Topics covered include negotiation and renegotiation of contracts la cause the enforcement of contractual obligations termination of contract and its consequences the effects of contracts on third parties the definition of la faute the quantification of damages and the law of prescription The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant projet established by the French Supreme Court the Cour de cassation The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law It is also of use to all private lawyers both academics and practitioners looking for

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138053 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    regarded as a generally enforceable right following from the contract Developments in approximation of laws in Europe in particular in consumer sales law suggest however that a convergence of these approaches may be within reach Putting the focus on the contract of sale which as the most common type of contract may fulfil a leading role in the harmonisation process this book aims to provide a model for further convergence of European sales laws engaging with issues of contract theory and comparative law lying at the heart of the process Independently from this the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL a plea is made for a primary position for performance oriented remedies in the harmonisation of European sales law In this context special significance is attributed to the possibility of cure by the seller which has both practical and conceptual links to the buyer s remedies aimed at performance Vanessa

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138930 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    protection law in the Member States and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards arguably through deterrence A sequence of case studies illustrates the pros and cons of differing models Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms and adverse economic consequences The various policy strands are unravelled and prioritised and options for the future are recommended The American private enforcement model is contrasted with the more prevalent European public and mediated enforcement tradition New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified and underlying theories of restorative justice and responsive regulation discussed Public private formal informal ADR and voluntary methodologies are evaluated against criteria and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches with priority given to public and voluntary solutions over private court based mechanisms Reform of collective redress is the hottest topic in European civil justice today Dr Hodges one of the world s leading experts in the field provides a deeply informed evaluation of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139029 (2016-02-13)
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