This book studies the implications for third-country nationals of the adoption of the Long-term Residence Directive. This Directive has the potential to become a subsidiary form of EU citizenship which escapes direct control by Member States. Hence, this Directive brings the prospect of transforming Member States’ control over the relationship between territory and population. In order to arrive at this conclusion, the book looks at its content and at the way in which Member States have implemented some of its most controversial articles. It then explores how the Court of Justice could interpret those articles, taking into account its previous jurisprudence on Turkish workers and EU citizens and calling into question the compliance of several national provisions with EU law.
An Analysis of Directive 2003/109
Diego Acosta Arcarazo
The Regulation of Gambling
Since the 1990s the European Court of Justice has provided an institutional backdrop from which the requirements of EU law regarding gambling regulation are evolving. Given the total absence of harmonisation, Member States are competent to regulate gambling conditional upon such regulation being compatible with EU law. This book analyses the regulatory approaches undertaken in France, the Netherlands and the United Kingdom regarding a variety of forms of online and offline gambling with a view to assessing the compatibility of these approaches. Furthermore it illustrates prevailing commonalities between the regimes and injects a degree of realism into the debate, softening the hard stance taken by stakeholders at opposite ends of the policy spectrum.
From Infamous Commerce to the Market for Sexual Goods and Services
Sexual services and goods are regularly, and legally, offered in all Western countries. Although they are shunned through the age old maxims of in pari causa turpitudinis and nemo auditur, there is a growing tendency, both in legislation and case law, to recognize the effects of these contracts. The book analyzes the policies underlying the regulation of sexual services and goods and indicates some important conflicts: self-determination against human dignity, refusal of commodification of women’s bodies against protection of sex workers, regulatory approach against prohibition. The analysis touches sensitive issues such as zoning, sexual tourism, private sexual practices, consumers of sex enhancers. The volume takes a legal-realistic approach trying to see the private law aspects of what was considered only as ‘infamous commerce.'
Edited by Alan Littler, Nele Hoekx, Cyrille J.C.F. Fijnaut and Alain-Laurent Verbeke
Edited by Gerhard Loibl and Stephan Wittich
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume contains longer analytical articles that cover theoretical as well as practical questions in all areas of international and European law, and a section dealing with current developments and emerging tendencies in the field. Occasionally, the Review also features a documentary part that makes accessible to the interested reader selected materials not or not easily available elsewhere. An important integral element of the Review is its comprehensive digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding section of the Review contains longer book reviews, shorter book notes and a selective bibliography on international investment law prepared by the library of the Peace Palace in The Hague
Edited by Council of Europe/Conseil de l'Europe
This volume contains two manuals in both English and French on the topic of the wearing of religious symbols in public areas (written by Malcolm Evans) and hate speech (written by Anne Weber). The manuals fall within the scope of the Committee of Experts for the Development of Human Rights, and were prepared under the authority of the Steering Committee for Human Rights, as part of its work on human rights in a multicultural society. They were launched during the conference "Human Rights in culturally diverse societies: Challenges and perspectives" which was organised by the Council of Europe in The Hague, The Netherlands.
Following some ten years as a practicing lawyer and consultant, Kirstyn Inglis has been researching the evolving legal practice of EU enlargement for over ten years. This book, succinctly, introduces this evolving practice, covering ‘transitional arrangements’ in accession treaties, the Treaty of Lisbon, recent European Court case law, the specific governance challenge of incorporating Bulgaria and Romania and the strategy for future enlargements to bring in the Western Balkans and Turkey. In part two, the examples of the environment and the agri-food acquis are explored, including the analysis of the transitional arrangements in practice. Overall, the diversity and complexity of the pre-accession and post-accession challenge of enlargement becomes apparent, as do key challenges for the evolution of the acquis communautaire in an enlarging Union at a time when Croatia is waiting to sign its own accession treaty.
Principles and Strategies of Full Integration
Stéphanie Laulhé Shaelou
The European integration of Cyprus is the outcome of a process commenced over thirty years ago within the context of the EC external trade relations, culminating in Cyprus’ accession to the EU in 2004 and still ongoing within the framework of the EU external relations. The key issue concerns the achievement of ‘full’ integration arguably through a mode of European integration re-formulating traditional parameters of economic, societal and political integration. Beyond the obvious academic interest arising out of a comprehensive comparative socio-legal study of the process of European integration of a state lying at the EU periphery and, as such, largely ignored in the literature, this book re-directs principles of differentiated European integration towards new means and meanings.
Justification Provisions of GATT, GATS, SPS and TBT Agreements
This volume examines the complex relationship between economic and non-economic objectives in WTO law. It discusses how non-economic objectives (such as the protection of public morals, life and health, environment, or human rights) can serve as justification for trade-restrictive measures normally prohibited under WTO law. The relevant non-economic grounds of justification are analysed, as well as the substantive and procedural requirements which restrain the use of trade-restrictive measures taken for non-economic purposes. The issues covered by this book also have wider systemic implications for the WTO. Only if the WTO can demonstrate that it is not just concerned about free trade, but respects non-economic objectives as well, is it likely to remain a sustainable and legitimate form of governance.