National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
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.
Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of
ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the
ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.
does not fall within the scope of eulaw.
However, the European Court of Justice ( ecj ) has held that “[a]lthough, as Community law stands at present, the rules governing a person’s surname are matters coming within the competence of the Member States, the latter must none the less, when
competition authority, the outcome of which is impending and is probable to have an effect on the arbitration proceedings. Moreover, this author considers that an independent arbitration should be able to address Article 267 TFEU preliminary references on matters of EUlaw to the Court of Justice.
This book portrays the achievements and progress of equality at work between men and women. The relevant UN Conventions, the ILO Philadelphia Declaration of 1944 and the numerous ILO Conventions and Recommendations on the development of equality are recalled. The European Union has applied and developed the universal ILO standards, empowering rights of equality with effective remedies through EU legislation and enforcement by its Court of Justice. The issues covered include equal remuneration and treatment, positive or affirmative action, dignity of the worker, maternity protection, part-time work and indirect discrimination, workers with family responsibilities and child care. New perspectives, policies and trends are discussed in a conclusion.
Pursuant to Article 151(4) EC, when exercising its competences under the various policy areas within its purview, the European Community must heed the cultural repercussions of its activities, so as to refrain from jeopardising the preservation and further enhancement of Member States’ cultural diversity. Evaluating the degree of accommodation, or lack thereof, of cultural considerations in EC law and action, this book offers valuable insight into the plethora of ways in which the European institutions seek to balance cultural with other legitimate EC policy objectives. The study draws upon a series of policy areas that are (or can be) enriched with a cultural dimension and examines concrete judicial and legislative instances attesting to the efforts deployed to deliver coherent, culture-sensitive policies at EC level.
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
early that the eulaw forms a ‘new legal order’ of international law. 15 As such it has been attached a special identity separate from international law. This necessarily means that the ‘new legal order’ demonstrates certain properties which are not found in the traditional international legal order