Beweisrecht In Der Europaischen Union
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Author | : José Lebre de Freitas |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 490 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9041121374 |
This important book, the fifth in the Civil Procedure in Europe series, provides a comparative overview, of 13 EU countries and Switzerland, on the law of evidence. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. A comparative contribution by the editor, Professor Jose Lebre de Freitas, analyses the similarities and differences between the various European systems. Furthermore, the editor discusses attempts to harmonise the law of evidence in Europe and provides concrete suggestions for a future harmonisation or unification of this area of law. The countries covered are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and Switzerland.
Author | : Andriani Kalintiri |
Publisher | : Bloomsbury Publishing |
Total Pages | : 303 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1509919678 |
What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Author | : Renato Nazzini |
Publisher | : Oxford University Press |
Total Pages | : 486 |
Release | : 2011-12 |
Genre | : Law |
ISBN | : 0199226156 |
Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the common market. Here the difficulties of assessing abuse in terms of Article 82 in light of the objectives of EU competition law are addressed to establish a robust and workable analytical framework for abuse of dominance.
Author | : Claus Schönig |
Publisher | : Walter de Gruyter GmbH & Co KG |
Total Pages | : 425 |
Release | : 2020-08-10 |
Genre | : History |
ISBN | : 3112208757 |
The series Studies on Modern Orient provides an overview of religious, political and social phenomena in modern and contemporary Muslim societies. The volumes do not only take into account Near and Middle Eastern countries, but also explore Islam and Muslim culture in other regions of the world, for example, in Europe and the US. The series Studies on Modern Orient was founded in 2010 by Klaus Schwarz Verlag.
Author | : Vesna Rijavec |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 388 |
Release | : 2015-12-29 |
Genre | : Law |
ISBN | : 9041166653 |
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Author | : Francis Cheneval |
Publisher | : LIT Verlag Münster |
Total Pages | : 456 |
Release | : 2005 |
Genre | : Europe |
ISBN | : 9783825880118 |
Author | : Beata Przybylska-Maszner |
Publisher | : Logos Verlag Berlin GmbH |
Total Pages | : 510 |
Release | : 2018-11-25 |
Genre | : Political Science |
ISBN | : 3832547711 |
A strategic geographic location at the crossroads of Eurasia, makes Central Asia an arena of fierce rivalry between great powers. The development of transport and communications infrastructure in the region as well as resource wealth rapidly change its status in geopolitical arena. This collection explores the European Union's growing substantial geopolitical interest and presence in Central Asia. Authors analyze changes in the EU's economy, trade and investment relations with the region. They not only explain why the Central Asian region was until recently not regarded by the EU's trade and investment as a priority but identify the potential areas of cooperation, including water management, energy and transport. Authors discuss European engagement in various energy projects aiming mainly to secure energy supply and reduce greenhouse gas emissions. This book also examines the EU's strategy priorities towards Central Asia; i.e. democracy, human rights, rule of law, and good governance. The collection provides clear, concise and fresh explanations of relations between the EU and Central Asian states. An important book recommended for professionals and students of political science and international relations.
Author | : Dermot Cahill |
Publisher | : Cambridge University Press |
Total Pages | : 758 |
Release | : 2004-06-17 |
Genre | : Business & Economics |
ISBN | : 9780521605595 |
An international survey covering the domestic anti-trust laws of 25 EU member states.
Author | : Gerda Falkner |
Publisher | : OUP Oxford |
Total Pages | : 288 |
Release | : 2011-05-12 |
Genre | : Political Science |
ISBN | : 0191618853 |
Fritz W. Scharpf's renowned model of the 'joint-decision trap' suggestes that the requirements of (nearly) unanimous decisions in the EU's Council of Ministers, combined with conflicting preferences among member governments, will systematically limit the problem-solving effectiveness of European policies. However, certain conditions have significantly changed in the 25 years since the theory was first posited. In particular, the unanimity rule has been replaced by qualified-majority voting in most issue areas, and successive rounds of enlargement have augmented the diversity of member state interests and preferences. This volume examines the continued relevance of the model. It presents a comparative study on the differential politics in EU policies. Looking at the political dynamics in an array of EU activities, it analyses breakthroughs as well as stalemates and asks why leaps occur in some areas whilst blockages characterise others. The dynamics that allow the EU to escape various forms of decision trap are analysed in-depth, including those suggested by 'rationalist' theorists (supranational-hierarchical steering, treaty-base games, and arena shifting) and those suggested by 'constructivist' approaches (socialisation). The volume concludes that when the EU is confronted with a high degree of problem pressure in a given issue area, these mechanisms will often not be available because most remain outside politicians' immediate grasp.
Author | : Ismail Ermagan |
Publisher | : LIT Verlag Münster |
Total Pages | : 290 |
Release | : 2010 |
Genre | : European Union countries |
ISBN | : 3643105894 |