Conceptualizing Pure Economic Loss in the European Union

Conceptualizing Pure Economic Loss in the European Union
Author: Laura M. Henderson
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

'Pure economic loss' - the name points to the fundamental principle of the concept: loss that is only economic in nature and in no way connected to underlying property or physical damage. However, such a clear name obscures the variety of ways this concept is dealt with by the Member States of the European Union. In fact, it is only a minority of legal systems that define this concept at all. The majority does not recognize this category of damage under any name, let alone as an autonomous concept. Yet, pure economic loss holds an important place in tort law and is approached with trepidation by many policy-minded judges all over the EU. It is important for European lawyers to fully understand what pure economic loss is, how it is viewed in different countries, and to understand the implications of European Union law on recovery of pure economic loss. This paper will first address the ways in which one can study a topic approached in such diverse ways throughout the Union. Second it will explain how one can conceptualize this topic in a way that does justice to the EU Member States' perceptions thereof. Finally, it will touch upon how pure economic loss can be understood within the context of developing European Union law for non-contractual liability of institutions, Member States, and individuals. The conclusion will set out the implications these observations have for the future of pure economic loss recoverability in the EU.

Conceptualising Procedural Fairness in EU Competition Law

Conceptualising Procedural Fairness in EU Competition Law
Author: Haukur Logi Karlsson
Publisher: Bloomsbury Publishing
Total Pages: 285
Release: 2020-09-17
Genre: Law
ISBN: 1509935428

What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Who is the European?

Who is the European?
Author: Michael Kuhn
Publisher: Peter Lang
Total Pages: 266
Release: 2007
Genre: Business & Economics
ISBN: 9780820478951

Textbook

Free Movement and Welfare Access in the European Union

Free Movement and Welfare Access in the European Union
Author: Victoria Hooton
Publisher: Bloomsbury Publishing
Total Pages: 286
Release: 2024-04-04
Genre: Political Science
ISBN: 1509966862

This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.

Frameworks of the European Union's Policy Process

Frameworks of the European Union's Policy Process
Author: Nikolaos Zahariadis
Publisher: Routledge
Total Pages: 163
Release: 2017-07-05
Genre: Political Science
ISBN: 1351566768

The book advances the state of the European Union?s policy theory by taking stock of seven promising frameworks of the policy process, systematically comparing their limitations and strengths, and offering a strategy to develop robust research agendas. Frameworks may constitute competing policy explanations depending on assumptions they make about EU institutional and issue complexity. The frameworks include detailed analyses of multi-level governance, advocacy coalitions, punctuated equilibrium, multiple streams, policy learning, normative power Europe, and constructivism. Besides generating a fertile dialogue that transcends the narrow confines of EU policy, contributions highlight the value of intellectual pluralism and the need for clear and rigorous explanations of the policy process. This book was published as a special issue of the Journal of European Public Policy.

The European Union as a Mediator in Post-Conflict Western Balkans

The European Union as a Mediator in Post-Conflict Western Balkans
Author: Violeta Ferati Bakia
Publisher: Rowman & Littlefield
Total Pages: 233
Release: 2023-08-22
Genre: Political Science
ISBN: 1666914541

This book is among the few publications that analyze the determining conditions, outcome effectiveness and impact of EU mediation utilized as an instrument of conflict resolution that aims to solve protracted conflicts in the post-conflict settings of Kosovo and Bosnia and Herzegovina.

Private Law and Competition Regulation

Private Law and Competition Regulation
Author: Alberto Brown
Publisher: Taylor & Francis
Total Pages: 255
Release: 2024-07-12
Genre: Law
ISBN: 1040092608

This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.

Normative Power Europe

Normative Power Europe
Author: R. Whitman
Publisher: Springer
Total Pages: 302
Release: 2011-06-21
Genre: Political Science
ISBN: 0230305601

The notion of Normative Power Europe (NPE) is that the EU is an 'ideational' actor characterised by common principles and acting to diffuse norms within international relations. Contributors assess the impact of NPE and offer new perspectives for the future exploration of one of the most widely used ideas in the study of the EU in the last decade.

Constitutional Law and Economics of the European Union

Constitutional Law and Economics of the European Union
Author: Dieter Schmidtchen
Publisher: Edward Elgar Publishing
Total Pages: 326
Release: 1997-01-01
Genre: Law
ISBN: 9781781959688

'. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' - Keith Tribe, The Economic Journal '. . . With its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.' - Nina Grager, Journal of Peace Research The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.

Uniting of Europe

Uniting of Europe
Author: Ernst B. Haas
Publisher:
Total Pages: 642
Release: 2020-11-15
Genre: POLITICAL SCIENCE
ISBN: 9780268201685

The University of Notre Dame Press is pleased to bring Ernst Haas's classic work on European integration, The Uniting of Europe, back into print. First published in 1958 and last printed in 1968, this seminal volume is the starting point for anyone interested in the pre-history of the European Union. Haas uses the European Coal and Steel Community (ECSC) as a case study of the community formation processes that occur across traditional national and state boundaries. Haas points to the ECSC as an example of an organization with the "power to redirect the loyalties and expectations of political actors." In this pathbreaking book Haas contends that, based on his observations of the actual integration process, the idea of a "united Europe" took root in the years immediately following World War II. His careful and rigorous analysis tracks the development of the ECSC, including, in his 1968 preface, a discussion of the eventual loss of the individual identity of the ECSC through its absorption into the new European Community. Featuring a new introduction by Haas analyzing the impact of his book over time, as well as an updated bibliography, The Uniting of Europe is a must-have for political scientists and historians of modern and contemporary Europe. This book is the inaugural volume of Notre Dame's new Contemporary European Politics and Society Series.