The Images of the Consumer in EU Law

The Images of the Consumer in EU Law
Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
Total Pages: 487
Release: 2016-01-28
Genre: Law
ISBN: 1509900373

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

The Routledge Handbook of European Integrations

The Routledge Handbook of European Integrations
Author: Thomas Hoerber
Publisher: Routledge
Total Pages: 492
Release: 2022-02-27
Genre: Political Science
ISBN: 0429557175

The Routledge Handbook of European Integrations fills a significant gap in the European studies literature by providing crucial and groundbreaking coverage of several key areas that are usually neglected or excluded in European integration collections. Whilst still examining the largest and most influential institutions, bodies and highly-funded policy areas as acknowledged dominant topics in European studies, it crucially does so with much greater balance by devoting equal billing to areas such as culture in European integration or new technologies and their impact on the EU. Organised around three main sections – culture, technology and ‘tangibles’ – the book: offers an authoritative ‘encyclopaedia’ to ‘alternative’ areas in European integration, from media, football, Erasmus and tourism, to transport, space, AI and energy; retains coverage of the dominant topics in European studies, such as the Eurozone, the Common Internal Market, or European law, but in balance with other areas of interest; and provides an essential companion to existing scholarship in European studies. The Routledge Handbook of European Integrations is essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research in the study of European integration/studies. The Open Access version of Chapter 14 in this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Consumer Vulnerability and Welfare in Mortgage Contracts

Consumer Vulnerability and Welfare in Mortgage Contracts
Author: Irina Domurath
Publisher: Bloomsbury Publishing
Total Pages: 223
Release: 2017-11-30
Genre: Law
ISBN: 1509913408

This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

Shareholder Primacy and Global Business

Shareholder Primacy and Global Business
Author: Lela Mélon
Publisher: Routledge
Total Pages: 213
Release: 2019-03-13
Genre: Law
ISBN: 042959013X

In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.

Solidarity: A Normative Principle

Solidarity: A Normative Principle
Author: Guido Alpa
Publisher: Kluwer Law International B.V.
Total Pages: 312
Release: 2023-05-17
Genre: Law
ISBN: 9403541466

The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.

Law and Corporate Behaviour

Law and Corporate Behaviour
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
Total Pages: 831
Release: 2015-10-22
Genre: Law
ISBN: 1782255826

This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.

Relocating the Rule of Law

Relocating the Rule of Law
Author: Gianluigi Palombella
Publisher: Bloomsbury Publishing
Total Pages: 244
Release: 2008-12-18
Genre: Law
ISBN: 1847314724

In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

Constitutional Justice

Constitutional Justice
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
Total Pages: 348
Release: 2003
Genre: Law
ISBN: 9780199267880

Scope of Judicial Review

Arbitrary and Capricious

Arbitrary and Capricious
Author: Gary Elvin Marchant
Publisher: American Enterprise Institute
Total Pages: 112
Release: 2004
Genre: Business & Economics
ISBN: 9780844741895

This study examines how the European Union has used the precautionary principle in legal decisions.

European Consumer Law

European Consumer Law
Author: Norbert Reich
Publisher:
Total Pages: 0
Release: 2014
Genre: Consumer protection
ISBN: 9781780684598

In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.