Conceptualizing Pure Economic Loss In The European Union
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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.
Author | : Mauro Bussani |
Publisher | : |
Total Pages | : 638 |
Release | : 2014-05-14 |
Genre | : LAW |
ISBN | : 9780511062315 |
This 2003 study uses a fact-based comparative method and in-depth research into the laws of thirteen European countries.
Author | : Marta Infantino |
Publisher | : Cambridge University Press |
Total Pages | : 785 |
Release | : 2017-12-28 |
Genre | : Law |
ISBN | : 1108418368 |
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
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.
Author | : Michael Kuhn |
Publisher | : Peter Lang |
Total Pages | : 266 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : 9780820478951 |
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.
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.
Author | : Anthony Arnull |
Publisher | : Oxford University Press |
Total Pages | : 1092 |
Release | : 2015-07-23 |
Genre | : Law |
ISBN | : 0191653055 |
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
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.
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.