The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.
Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems. Tailored for academics, researchers, and policymakers, Governance of Automated Decision-Making and EU Law provides a vital resource for understanding the complexities and opportunities associated with the digitalization of shared administration in the EU. It contributes significantly to the ongoing discourse on safeguarding constitutional values and principles of good governance in the digital era. The findings underscore the interconnectedness of information systems across EU-regulated policy areas and the risks posed by automated decision-making systems. Urging attention to transparency and accountability, the book addresses these concerns through eleven chapters, offering insights into normative requirements, administrative procedures, market regulation, digital health, borders and immigration, political advertising, interoperability framework, AI technology, and their intersection with legal principles. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
