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EU Civil Service Law

EU Civil Service Law
Author: Oliver Mader
Publisher: Bloomsbury Publishing
Total Pages: 333
Release: 2024-07-25
Genre: Law
ISBN: 1509977902

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“Since reading [the book], I have been enthusiastic and impressed by it ... It will undoubtedly be of great use to all staff employed by the EU institutions and agencies interested in knowing their rights and obligations in EU Civil Service Law, as well as to interested practitioners for finding their way into this thrilling area of EU law." Jan Inghelram, Director, Legal Adviser on Administrative Matters of the Court of Justice of the European Union (from the Foreword to the book) This practical commentary interprets EU Staff Regulations on the basis of a rich set of judgments handed down by the EU courts over more than 70 years, complemented by insightful case studies on recent landmark decisions. In addition to presenting key aspects of employment law applicable to officials and other agents of the EU institutions, the book considers future legal developments. Several important areas of Union law meet in the practice of civil service matters: fundamental rights; general principles of EU law; social and labour law; family and tax law; and procedural, administrative, institutional and constitutional law. Mader explores this intersection across chapters covering civil service law context, its legal framework and interpretative principles; it covers procedural and substantial EU civil service law and closes with a chapter on collective EU civil service law. The result is an invaluable English-language commentary by one of the field's leading figures, written for all staff employed by EU institutions (and similar bodies) and for all organisations that apply and interpret EU civil service law, as well as for colleagues working across EU law, civil service and public sector law.


Civil Services in the EU of 27

Civil Services in the EU of 27
Author: Christoph Demmke
Publisher: Peter Lang
Total Pages: 304
Release: 2010
Genre: Civil service
ISBN: 9783631604663

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This volume compares and analyses the national civil services and the most important reform trends in the 27 Member States of the European Union. The authors first examine the reform processes concerning civil servants' legal status, organisational changes, recruitment policies, remuneration, decentralisation of human resource responsibilities, job security and ethics. They consider in what ways similarities and differences can be detected amongst the 27 Member States and whether and to what extent the national civil services move away from traditional bureaucratic structures. Finally, the authors discuss the main outcomes of the reform processes and the future of the classical civil service. This publication contrasts with the many popular and speculative statements that too often capture the headlines on the future of the civil service and the different human resource management reforms. Instead, it is a measured conclusion about emerging trends and developments in this important policy area. The authors argue that the reform of the public sector will not, as many have predicted, be characterised by clear changes and progress in the area. Instead, the outcomes of the reform reveal a more complex picture of piecemeal and paradoxical patterns of change.


General Principles of EU Civil Law

General Principles of EU Civil Law
Author: Norbert Reich
Publisher: Intersentia Uitgevers N V
Total Pages: 244
Release: 2013
Genre: Law
ISBN: 9781780681764

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This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.


The Implementation of the EU Services Directive

The Implementation of the EU Services Directive
Author: Ulrich Stelkens
Publisher: Springer Science & Business Media
Total Pages: 657
Release: 2012-02-25
Genre: Law
ISBN: 9067048402

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The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.


State Aid Law of the European Union

State Aid Law of the European Union
Author: Herwig C. H. Hofmann
Publisher: Oxford University Press
Total Pages: 906
Release: 2016-08-18
Genre: Law
ISBN: 0191040894

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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.


Civil Procedure in the European Union

Civil Procedure in the European Union
Author: Paolo Biavati
Publisher: Kluwer Law International B.V.
Total Pages: 386
Release: 2019-09-29
Genre: Law
ISBN: 9403513527

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.


Civil Law

Civil Law
Author: Council of the European Union. General Secretariat
Publisher:
Total Pages: 320
Release: 2005
Genre: Law
ISBN:

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This publication contains selected legal texts and instruments on areas of judicial co-operation in European civil law, including the recognition and enforcement of judgements in civil and commercial matters, insolvency proceedings, contractual obligations, the service of documents, the taking of evidence, legal aid, and the European Judicial Network.


EU Procedural Law

EU Procedural Law
Author: Koen Lenaerts
Publisher:
Total Pages: 1051
Release: 2014-03
Genre: Law
ISBN: 0198707339

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This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.


EU Private Law and the CISG

EU Private Law and the CISG
Author: Zvonimir Slakoper
Publisher: Routledge
Total Pages: 266
Release: 2021-09-30
Genre: Law
ISBN: 1000431401

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EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.


Law of Administrative Organization of the EU

Law of Administrative Organization of the EU
Author: Matthias Ruffert
Publisher: Edward Elgar Publishing
Total Pages: 264
Release: 2020-12-25
Genre: Law
ISBN: 1800373619

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With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.