OLAF at the Crossroads

OLAF at the Crossroads PDF

Author: Constantin Stefanou

Publisher: Bloomsbury Publishing

Published: 2011-08-31

Total Pages: 220

ISBN-13: 1847316670

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The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.

The Law of the European Union and the European Communities

The Law of the European Union and the European Communities PDF

Author: Pieter Jan Kuijper

Publisher: Kluwer Law International B.V.

Published: 2018-09-28

Total Pages: 1456

ISBN-13: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The Global Tobacco Epidemic and the Law

The Global Tobacco Epidemic and the Law PDF

Author: Andrew D. Mitchell

Publisher: Edward Elgar Publishing

Published: 2014-07-31

Total Pages: 359

ISBN-13: 1783471522

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Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and

EU Criminal Law

EU Criminal Law PDF

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2022-05-05

Total Pages: 805

ISBN-13: 1509904174

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This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

The Principle of Mutual Trust in EU Criminal Law

The Principle of Mutual Trust in EU Criminal Law PDF

Author: Auke Willems

Publisher: Bloomsbury Publishing

Published: 2021-02-11

Total Pages: 352

ISBN-13: 1509924566

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This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

Doctrina et Usu in Business Law

Doctrina et Usu in Business Law PDF

Author: Tomáš Peráček

Publisher: ADJURIS – International Academic Publisher

Published: 2023-01-12

Total Pages: 380

ISBN-13: 6069535162

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This volume contains the scientific papers presented at the Twelfth International Conference „Challenges of Business Law in the Third Millennium” that was held on 25 November 2022 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into three chapters: Business Interactions Specific to Public Law; Private Law and Business Law, an Essential Duo; Modern Developers of Business Law: International Law and European Union Law. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

The EU Treaties and the Charter of Fundamental Rights

The EU Treaties and the Charter of Fundamental Rights PDF

Author: Manuel Kellerbauer

Publisher: Oxford University Press

Published: 2019-05-16

Total Pages: 2463

ISBN-13: 0192513419

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This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Olaf Stapledon

Olaf Stapledon PDF

Author: Robert Crossley

Publisher: Syracuse University Press

Published: 1994-07-01

Total Pages: 504

ISBN-13: 9780815602811

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William Olaf Stapledon is best remembered for the extraordinary works of speculative fiction he published between 1930 and 1950. As a novelist, he was known as the spokesman for the Age of Einstein and has influenced writers as diverse as Virginia Woolf, Arthur C. Clarke, and Doris Lessing. This biography is the first to draw on a vast body of unpublished and private documents—interviews, correspondence, archival material, and papers in private hands—to reveal fully the internal struggles that shaped Stapledon's life and reclaim for public attention a distinctive voice of the modern era. Late in his life in an unpublished "letter to the future" Stapledon unwittingly provided the rationale for his biography: "It is just possible that my very obscurity may fit me to speak more faithfully for my period than any of its great unique personalities. A pacifist in World War I, an advocate of European unity and world government, one of the first teachers in the Workers' Educational Association, and an early protestor against apartheid, Stapledon turned utopian beliefs into practical politics. With roots in the shipping worlds of Devon, Liverpool, and the Suez Canal, he was transformed from a self-described provincial on the margins of English literary and political life into a visionary idealist who attracted the attention of scientists, journalists, and novelists, and, given his left-wing political affiliations, even the F.B.I. Stapledon's novels—Last and First Men, Star Maker, Odd John, and Sirius—have gathered a passionate following, and they have seldom been out of print in the last twenty-five years. But the personal experiences and political commitments that shaped this creative work have, until now, barely been known. Robert Crossley's work reveals how, in public and in private, in his social activism as in his fiction, Olaf Stapledon embodied many of the modern era's anxieties and hopes that allow his works to continue to speak to and for the future.

EU Constitutional Law

EU Constitutional Law PDF

Author: Koen Lenaerts

Publisher: Oxford University Press

Published: 2022-01-16

Total Pages: 1025

ISBN-13: 0198851596

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This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.