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Anna Masutti and Filippo Tomasello
Where law is lawful, decision-makers must comply with the law. If administrative justice is to be achieved in the global space, administrative decision-makers must be committed to ‘legality’, meaning that their decisions are consistent with the existing body of law. A comparative analysis of prevailing functional understandings of administrative justice reveals that it contains a requirement that administrative decisions be made ‘according to law’. Global administrative justice requires cohesiveness, and cohesiveness implies stability, or an anchor to which standards can be tethered. If a requirement for decisions to be made according to law is incorporated into a model of global administrative justice, that anchor becomes the legal framework under which administrative decisions are made. The existing law in the global space, which is defined as international law, domestic law and institutional law, intersects with the United Nations to create legal obligations for its administrative decision-making.
Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but postmodern, not ‘legal enough’, ‘too political’, in short, a discipline at the margins, suffering from the haut goût and striving to change society through law for the ‘better’. Just like Atreyu, Frodo Baggins, Luke Skywalker, the Ghostbusters, Naruto Uzumaki, Dreamworks’ dragon trainer, and many others, consumer law is the underdog carrying the burden of saving the day. Times are changing. We are perhaps reaching the point at which the world comes to understand the real value of consumer law in a society that is dominated by and dependent on private consumption. Publishing houses and ever more numerous researchers from public and private law perspectives, working on national, European and international law are getting into what is no longer a new legal field. Now the time is ripe for a whole Handbook on Consumer Law Research which brings methodology to the fore. This first chapter pursues three aims: first, to embed consumer law research into the overall development of legal research since the rise of consumer law in the 1960s; secondly, to explain our choice to focus on the behavioural turn in consumer law research and present the range of contributions in this volume that engage with the upcoming strand of research; and thirdly, to explore how the recent attention to behavioural insights can be combined with a pre-existing body of doctrinal research and social legal research in consumer law, and outline avenues for further research.
Capabilities, both for civilian and military crisis management, have been a core concern of the EU since the birth of CSDP. Although the Member States operate under the principle of a ‘single set of forces’ many of the EU’s members often think first and foremost in terms of their own requirements for national security and defence. This introduces not only issues of subsidiarity, but also the likelihood of duplication of capabilities as well as significant gaps, such as strategic enablers. In spite of evident knowledge of the principal shortcomings, numerous attempts to address them have often proven frustrating. A number of initiatives since the second half of 2016 open the possibility of more joint development and procurement of often expensive platforms and equipment, aided by the prospect of European Commission funding. Against the potential of these initiatives the prospect of Brexit threatens to impose significant capability shortcomings on the EU at the very moment when the Union has moved security and defence to the fore of its attempt to reinvigorate the European project.
International policing is on the move, but as the author of this chapter explains, it can never be analysed without taking the context of national policing into account. Despite national sovereignty still being solidly embedded, policing has adopted a strong cross-border turn, certainly given transnational challenges such as organized crime, terrorism and public order, but also given the strong steps towards institutionalization in the form of Interpol and Europol. Meanwhile, particularly in the European Union but also in other regions around the world, a wide variety of laws, rules and regulations have been adopted that set the standards for international police co-operation. In the meantime, new forms of more operationally oriented cross-border practices of police co-operation build on former constructions, such as the BeNeLux Treaty and the Cross-Channel Co-operation. This chapter provides a detailed insight into the evolution of international policing across the globe, and identifies a range of challenges such as the ‘implementation gap’, the wavering trust between jurisdictions, the controversy about privacy and human rights issues, and of course, the legitimacy of international policing as well as strategic orientation towards the future.
Christina Voigt and Zen Makuch
Across the globe, environmental protection is in need of strong governance arrangements: arrangements that comprise effective environmental laws and regulations, a functioning administration and an independent judiciary. Courts, often perceived as the third pillar of power alongside the legislative and executive functions of the State, have an important role to play in defending, upholding and (for judicial activists) creating an environmental rule of law. At the same time, many courts and their judges face significant challenges in doing so effectively. This volume looks at the possibilities and limitations that courts and judges encounter in protecting the environment. Norms that seek to protect the environment, and the common values it represents, are widely dispersed. We find them in thousands of domestic laws and regulations; we find them in international and regional treaties and unwritten customary laws. Sometimes we do not find them at all.
Dylan Geraets and Leonie Reins
‘Article 1 of the Energy Charter Treaty, entitled ‘Definitions’, contains a list of definitions of terms that are used throughout the ECT. It is the first article of Part I, entitled ‘Definitions and Purpose’. The ECT was adopted in the Final Act of the European Energy Charter Conference and is contained in Annex 1 to the Final Act of the European Energy Charter Conference. Important definitions are for example ‘Contracting Party’, ‘Regional Economic Integration Organization’, ‘Investment’ and ‘Investor’.
Jana Verstraete, Pascal De Decker and Diederik Vermeir
The EU Survey of Income and Living Conditions (SILC) 2012 shows 0.27 per cent of the Belgian population had moved in the preceding five-year period because of an eviction. Regrettably, with this record, Belgium ranks in third place for the highest rate of evictions among the 28 countries of the European Union. Despite this ranking, the extent and nature of evictions remain a blind spot in Belgium. Twenty years ago, a ‘General Report on Poverty’ criticized the lack of official data on the number of evictions. In 2005, the same critique was raised by the research agency charged with alleviating poverty, social insecurity, and social exclusion. After yet another decade, not much has changed. Data on the matter is both limited and fragmented. Hence, a clear picture of the number of evictions, the profile of those evicted, and the housing paths following an eviction is indeterminate. In this contribution, an attempt is made to consolidate existing data and to shed light on this phenomenon. As a background to the research, the chapter starts with a brief discussion of the Belgian housing market and Belgian housing policies. Thereafter an overview of the different eviction procedures that apply for different situations is provided including: judicial procedures to evict owner-occupiers, social and private renters, and squatters; temporary dispossessions in the case of family disputes and administrative eviction procedures related to housing quality. The chapter then elaborates on the judicial eviction of both owner-occupiers and renters. A discussion on the extent of the problem for these tenure types as well as the profile of those involved, their rehousing trajectories and risk factors for evictions is then provided. An outline of a limited number of ‘good practices’ in preventing evictions or in mitigating its harmful consequences is presented. The chapter concludes with some final observations on the issue.