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Cover Legal Certainty in the Preliminary Reference Procedure
Legal Certainty in the Preliminary Reference Procedure
The Role of Extra-Legal Steadying Factors
John Cotter

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors.    

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Monograph Book
Published:
06 May 2022
DOI:
https://doi.org/10.4337/9781788979559
Collection:
Law 2022
Cover Research Handbook on EU Data Protection Law
Research Handbook on EU Data Protection Law
Edited by Eleni Kosta, Ronald Leenes, and Irene Kamara
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
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Handbook
Published:
22 Apr 2022
DOI:
https://doi.org/10.4337/9781800371682
Collection:
Law 2022
Cover Research Handbook on General Principles in EU Law
Research Handbook on General Principles in EU Law
Constructing Legal Orders in Europe
Edited by Katja S. Ziegler, Päivi J. Neuvonen, and Violeta Moreno-Lax
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
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Handbook
Published:
19 Apr 2022
DOI:
https://doi.org/10.4337/9781784712389
Collection:
Law 2022
Cover The Politics of European Legal Research
The Politics of European Legal Research
Behind the Method
Edited by Marija Bartl and Jessica C. Lawrence
Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
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Monograph Book
Published:
12 Apr 2022
DOI:
https://doi.org/10.4337/9781802201192
Collection:
Law 2022
Cover Human Dignity and Democracy in Europe
Human Dignity and Democracy in Europe
Synergies, Tensions and Crises
Edited by Daniel Bedford, Catherine Dupré, Gábor Halmai, and Panos Kapotas
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
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Monograph Book
Published:
17 Mar 2022
DOI:
https://doi.org/10.4337/9781789902846
Collection:
Law 2022
Cover Research Handbook on European Union Citizenship Law and Policy
Research Handbook on European Union Citizenship Law and Policy
Navigating Challenges and Crises
Edited by Dora Kostakopoulou and Daniel Thym
This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.
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Handbook
Published:
17 Mar 2022
DOI:
https://doi.org/10.4337/9781788972901
Collection:
Law 2022
Cover Brussels I Bis
Brussels I Bis
A Commentary on Regulation (EU) No 1215/2012
Edited by Marta Requejo Isidro

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.

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Commentaries
Published:
08 Mar 2022
DOI:
https://doi.org/10.4337/9781789908176
Collection:
Law 2022
Cover Law, Solidarity and the Limits of Social Europe
Law, Solidarity and the Limits of Social Europe
Constitutional Tensions for EU Integration
Edited by Ann-Christine Hartzén, Andrea Iossa, and Eleni Karageorgiou
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
Open access
Monograph Book
Published:
11 Feb 2022
DOI:
https://doi.org/10.4337/9781800885516
Collection:
Law 2022
Cover The Practice of Judicial Interaction in the Field of Fundamental Rights
The Practice of Judicial Interaction in the Field of Fundamental Rights
The Added Value of the Charter of Fundamental Rights of the EU
Edited by Federica Casarosa and Madalina Moraru
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
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Monograph Book
Published:
04 Feb 2022
DOI:
https://doi.org/10.4337/9781800371224
Collection:
Law 2022
Cover Protection of Foreign Investments in an Intra-EU Context
Protection of Foreign Investments in an Intra-EU Context
Not One BIT?
Dominik Moskvan
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
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Monograph Book
Published:
04 Feb 2022
DOI:
https://doi.org/10.4337/9781800880382
Collection:
Law 2022