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In this article Claire-Françoise Durand analyses the Barroso Commission initiative Better regulation, emphasising in particular two points which make it particularly innovative. Firstly, to the traditional aim of formulating clear, simple, accessible and readable laws has been added an economic dimension: the impact of legislation in terms of cost and the effect on competition. Secondly, the new strategy...
Whereas major innovations, mainly introduced by the Treaty of Nice, made a useful contribution to greater flexibility and efficiency in the work of the Court of Justice – in anticipation of the enlarged Union of 2004/2007 – efficiency continues to be confronted by serious challenges. Vassilios Skouris emphasises certain deficits in the area of liberty, security and justice as far as judicial protection...
This paper is the written version of the presentation given by the author at the conference European Insurance Contract Law and the Common Frame of Reference (CFR), organised by ERA and the Joint Network on European Private Law in Trier on 21-22 January 2008. The author is Lead Ombudsman for Insurance, Financial Ombudsman Service, London.
In this article Christian Pennera presents an overview of the state of play of the Reform Treaty (Treaty of Lisbon) as of 18 December 2007. As a member of the group of legal experts set up under the Portuguese presidency, he examines from the inside the discussion process and the adoption of the new treaty from a historical and analytical perspective. He places particular emphasis on the methods used...
Koen Lenaerts analyses the Court of Justice’s very significant contribution to the creation of Social Europe. He begins by demonstrating that the Court has established a genuine body of Community labour law by placing the principle of equal treatment at the workplace at the centre of its case law as well as reinforcing the protection of rights that Community law confers on employees. He goes on to...
This article is based on the presentation given by the author at the conference The Draft Common Frame of Reference, organised by ERA in cooperation with the Ministry of Justice of the Republic of Slovenia in the framework of the Slovenian Presidency of the Council of the EU, held in Ljubljana on 28–29 April 2008.
Cet article a été présenté lors d’un séminaire de l’ERA portant sur «Le Projet de Cadre Commun de Référence», organisé en coopération avec le Joint Network on European Private Law les 6 et 7 mars 2008 à Trèves.
In his contribution on the future of legal Europe, Hans-Jürgen Hellwig first addresses the problem of how Community law is implemented at the national level. He criticises the way in which Community directives are expanded at the transposition phase (“gold-plating”) and wonders if raising the level of harmonisation in each directive might be the better option. The author then deals with the intentional...
Visiting Professor, School of Law, Edinburgh University, member of the co-ordinating committee of the Study Group on a European Civil Code and joint chair of the Compilation and Redaction Team for the DCFR. This is a slightly revised version of a talk given at a conference on The Draft Common Frame of Reference, organised by ERA in cooperation with the Ministry of Justice of the Republic of Slovenia...
This article is based on the presentation given by the author at the conference The Draft Common Frame of Reference, organised by ERA in cooperation with the Ministry of Justice of the Republic of Slovenia in the framework of the Slovenian Presidency of the Council of the EU, held in Ljubljana on 28–29 April 2008.
Cet article a été présenté lors d’un séminaire de l’ERA portant sur «Le Projet de Cadre Commun de Référence», organisé en coopération avec le Joint Network on European Private Law les 6 et 7 mars 2008 à Trèves. L’auteur est Professeur de droit privé et comparé à la K. U.Leuven et l’Universiteit Antwerpen.
This article is based on the presentation given by the author at the conference The Draft Common Frame of Reference, organised by ERA in cooperation with the Joint Network of Europpean Private Law on 6–7 March 2008 in Trier. Hugh Beale is Professor of Law, University of Warwick. He was a member of the Commission on European Contract law 1987–2000 and is a member of the Study Group on a European Civil...
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