bluuebunny/crossref_metadata_2025 huggingface dataset:
Article 248 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 217(2) EC Without prejudice to Article 18(4) of the Treaty on European Union, the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in accordance with Article 17(6) of that Treaty. The President may reshuffle the allocation of those responsibilities during the Commission’s term of office. The Members of the Commission shall carry out the duties devolved upon them by the President under his authority.
Article 250 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 219 EC The Commission shall act by a majority of its Members.
Article 273 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 239 EC The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.
Section 7 The Court of Auditors
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 285 sets out the mission of the Court of Auditors (CoA), which is to carry out the Union’s audit, and provides for its membership.
Article 33 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 18 TEU The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative.
Article 35 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 20 TEU The diplomatic and consular missions of the Member States and the Union delegations in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that decisions defining Union positions and actions adopted pursuant to this Chapter are complied with and implemented.
Article 316 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 271 EC In accordance with conditions to be laid down pursuant to Article 322, any appropriations, other than those relating to staff expenditure, that are unexpended at the end of the financial year may be carried forward to the next financial year only.
Article 37 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 24 TEU The Union may conclude agreements with one or more States or international organisations in areas covered by this Chapter.
Article 321 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 278 EC The Commission may, provided it notifies the competent authorities of the Member States concerned, transfer into the currency of one of the Member States its holdings in the currency of another Member State, to the extent necessary to enable them to be used for purposes which come within the scope of the Treaties. The Commission shall as far as possible avoid making such transfers if it possesses cash or liquid assets in the currencies which it needs.
Article 338 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 285 EC Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Union.
Article 340 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 288 EC The contractual liability of the Union shall be governed by the law applicable to the contract in question.
Article 343 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 291 EC The Union shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Union. The same shall apply to the European Central Bank and the European Investment Bank.
Article 356 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 312 EC this Treaty is concluded for an unlimited period.
Article 3 CFR
Authors: Lock Tobias
Published: March 2021

The Convention on Human Rights and Biomedicine aims to protect the dignity and identity of all human beings and respect their integrity with regard to the application of biology and medicine.
Article 14 CFR
Authors: Lock Tobias
Published: March 2021

The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
Article 43 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 43 TEU complements Article 42(1) third sentence TEU containing a non-exhaustive list of tasks to be carried out in CSDP missions. This list updates and expands the Petersberg tasks. In executing these tasks the Union is to make use of civilian and military means in accordance with Article 42(1) second sentence TEU and Article 43(1) TEU. MS have to provide these in accordance with Article 42(3) TEU. The Council is to take decisions on CSDP missions while the High Representative has to coordinate their civilian and military dimensions.
Article 20 CFR
Authors: Martin Denis
Published: March 2021

The wording of Article 20 CFR is terse, to say the least. It is perhaps the tersest provision in all of EU law. This terseness can be misleading when one tries to understand the true meaning of the provision. What does ‘equality before the law’ actually mean? According to the Explanations, Article 20 CFR corresponds to a general principle of law that is included in all European constitutions and has also been recognized by the ECJ as a basic principle of Community law.
Article 25 CFR
Authors: Martin Denis
Published: March 2021

The Charter Explanations note that Article 25 CFR draws on Article 23 of the rESC and Articles 24 and 25 of the Community Charter of the Fundamental Social Rights of Workers. Of course, participation in social and cultural life also covers participation in political life.
Article 30 CFR
Authors: Lock Tobias
Published: March 2021

Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices.
Article 45 TEU
Authors: Ramopoulos Thomas
Published: March 2021

As already discussed, Articles 42(3) second subparagraph second sentence and 45 TEU provide for the establishment of a EDA. The EDA has been in existence since 2004. However, after the new TEU provisions entered into force, the Council in accordance with Article 45(2) second sentence TEU repealed the previous act establishing the EDA and adopted a new decision defining the statute, seat, and operational rules of the EDA. As an exception to the unanimity rule applicable to CSDP decisions, Article 45(2) second sentence TEU provides for the EDA Decision to be adopted by qualified majority.
Article 49 TEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 49 TEU The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.
Article 16 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 286 EC Everyone has the right to the protection of personal data concerning them.
Common Commercial Policy and External Trade
Authors: Terhechte Jörg Philipp
Published: March 2021

As a supranational community of states with an internal market, the European Economic Community (EEC) was always designated to administer the external trade relations of its Member States. According to this, the EEC contained special provisions on the Common Commercial Policy (CCP) and other rules governing external trade, which were, after an initial period, continuously enforced. Against this historic background, the administrative dimensions of CCP and other EU rules governing external trade constitute a field in which the European institutions and the Member States have gained ‘administrative experience’ for more than fifty years. For this reason, it is not surprising that this part of EU law also played an important role in the emergence of ‘European administrative law’ in the late 1980s. The rules governing the CCP and other facets of external trade are still of major interest when it comes to the analysis of the administrative structures of the European policy sectors.
The Common European Asylum System
Authors: Guild Elspeth
Published: March 2021

Administrative law relating to the Common European Asylum System (CEAS) developed rapidly following the introduction of a European Union competence for asylum. The Amsterdam Treaty 1999 brought an end to the rather chaotic European field of law and policy on borders, immigration, and asylum. This area had not been included in EU competences at all until the Maastricht Treaty (in force from 1993) which fragmented the legal framework of the then EC by creating three so-called pillars, the first pillar of EU law proper (as had been contained in the then EC Treaty), the second on the Common Foreign and Security Policy (which was entirely intergovernmental), and the third pillar on justice and home affairs which included then (most of) border policy, migration, and asylum.
Environmental Protection
Authors: Latour André M , Rowe Gerard C
Published: March 2021

The effective implementation of European Union environmental policy depends upon the efficient cooperation and coordination of various administrative levels and actors. Key to this are the sharing of environmentally relevant information, mutual support, and common agreement aimed at the ‘high level of protection’ of the environment sought by the Union. The transboundary nature of environmental issues, whether through emissions, transterritorial waste transport, or management of shared water resources, or of climate and nature resources, and administrative action related to such matters, pose particular challenges. Were there insufficient collaborative interaction of all the relevant actors in the field of EU environmental protection, and were this field to be characterized primarily by Member States’ acting on their own, the fate of environmental protection in Europe would be bleak. The generation, management, and sharing of information play here a vital, perhaps even dominant, role. The concept of a highly (inter-)networked, indeed integrated, European administration can thus be illustrated very strikingly through a consideration of this policy sector. Indeed, a great deal of EU environmental administration, while not alone within the general setting of Union administration, appears characterizable only through the epithet ‘integrated’.
Obligations of the Parties to a (Related) Service Contract
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

Sales law is often considered the archetype of contract law. In many cases, however, the obligations of the seller in contracts of sale do not stand isolated, but are accompanied by services provided by the seller to the buyer, such as the installation, the maintenance, or the repair of the object sold.
Transaction Avoidance in Offshore Jurisdictions
Authors: Ayliffe James , Sharif Shivji , Olliff-Cooper Guy
Published: March 2021

For regulatory and tax reasons, many businesses now choose to incorporate at least part of their corporate structure in offshore jurisdictions. Many of these jurisdictions have strong historical links to England, which is reflected in their legislation and in their adherence to the common law. Leading examples include the Crown Dependencies of Jersey and Guernsey and the Overseas British Territories of Bermuda, the British Virgin Islands, and the Cayman Islands.
Evidence Gathering
Authors: Ayliffe James
Published: March 2021

The Insolvency Act 1986 recognizes that an office holder, as a stranger to the affairs of the debtor, may encounter problems in trying to unravel the debtor’s past dealings, something which can be exploited by those who have entered into voidable transactions. In personal insolvency the debtor, his spouse, and his associates may well wish to conceal information about the debtor’s dealings in order to protect the transactions that the office holder is seeking to attack. Similarly, in corporate insolvency, the officers of the company and others who are involved in the company’s affairs may wish to suppress information. This situation is not helped by the fact that some of the avoidance provisions, in particular those dealing with preferences and transactions defrauding creditors, contain elements which may be difficult for the office holder to prove.
History of an Incomplete EMU
Authors: Mourlon-Druol Emmanuel
Published: March 2021

The Economic and Monetary Union (EMU) created in 1992 by the Maastricht Treaty was famously incomplete. The decision to create a European single currency was taken without agreeing at the same time on the introduction of traditional accompanying features of some other monetary unions, namely: substantial financial transfers from richer to less developed regions, a credible framework for macroeconomic policy coordination, and European-wide provisions for banking regulation and supervision, to name but a few. The 1992 Maastricht Treaty set out an unfinished, or ‘lopsided union’, with the predominance of monetary union over economic union. The titles of the multiple reports published since 1992, such as the Van Rompuy report of 2012, ‘Towards a Genuine Economic and Monetary Union’, the Five Presidents’ Report of 2015, ‘Completing Europe’s Economic and Monetary Union’, and the Commission’s ‘Reflection Paper on the Deepening of the Economic and Monetary Union’ of 2017 highlight this lopsidedness very well.
International Agreements of The Eu in The Field of EMU
Authors: Marise Cremona , Päivi Leino-Sandberg
Published: March 2021

This chapter is concerned with international agreements of the European Union (EU) in the field of Economic Monetary Union (EMU) (which for simplicity will be referred to as ‘external EMU agreements’). What treaty-making competence does the EU have in this field, how are such external agreements negotiated and concluded, and what types of agreement does the EU conclude? The focus of this chapter is thus a specific aspect of the external relations of the EU as regards EMU. And whereas the external policy-making within (formal and informal) international financial institutions, which was discussed in the previous chapter, ranges across a multiplicity of EU policy fields and competences, EMU-related treaty-making practice relates more specifically to the use of the euro as a common currency. And whereas economic policy is still primarily a Member State competence subject to EU-level coordination, monetary policy, with which these agreements are concerned, is an exclusive EU competence by virtue of Article 3(1) of the Treaty on the Functioning of the European Union (TFEU).
Objectives of The EMU
Authors: Adamski Dariusz
Published: March 2021

The Economic Monetary Union (EMU)–the most visible, advanced, and sophisticated field of European integration–was designed to contribute to two major rudimentary goals of the integration process, which will be referred to throughout this chapter as ‘Level 1 objectives’. One of them is economic, the other political, but ultimately both comprise two sides of the same coin. The economic goal–to stimulate trade and economic cooperation, and hence to boost economic growth and well-being of Europeans–was clearly expressed in the preparatory documents published in the run-up to the Maastricht accord. This objective dovetails with the more general ambitions of the economic integration enshrined by Article 3(3) of the Treaty on European Union (TEU): of achieving ‘the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress’, combating ‘social exclusion and discrimination’, promoting ‘social justice and protection, solidarity between generations’, and supporting ‘economic, social and territorial cohesion, and solidarity among Member States’.
European Parliament and National Parliaments
Authors: Repasi René
Published: March 2021

The EMU’s legitimacy is precarious. To be precise, it is not the legitimacy of the Economic and Monetary Union (EMU) as such that is precarious since it is set out in the Treaties but of acts adopted within EMU. Monetary policy acts are adopted by the European Central Bank (ECB) equipped with a Primary law independence guarantee shielding it against any sort of binding objections from Parliament(s) and governments. In economic policy coordination, the original compromise between the lack of Parliamentary control of European decision-making and the non-legally binding nature of acts taken within economic policy coordination was denounced during the various reforms made in the aftermath of the recent economic and financial crisis. Originally, the non-compliance with recommendations adopted by the Council addressing shortcomings in a Member State’s economic policy conduct would at most lead to financial sanctions in case of serious budgetary disturbances in a country whose currency is the euro.
ERM II
Authors: Neergaard Ulla
Published: March 2021

From the very beginning, an essential cornerstone of the Economic and Monetary Union (EMU) has been the European Exchange Rate Mechanism II (ERM II). It has been in force since 1 January 1999, ie from the initiation of the third phase of the EMU. Its overall purpose is to link currencies of Member States outside the euro area to the euro. Its importance lies in the fact that aspiring Member States must first join the mechanism for at least two years before being admitted as members of the euro area, as ERM II ‘membership’ is one of the four convergence criteria, which are required to be fulfilled for a Member State’s eventual adoption of the euro.
EU Financial Assistance
Authors: Borger Vestert
Published: March 2021

With the euro crisis behind us, it is hard to picture the currency union without a rescue mechanism. Almost eight years have passed since the European Stability Mechanism (ESM) was created in September 2012. All states that once benefitted from its financial support have successfully exited their programs. A new round of institutional reform is now in the offing, with the ESM possibly getting ‘beefed up’ to a European Monetary Fund. But the currency union’s set-up has not always had assistance instruments like these at its disposal. At the start of 2010, when the crisis threatened the survival of the euro and the Union as a whole, its toolbox was empty. Or almost empty.
Financial Assistance to Non-Euro Area Member States
Authors: Thiele Alexander
Published: March 2021

The historic financial crisis that began on the American housing market in 2007 and from there spread all over the globe had tremendous consequences for more or less every country worldwide, especially for their respective public finances. The overall public debt level skyrocketed due to the substantial economic downfall and the necessity to bail out hundreds of financial institutions that had suffered severe losses when the American subprime market collapsed and the money markets froze. Though the States were (with tremendous help by the European Central Bank) finally successful in preventing a complete breakdown of the major financial markets, their intervention left the national budgets and the balance of payments (BOP) of several of them in a devastating condition with insolvencies only being averted by massive external and mainly financial assistance by other States and institutions (especially the International Monetary Fund (IMF)). Some of these states facing such a financial calamity were Member States of the European Union (EU)—a fact having an important normative implication: Other Member States wanting to help financially were bound by the normative framework of the European Union Treaties. And the same was obviously true for the European Union itself where it wanted to initiate any form of (financial) assistance.
Financial market regulation in the internal market
Authors: Alexander Kern , Madders Vivienne
Published: March 2021

The chapter considers some of the main post-crisis European Union (EU) financial legislation from the perspective of high-level principles (Level 1) that apply to credit institutions and certain investment firms under the Capital Requirements Directive IV (CRD IV), including prudential requirements to hold minimum capital and liquidity requirements and prudential governance standards. The chapter also analyzes the EU legislation that regulates investment funds and the sale of investment products and the distribution of financial products, particularly the Markets in Financial Instruments Directive and Regulation (MiFID II/MiFIR), the Undertakings for Collective Investments in Transferrable Securities (UCITS), the Personal Retail Investment Products Regulation, and the Alternative Investment Funds Managers Directive (AIFMD).
The Legality Of Responses To The Crisis
Authors: Hinarejos Alicia
Published: March 2021

The euro area crisis required a swift and multi-faceted response. The different facets of this response have already been discussed in this volume: first, a quick intervention was necessary in order to stabilize the situation of euro countries. To this end, several loan facilities were created, and the European Central Bank (ECB) also played an important role in calming down the markets. Second, various measures were adopted in order to improve Member States’ budgetary surveillance and economic coordination. Third, to improve financial regulation and oversight, the European Union (EU) has undertaken important reforms aimed at the creation of a stronger financial framework, and a so-called ‘banking union’ for the euro area.
Distribution of the Estate
Authors: Anderson Hamish
Published: March 2021

Consistently with it being a terminal insolvency procedure, distribution of the insolvent estate amongst the company’s creditors (and members in the event of a surplus) is the principal function of a liquidation. Administration is not directly comparable in this respect. Where administration is used for the purposes of rescue or restructuring, there may be no need for the administrator to make distributions but, on the other hand, it may be a ‘liquidating’ or ‘distributing’ administration where the wider powers of an administrator are used to achieve a better result for creditors than that achievable in liquidation. As explained in Chapter 8, the latter form of administration was facilitated by the Enterprise Act remodelling of the administration provisions of the Act and it is now common for an administrator with realizations available for distribution to creditors to use his own powers in that respect instead of putting the company into liquidation. The treatment of the claims of pre-proceeding creditors is the same whether distributions to them are made by an administrator exercising his own powers or by a liquidator appointed immediately following an administration.
Competition Law and Telecommunications
Authors: Smith Vincent , Woods Lorna
Published: March 2021

Telecommunications regulation was born from the need to police the removal of state-owned telecommunications monopolies in Europe from the 1980s onwards. Indeed, the telecommunications sector is not a market which has developed naturally. Instead it was a response to governmental choices, originally to create a state monopoly and, in the late twentieth century, to move to market provision, ultimately to be controlled by general competition law. This chapter introduces these competition rules and illustrates how they have been applied in the telecommunications context. Since competition law applies across all sectors, the law and practice developed in competition cases from other areas also plays an important role in deciding how competition law applies to telecommunications operators.
Internet Service Providers
Authors: T. Marsden Christopher
Published: March 2021

This chapter examines the regulation of third party content transmitted by Internet Service Providers (ISPs), though that general term of art needs definition for the purposes of the chapter. The chapter considers in turn three aspects of the transmission of content over ISPs, though not the provision of content owned by or affiliated with those ISPs. The aspects considered are in turn:
Deficient Professional Performance
Authors: Hamer Kenneth
Published: March 2021

Lord Walker of Gestingthorpe, in delivering the judgment of the Board, said, at [17], that, without casting any doubt on the decision in Krippendorf v. General Medical Council [2001] 1 WLR 1054, their Lordships felt that the distinction between competence and performance drawn in that case should not be taken too.
Erasure
Authors: Hamer Kenneth
Published: March 2021

Other Relevant Chapters 26.01
No Case to Answer
Authors: Hamer Kenneth
Published: March 2021

Examples in which express provision for a submission of ‘no case to answer’ is included in the regulator’s rules.
Registration
Authors: Hamer Kenneth
Published: March 2021

A appealed against the refusal of the Royal College of Veterinary Surgeons (RCVS) to have his name entered on the supplementary veterinary register. The supplementary register was established to enable the registration of a person who has genuinely practised as an unqualified veterinary surgeon for seven years during the past ten years. The Council, having considered the appellant’s application, refused it, but it gave him an opportunity of going before it so that the Council could question him and satisfy itself that his principal means of livelihood was acting as a veterinary surgeon. He did not so satisfy the Council. Dismissing the appeal, Lord Goddard CJ said that an appeal under section 6(5) of the Veterinary Surgeons Act 1948 required the Court to hear the case and to treat it as a rehearing in the same way as an appeal from a judge of the High Court sitting at first instance is treated by the Court of Appeal.
Waiver
Authors: Hamer Kenneth
Published: March 2021

Waiver is generally applicable in disciplinary and fitness to practise proceedings, as in other proceedings. In Gopakumar v. GMC, an informed and understandable decision was taken at the hearing before the panel not to attack the credibility of a witness. The doctor was represented by experienced counsel and solicitors. The Court held that it was too late for the practitioner to attack the character of the witness on appeal. In McCarthy v. BSB, the chair of the disciplinary tribunal made a frank disclosure of her connection with the chair of the previous panel. No objection was taken at the time by the respondent barrister, who would have understood the significance of the disclosure. In these circumstances, the barrister could not raise objection on appeal. In Hill v. ICAEW, in which a member of the panel was absent for part of the hearing, Longmore LJ said that the agreement to return and contribute to the decision having read a transcript of the evidence given in his absence was an irregularity that could be waived.
Minority Shareholders
Authors: Joffe QC Victor , Drake David , Richardson Giles , Lightman QC Daniel , Collingwood Timothy
Published: March 2021

This well-established and authoritative work is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, practitioners increasingly need a source of up-to-date and detailed information on the rights and remedies available to the minority. This is the only book to focus on this increasingly topical and important subject. This sixth edition features a new chapter on share purchase orders and valuation. There is expanded coverage of the relevant non-UK authorities, including cases from Hong Kong, Singapore, the British Virgin Islands, and Cayman. There is also more detailed analysis of shareholder agreements and related developments in contract law relevant to minority shareholders (e.g., arguments around implied terms and good faith). The new edition also covers significant developments in case law, such as Eclairs Group Ltd v JKX Oil & Gas plc.
Contractual Adjudication
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

Part II of the Housing Grants (Construction and Regeneration) Act 1996 (‘the 1996 Act’), as amended, requires all construction contracts to have an adjudication procedure that complies with s108: see s108(5). The same section makes plain that if the construction contract in question does not contain adjudication provisions that comply with s108(1)–(4), then the Scheme for Construction Contracts will apply. It is therefore envisaged that the construction contract will include its own adjudication provisions.
The Procedure before the Court of Justice
Authors: Naômé Caroline
Published: March 2021

This chapter describes the procedure before the Court of Justice in appeals, i.e. the written part (appeal application, time-limits, representation, forms of order sought, response, reply, rejoinder, cross-appeal, interventions); the oral part (hearing, Opinion of the Advocate General); the deliberation and the judgment, the disposal of the case by reasoned order; legal aid, costs and other provisions relating to the procedure. The chapter also explains the handling of the case by the departments of the Court. The last section of the chapter deals with the workload of the ECJ and the discussions about introducing a filtering system for appeals, such as a ‘leave to appeal’ mechanism.
Article 4(3). Restriction of processing
Authors: Tosoni Luca
Published: March 2021

Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. The fact that the processing of personal data is restricted should be clearly indicated in the system.
Article 4(16). Main establishment
Authors: Tosoni Luca
Published: March 2021

Article 4(7) (Definition of ‘controller’); Article 4(8) (Definition of ‘processor’); Article 4(19) (Definition of ‘group of undertakings’); Article 56 (Competence of the lead supervisory authority) (see too recitals 124–128); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned) (see too recitals 130–131); Article 65 (Dispute resolution by the Board).
Article 4(21). Supervisory authority
Authors: Bygrave Lee A
Published: March 2021

Article 4(22) (Definition of ‘supervisory authority concerned’); Article 51 (Supervisory authority); Article 52 (Independence) (see too recitals 118 and 120–121); Article 53 (General conditions for the members of the supervisory authority) (see too recital 121); Article 54 (Rules on the establishment of the supervisory authority); Articles 55–59 (Competence, tasks and powers) (see too recitals 122–124, 129 and 132); Articles 60–62 (Cooperation) (see too recitals 125–128, 130–131 and 133–134); Articles 63–67 (Consistency) (see too recitals 119 and 135–138); Article 68 (European Data Protection Board) (see too recital 139).
Article 4(26). International organisation
Authors: Bygrave Lee A , Tosoni Luca
Published: March 2021

Convention 108 as originally adopted does not expressly regulate flow of personal data to international organisations. Modernised Convention 108, however, regulates the flow of personal data from States Parties to the Convention to recipients that are ‘subject to the jurisdiction of a State or international organisation which is not Party to this Convention’.
Article 21 Right to object
Authors: Zanfir-Fortuna Gabriela
Published: March 2021

Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recital 59); Article 17 (Right to erasure) (see too recital 65); Article 18 (Right to restriction of processing) (see to recital 67); Article 23 (Restrictions) (see too recital 73).
Article 26 Joint controllers
Authors: Millard Christopher , Kamarinou Dimitra
Published: March 2021

Article 4(7) (Definitions) (see too recital 79); Article 5 (Principles relating to the processing of personal data) (see too recital 39); Article 24 (Responsibility of the controller) (see too recital 74); Article 28 (Processors) (see too recital 81); Article 82 (Right to compensation and liability) (see too recital 146).
Article 44 General principle for transfers
Authors: Kuner Christopher
Published: March 2021

Recital 6; recital 48; recital 102; Article 45 (Adequacy decision) (see too recitals 103–107); Article 46 (Transfers subject to appropriate safeguards) (see too recitals 108–109); Articles 4(20) and 47 (BCRs) (see too recital 110); Article 48 (Transfers not authorised by EU law) (see too recital 115); Article 49 (Derogations) (see too recitals 111–114); Article 50 (see too recital 116); Article 83(5)(c) (Fines for non-compliance with data transfer restrictions); Article 96 (Relationship with previously concluded agreements of the EU Member States).
Article 55 Competence
Authors: Hijmans Hielke
Published: March 2021

Article 3(1) (Territorial scope) (see too recital 22); Article 4(21) (Definition of supervisory authority); Articles 51–54 (Independent Status) (see too recitals 117–121); Article 56 (Competence of the lead authority) (see too recitals 124–131), Article 57 (Tasks) (see too recitals 122–123 and 132–133) Article 58 (Powers) (see too recital 129); Article 59 (Activity reports).
Article 74 Tasks of the Chair
Authors: Docksey Christopher
Published: March 2021

Article 63 (Consistency mechanism) (see too recital 135); Article 64 (Opinion of the Board) (see too recital 136); Article 65 (Dispute resolution by the Board) (see too recital 136); Article 68 (European Data Protection Board) (see too recital 139); Article 72 (Procedure); Article 73 (Chair) (see too recital 136); Article 75 (Secretariat) (see too recital 140).
Article 86 Processing and public access to official documents
Authors: Herke Kranenborg
Published: March 2021

Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.
What role for crime victims in the forum choice?
Authors: Michele Simonato
Published: March 2021

The consequences of globalisation are perceived by victims of crime, too. It is not difficult to imagine a situation in which a person is harmed by criminal conduct that, in principle, could be legitimately investigated and adjudicated in several jurisdictions.
Praface to Part I
Authors: Meyer Frank
Published: March 2021

Setting the Scene

At the heart of the problems that this book addresses lies the question of overlapping jurisdictions. Overlapping criminal jurisdictions are an important, but still neglected aspect of law enforcement reality. There is no monocausal explanation for this social phenomenon. It is not...
Agencies
Authors: Craig Paul
Published: March 2021

It has become increasingly common for agencies to be deployed in nation states to fulfil certain governmental functions. The same phenomenon has occurred in the EU, especially since the 1990s. This chapter explores the role played by agencies in the EU. The discussion begins with consideration of the rationale for agencies in nation states and the EU respectively, followed by examination as to how EU agencies have evolved. The focus then turns to classification of EU agencies in the light of their powers and functions, and explication of the legal limits that constrain the powers that can be given to EU agencies. The remainder of the chapter analyses the legal, political, and financial mechanisms for controlling agencies and rendering them accountable. The chapter concludes with discussion as to whether the powers of agencies ought to be extended.
Social Partners
Authors: Craig Paul
Published: March 2021

We saw in the previous chapter that the social partners were afforded a role in the Open Method of Coordination (OMC). This chapter considers the ways in which the social partners are involved in the making of EU policy. The discussion begins with the emergence of the social dialogue. This is followed by analysis of the Treaty articles, with more specific elaboration of the ways in which the social partners can participate in the making of social policy. The focus then turns to the role of the social partners in the making of agreements that can be transformed into formal law, the problems associated with this process, and the justifications offered for this privileged position. The ensuing discussion shifts to consideration of what are now known as autonomous agreements concluded by the social partners, which do not have the formal status of law, but which are important nonetheless. The chapter concludes by looking at less formal texts produced by the social partners through sectoral social committees, and the efforts that have been made to render these more effective than hitherto.
Competence and Subsidiarity
Authors: Craig Paul
Published: March 2021

The previous chapters were concerned with access, process, and transparency. We now turn to substantive review and it is natural to begin with competence and subsidiarity, more especially so because lack of competence is one of the specific grounds of judicial review in Article 263(2) TFEU.
Remedies II: Member States
Authors: Craig Paul
Published: March 2021

The previous chapter considered remedies against the EU. The discussion now turns to remedies against Member States. This is in certain respects a more complex topic because relief against Member States that violate EU law will normally be sought in national courts. The action will prima facie have to conform to national procedural and remedial rules concerning matters such as time limits, quantum of recovery, and the like. This raises the issue of the extent to which EU law imposes constraints on such national rules. This complex jurisprudence will be analysed in the first half of the chapter.
Eswatini (formerly Swaziland)
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Eswatini, formally known as the Kingdom of Eswatini, is a landlocked country in Southern Africa and one of the smallest countries in Africa with a total area of 17,364 square kilometres (km) and a population of 1,367 (2017). It is bordered by Mozambique and South Africa. The capital and main business centre of Eswatini is Mbabane. The working week is from Monday to Friday from 0800 to 1300 and 1400 to 1700. The Swaziland Lilangeni (SZL/ E) is the official currency of Eswatini. The Lilangeni was introduced in 1974 to compete with the South African rand through the Common Monetary Area, to which it remains tied at a one-to-one exchange rate.
Gabon
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Gabon is located in central Africa. It is bordered by Equatorial Guinea, Cameroon, and the Republic of Congo. A sparsely populated country covered at 85 per cent of its territory with forests, Gabon has a population of 1.7 million over a territory of 26,000 square kilometres (km). The population is highly urbanized, with more than four in five Gabonese living in the cities. The capital Libreville and Port-Gentil, the economic capital of the country hosts 59 per cent of the population. The official language of Gabon is French, and the currency used is the CFA.
Ghana
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Republic of Ghana is a country located on the west coast of Africa on the Gulf of Guinea, bordering the North Atlantic Ocean, Burkina Faso, Ivory Coast, and Togo. Ghana has a total area of 238,535 square kilometres (km), a coastline of 539 km in length, and a population of 29.6 million. Ghana is home to Lake Volta, the largest artificial reservoir in the world in terms of surface area, situated approximately 200 km from Ghana’s border with Burkina Faso.
Libya
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Libya extends along the northeast coast of Africa bordered by Tunisia, Algeria, Egypt, Sudan, Chad, and Niger. In 1949, Libya become independent and in 1951 it became known as the United Kingdom of Libya. The country’s total area is 1.76 million square kilometres (km) with a population of 6,375 million in 2017. The country’s capital and largest city is Tripoli. The official working days in Libya are Sunday to Thursday, while Friday and Saturday are rest days. Normal working hours are between 0800 to 1500. The currency used in Libya is referred to as the dinar (LYD). The Libyan pound was the currency of Libya between 1951 and 1971. In some cases the legislation has not been amended or updated and as such penalties and fines are still shown in the Libyan pound.
Advances in Technology
Authors: Susskind Richard
Published: March 2021

Many lawyers and judges are uneasy when speaking about technology. They bemoan the jargon of technologists, oblivious to the irony that legal experts are greatly superior purveyors of jargon. One of the difficulties here is that technology can be discussed at different levels. When some people talk about technology, for example, they are discussing particular systems that they use, packages and apps, such as PowerPoint and Twitter. This is not a book about packages and apps. Others speak about more general, enabling technologies, such as artificial intelligence (AI), robotics, natural language processing, and blockchain. I say quite a lot about various enabling technologies in the pages that follow because a failure to grasp their impact is to fail to grasp how court service is likely to change.
Digital Exclusion
Authors: Susskind Richard
Published: March 2021

A common objection to online courts is that their use will demand access to the internet and a level of computer literacy that many citizens do not have. The concern here is that if the only route to the court system and so to justice is via technology, then this will effectively exclude all those who do not use technology or cannot do so proficiently. Online courts, it is feared, will be a new obstacle to justice. On the face of it, this is a robust and important challenge. I argue in this chapter, however, that it is often overstated. If we unpack and analyse the various apprehensions here, it transpires that there is more noise than signal in this objection. However, there is clearly a case to answer and in offering my response to the question of digital exclusion, this leads me to raise some broader questions of exclusion which have largely been overlooked in the past.
Artificial Intelligence
Authors: Susskind Richard
Published: March 2021

In contemplating the second generation of online courts, it would be hard to ignore the recent upsurge of interest in artificial intelligence (AI) for lawyers and judges. Scarcely a week passes without news of ‘an AI’ or a ‘robot lawyer’ that is outperforming or poised to replace traditional human lawyers in some legal task or other. Most leading law firms in the UK, for instance, have signed licence arrangements with AI providers and are effusing optimistically about their investments. I am especially interested in these claims because I have a life-long interest in the field—from 1983 to 1986, I wrote my doctorate on AI and law at Oxford University and have been intrigued by all relevant developments since.
Course of a Summary Trial
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

Subject to certain limited exceptions (see 13.43 to 13.45), all summary offences are tried in a magistrates’ court. Offences which are indictable but triable either way (see 1.07 to 1.09) are tried in a magistrates’ court if, essentially, both the magistrates and the accused agree. Because the most commonly committed offences (e.g., those under the Road Traffic Act 1988) are summary, and because many accused charged with a triable-either-way matter elect, if given the option, to stay in the lower court, over 95 per cent of criminal cases are disposed of by the magistrates. The course of a summary trial is the same whether the offence charged is summary or triable either way. In the latter case, however, the procedure set out in the Magistrates’ Courts Act 1980 (MCA), ss 19 to 22 for determining the mode of trial must be complied with before the start of the hearing (see Chapter 8).
Delegated and Implementing Acts
Authors: Craig Paul
Published: March 2021

The Lisbon Treaty created the dichotomy between delegated and implementing acts in Articles 290 and 291 TFEU, having taken over the core assumptions in this regard from the Constitutional Treaty. The chapter begins by considering the core assumptions underlying the Lisbon model and the rationale for the division between the two species of secondary acts. The subsequent analysis then addresses the tensions and strains in the application of this divide in the years since the Lisbon Treaty was ratified.
The Market for Corporate Control: Value, Stakeholders, and Governance
Authors: Kershaw David
Published: March 2021

This Chapter introduces the market for corporate control and provides theoretical and empirical context about the functioning and effects of the market for corporate control. Ideally such context should inform the analysis and evaluation of the Takeover Code’s regulation of the UK market for corporate control. However, as the Chapter shows, neither our understanding of the likely effects of the market for corporate control on companies, boards, shareholders and stakeholders, nor the state of empirical evidence provide clear cut guidance on how to regulate the market for corporate control. The Chapter considers evidence on the value effects of takeovers and shows that evidence from the short term market response to announced takeovers supports claims that takeovers in aggregate generate value, but the longer term evidence is more mixed and inconclusive. It also considers the methodological limitations of both the short term and long term evidence. The Chapter then proceeds to consider the effect of the market for corporate control on stakeholders. It explores the commonly held view that takeovers are detrimental for employees but finds again that the empirical evidence is inconclusive, although the theoretical case that takeover activity may undermine employee investment in the business remains compelling. The Chapter then explores the role of the market for corporate control as a governance device. It is often assumed that the market for corporate control acts as a disciplinary device holding managers to account, but as the Chapter shows the disciplinary effects work differently and less precisely than regulators and the public debate commonly assume. The Chapter also shows that such indirect effects may also mould management and board behaviour in economically suboptimal ways, which the Chapter considers in the context of the debate about the possible short term orientation of UK boards.