bluuebunny/crossref_metadata_2025 huggingface dataset:
Spain
Authors: Moss QC Gabriel , Wessels Bob , Haentjens Matthias
Published: March 2021

The consequences of the international financial crisis that started in 2007 unveiled a real estate bubble crisis in Spain that left the majority of its financial sector on the verge of insolvency. National financial institutions had been financing the over-development of the real estate market for years, borrowing abroad to lend locally at an unsustainable pace. The moment the international interbank market dried up, Spanish financial entities were unable to refinance their debts and stopped financing the development and retail acquisition of housing. This happened at a time when the international sovereign context was extremely troublesome. Greece, Portugal, and Ireland were undergoing a rescue process, and Spain and Italy started experiencing a sharp rise in the spread of their bonds vis-à-vis the German Bundesbond. Spain’s debt-to-GDP ratio then was still low (considerably lower than that of Germany, France, or the UK), and yet the cost of financing was soaring, threating the very solvency of the nation. The reason for this threat was the over-indebtedness of the private sector, with special intensity in the case of the financial sector. The Spanish government realized that a recapitalization of the troubled financial entities was a precondition of its own survival.
Article 45 TFEU
Authors: Kellerbauer Manuel , Martin Denis
Published: March 2021

Article 39 EC Freedom of movement for workers shall be secured within the Union.
Article 52 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 46 EC The provisions of this Chapter and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health.
Article 59 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 52 EC In order to achieve the liberalisation of a specific service, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall issue directives.
Article 66 TFEU
Authors: Steiblytė Audronė , Tomkin Jonathan
Published: March 2021

Article 59 EC Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, on a proposal from the Commission and after consulting the European Central Bank, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary.
Article 68 TFEU
Authors: Wilderspin Michael
Published: March 2021

The European Council shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice.

European Council Conclusions and Action Plans

Post-Stockholm, European Council Conclusions concerning the Area of Freedom, Security and Justice of 26–7 June 2014 reviews what...
Chapter 2 Policies on Border Checks, Asylum and Immigration
Authors: Wilderspin Michael
Published: March 2021

The abolition of border controls on persons at the internal frontiers, i.e. the frontiers between the MS, has a clear link with free movement of persons, one of the cornerstones of EU law. Nevertheless, the original ToR, while recognizing the rights of nationals of MS to move and work in the other MS, still allowed MS to carry out border checks to verify the entitlement of persons crossing those borders to exercise free movement.
Article 99 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission.
Article 111 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 91 EC Where products are exported to the territory of any Member State, any repayment of internal taxation shall not exceed the internal taxation imposed on them whether directly or indirectly.
Article 115 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 94 EC Without prejudice to Article 114, the Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.
Article 123 TFEU
Authors: Flynn Leo
Published: March 2021

Article 101 EC Overdraft facilities or any other type of credit facility with the European Central Bank or with the central banks of the Member States (hereinafter referred to as ‘national central banks’) in favour of Union institutions, bodies, offices or agencies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States shall be prohibited, as shall the purchase directly from them by the European Central Bank or national central banks of debt instruments.
Chapter 2 Monetary Policy
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 127 sets out the main characteristics of the Union’s monetary policy, namely the pursuit of price stability, and entrusts that objective to the ESCB, consisting of the ECB and the NCBs.

Article 128 deals with the issuance of euro banknotes and euro coins....
Article 137 TFEU
Authors: Flynn Leo
Published: March 2021

Arrangements for meetings between ministers of those Member States whose currency is the euro are laid down by the Protocol on the Euro Group.
Article 156 TFEU
Authors: Garben Sacha
Published: March 2021

Article 140 EC With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters.
Article 22 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.
Article 198 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 182 EC The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.
Section 1 Common provisions
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 23 TEU provides that Union action in the field of the CFSP is to comply with the same principles and objectives as the rest of the Union’s external action.
Article 218 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 300 EC Without prejudice to the specific provisions laid down in Article 207, agreements between the Union and third countries or international organisations shall be negotiated and concluded in accordance with the following procedure.
Chapter 1 The Institutions
Authors: Loewenthal Paul-John
Published: March 2021

Article 13(3) TEU provides that detailed provisions on the seven institutions of the Union are set out in the TFEU. These are to be found in Chapter 1 of Title I of the TFEU. Section 1 of that Title deals with the EP (Articles 223 to 234 TFEU); Section 2 with the European Council (Articles 235 and 236); Section 3 with the Council (Articles 237–243); Section 4 with the Commission (Articles 244–250); Section 5 with the Court of Justice (Articles 251–281); Section 6 with the European Central Bank (Articles 282–284); and Section 7 with the Court of Auditors (Articles 285–287).
Article 223 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 190(4) and (5) EC The European Parliament shall draw up a proposal to lay down the provisions necessary for the election of its Members by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.
Article 225 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 192, second subparagraph, EC The European Parliament may, acting by a majority of its component Members, request the Commission to submit any appropriate proposal on matters on which it considers that a Union act is required for the purpose of implementing the Treaties. If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.
Article 227 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 194 EC Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Union’s fields of activity and which affects him, her or it directly.
Article 241 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 208 EC The Council, acting by a simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. If the Commission does not submit a proposal, it shall inform the Council of the reasons.
Article 281 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 245 EC The Statute of the Court of Justice of the European Union shall be laid down in a separate Protocol.
Article 282 TFEU
Authors: Flynn Leo
Published: March 2021

Article 13 TEU provides for the establishment of the ECB as one of the seven institutions of the Union. Article 13 TEU is elaborated in Article 282 TFEU, which sets out how the ECB and the ESCB, consisting of the ECB and NCBs, will operate.
Article 285 TFEU
Authors: Flynn Leo
Published: March 2021

Article 246 EC The Court of Auditors shall carry out the Union’s audit.
Article 290 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.
Chapter 4 The European Investment Bank
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 308 establishes the EIB (or ‘the Bank’), and provides that it statute is laid down by Protocol No 5 annexed to the Treaties.
Article 319 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 276 EC The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts, the financial statement and the evaluation report referred to in Article 318, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.
Article 331 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b and 43 to 45 TEU and ex Articles 11 and 11a EC Any Member State which wishes to participate in enhanced cooperation in progress in one of the areas referred to in Article 329(1) shall notify its intention to the Council and the Commission.
Article 334 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b, and 43 to 45 TEU and ex Articles 11 and 11a EC The Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation and the consistency of such activities with the policies of the Union, and shall cooperate to that end.
Article 336 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 283 EC The European Parliament and the Council shall, acting by means of regulations in accordance with the ordinary legislative procedure and after consulting the other institutions concerned, lay down the Staff Regulations of Officials of the European Union and the Conditions of Employment of other servants of the Union.
Article 341 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 289 EC The seat of the institutions of the Union shall be determined by common accord of the governments of the Member States.
Article 2 TEU
Authors: Klamert Marcus , Kochenov Dimitry
Published: March 2021

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Article 349 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 299(2) Taking account of the structural social and economic situation of Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint-Martin, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaties to those regions, including common policies. Where the specific measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act on a proposal from the Commission and after consulting the European Parliament.
Article 352 TFEU
Authors: Kellerbauer Manuel , Klamert Marcus
Published: March 2021

Article 308 EC If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament.
Article 355 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 299(2) In addition to the provisions of Article 52 of the Treaty on European Union relating to the territorial scope of the Treaties.
Article 2 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to life. No one shall be condemned to the death penalty, or executed.
Title III Equality
Authors: Tomkin Jonathan
Published: March 2021

Title III provides for the right to ‘equality’ of various categories of persons, to various degrees and in various contexts. In addition to requiring all persons to be treated equally before the law, the provisions of Title III expressly prohibit discrimination on a number of specific grounds, such as an individual’s sex, race, colour, ethnic or social origin, religion, or belief. Although diverse in nature, many of the grounds share in common the fact that they may be considered to form an intrinsic part of a human being’s personal, physical, psychological, or social makeup and thereby constitute fundamental facets of an individual’s identity. Viewed from this perspective, the prohibition against discrimination on such grounds may be considered to constitute a particular expression of the right to respect for human dignity that is protected under Title I.
Article 39 CFR
Authors: Martin Denis
Published: March 2021

Article 39(1) CFR constitutes a restatement of the right of participation—as a voter or candidate—in elections to the EP as provided for in Articles 20(2)(d) and 22(2) TFEU. The second paragraph of Article 39 CFR corresponds to Article 14(3) TEU. The CFR Explanations underline that Article 39(2) CFR takes over the basic principles of the electoral system in a democratic state.
Article 45 CFR
Authors: Martin Denis
Published: March 2021

Article 45 CFR constitutes a restatement of the right of freedom of movement for EU citizens as provided for in Articles 20(2)(a) and 21 of the TFEU. Paragraph 2 clarifies that such a right may also be extended to third-country nationals that are lawfully resident in the territory of a MS. The Charter Explanations underline that the extension of the right of free movement to third-country family members is conditional on such rights being granted to family members in accordance with Articles 77–79 TFEU.
Article 46 CFR
Authors: Lock Tobias
Published: March 2021

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.
Article 54 CFR
Authors: Lock Tobias
Published: March 2021

Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.
Article 47 TEU
Authors: Klamert Marcus
Published: March 2021

The Union shall have legal personality.
Article 4 TEU
Authors: Klamert Marcus
Published: March 2021

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
European Union Criminal Law
Authors: Mitsilegas Valsamis , Vavoula Niovi
Published: March 2021

The past three decades have witnessed the gradual evolution of a supranational system of criminal law by the European Union. This is a striking development, since criminal law is an area of great significance for state sovereignty and national identity, whereby EU Member States have developed divergent legal traditions and understandings. Although the Treaty of Rome did not confer any express power on the then European Community (EC) in the field of criminal justice, the European integration process proved that it was difficult to disassociate Community action in the main areas of EC competence, including free movement and the completion of the internal market, from criminal justice policy. Thus, the Maastricht Treaty established a Union competence in the field of Justice and Home Affairs, under the (former) Third Pillar, including judicial and police cooperation in criminal matters. However, decision-making in relation to this took place on the basis of unanimity within the Council, with mere consultation of the European Parliament. With the entry into force of the Amsterdam Treaty, the ‘policy core’ of EU criminal law became more firmly defined, resulting in the adoption of a wide range of framework decisions (e.g. on terrorism, trafficking in human beings, corruption). Importantly,
Commentaries on European Contract Laws
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Authority of Agents
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The economic relevance of agency is an often-invoked truism. Indeed, today’s business world could not operate without the possibility of contracts being negotiated, concluded, and performed by persons not designated to become a party to them. In an economy based on the division of labour, principals do not harness intermediaries just for their skills, knowledge, reputation, and to surmount geographical distance.
Performance
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The modern law of contract is based on the idea of contractual freedom. In particular, parties are free to determine their (mutual) duties themselves (above, Art 1:102). This freedom is not, in principle, restricted to certain issues but includes and extends to all means and modalities of performance. Often, however, parties will not address all questions relating to performance in their contract.
Conditions
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The parties’ use of conditions must be distinguished from the application of conditions as a means of interpretation, allowing the courts to apply or develop remedies.
Extortionate Credit Transactions (Insolvency Act 1986, Sections 244 and 343)
Authors: Parry Rebecca
Published: March 2021

Companies and, in particular, individuals in financial difficulties may suffer from an inequality of bargaining power with lenders. Unscrupulous lenders may exploit the debtor’s need for cash by demanding an excessive credit rate, fee, or equity. Debtors may be left with little choice but to comply if other lenders refuse to give them credit. Naturally, a high credit rate may be justified as a potential debtor with financial difficulties may be regarded as a credit risk; however, the rate charged may go far beyond that which would reflect this risk. In these circumstances, the lender is getting far more than he would have been able to obtain if the rate or terms of the transaction had been entered into fairly. This may be seen to disadvantage other creditors who have been reasonable in their dealings with the debtor. The legislation accordingly provides for such transactions to be adjusted, on grounds that they constitute extortionate credit transactions.
The Family Home
Authors: Parry Rebecca
Published: March 2021

The family home will probably be the debtor’s main asset of value, so clearly it will be of considerable benefit to creditors if this asset can be claimed for the debtor’s estate. This will most obviously be possible if the house is held in the debtor’s name, although here their spouse, civil partner, or cohabitee may wish to claim an interest on the basis of equity and will in any case be entitled to a period of grace before the court will order the house to be sold for the benefit of creditors.
Avoidance of Unregistered Company Charges (Companies Act 2006, Section 859H)
Authors: Parry Rebecca
Published: March 2021

The presence of a charge over a company’s property will reduce the likelihood of an unsecured creditor obtaining payment, or at least a substantial dividend, in the insolvency of the company. The prudent unsecured creditor will bear this in mind in assessing whether to advance credit to a company, and at what level. For this reason a system of charges registration has long been employed, initially with a separate scheme for England and Wales and another for Scotland, in order that unsecured creditors can be aware of the presence of charges. This system has recently been revised and simplified and a single scheme now applies in the UK with effect from 6 April 2016. Charges created by UK companies prior to that date remain subject to the previous regime.
Avoidance Powers Under The Companies Act 2006
Authors: Parry Rebecca , Shivji Sharif
Published: March 2021

As an alternative, or in addition, to the avoidance provisions available under the Insolvency Act 1986 a transaction may, in an appropriate case, be challenged under provisions of the Companies Act 2006 as a transaction exceeding constitutional limitations. Other directors’ duties may also be raised in an action, such as the duty to act in good faith to promote the success of the company.
Limitation Periods
Authors: Parry Rebecca , Ayliffe James
Published: March 2021

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case law. The basic position will be set out in this chapter. In summary, there is no general rule that actions by office holders are not subject to the rules of limitation and the issue of what time limits are applicable would appear to turn on the form of relief that the office holder is seeking. The position will also be affected if the action can be said to be based on the fraud of the defendant. The office holder would be well advised, however, to ensure that, as far as possible, the action is not delayed as this may lead to a striking-out action under the Civil Procedure Rules. Reference should be made to specialist works on limitation periods for further details of this area of law.
Substantive Legal Obligations of EUro area Member States
Authors: Proctor Charles
Published: March 2021

This chapter considers the substantive legal obligations of those European Union (EU) Member States that have adopted, or are to adopt, the euro as their currency. In other words, what is the nature of the burdens and obligations that a participating Member State is required to accept in return for its admission to the benefits of euro area membership?
EU Institutions Representing Member States’ Governments
Authors: Dumitriu Segnana Eugenia , de Gregorio Merino Alberto
Published: March 2021

The Council of the European Union (EU) occupies a central place in the Economic and Monetary Union (EMU), even more so than in any other Union policies. It exercises in this area a variety of roles going from a forum for coordination of national policies to legislative functions and executive powers. The different crises that affected the Union and in particular the euro area in the last ten years have strengthened its prominent position, in no small part due to the Council’s ownership by the Member States. Alongside the Council, the Euro Group, which is presided by a fixed-term president, has developed itself as the informal forum where Ministers from the Member States whose currency is the euro discuss matters of common interest. Its role has been decisive, in particular in the Cypriot and Greek crisis, which could have put into question the very existence of the euro area as a whole.
Eu Fiscal Governance on The Member States: The Stability and Growth Pact and Beyond
Authors: Keppenne Jean-Paul
Published: March 2021

As explained in the previous chapter, the Maastricht Treaty put in place a mild system of coordination in the area of economic policy, in particular fiscal policy. The Member States keep conducting their fiscal policy, particularly the adoption of budgets and the exercise of taxation power which are at the core of the sovereignty of the states. The Member States thus remain largely sovereign with regard to the conduct of their budgetary policies given that their annual budget, as well as their longer-term fiscal planning are still decided by the national authorities. The Union has no competence to interfere directly in this area acting in place of the national authorities. Notably, no veto right is provided, and the Union could not somehow prevent the adoption of national budgets.
Introduction
Authors: Anderson Hamish
Published: March 2021

The title of this short book borrows from those of the White Paper, A Revised Framework for Insolvency Law, which preceded the 1985/86 reform of insolvency law, and, more recently, the Insolvency Service’s May 2016 consultation paper, A Review of the Corporate Insolvency Framework. The book is an examination of the purposes of English corporate insolvency law and the various rules and procedures for dealing with insolvent companies under the Insolvency Act 1986.
Expenses
Authors: Anderson Hamish
Published: March 2021

Insolvency proceedings inevitably entail cost. In addition to the office-holder’s remuneration, there will be a wide range of other expenses—partly arising out of getting in the company’s assets and making such distributions as the proceeds permit but also arising out of discharging compliance obligations. However, an office-holder does not generally have any personal liability for the expenses which he incurs unless he enters into a contract in his personal capacity or incurs costs in the unsuccessful pursuit of litigation brought in his own name.
The Economics of Telecommunications Regulation
Authors: Correa Lisa
Published: March 2021

This chapter is primarily intended as a work of reference, providing an overview of the economics of telecoms regulation and summarizing the key economic regulatory concepts of the industry. While the focus is mainly on the economic regulatory developments in the UK, the conclusions and discussion should be relevant to all countries that have embarked on telecoms liberalization.
The Telecommunications Regime in the United Kingdom
Authors: Walden Ian , Kemmitt Helen , Angel John
Published: March 2021

In a sense the early history of telecommunications begins with the telegraph. Telegraph messages are conveyed over distances but for most of the way they take a non-material form.
Us Telecommunications Law
Authors: Lee Karen , Prime Jamison
Published: March 2021

This chapter focuses on the regulation of the provision of telecommunication services and the operation of telecommunication networks in the US. It begins by giving a brief history of the American approach to the regulation of switched, cable, wireless, satellite, broadband, and IP networks and services. It then provides an overview of the numerous governmental bodies involved in the regulation of the US telecommunications market. It summarizes the licensing requirements under the Communications Act of 1934, and briefly explains the US approach to certain key regulatory issues: access, interconnection and related measures, including network neutrality, spectrum management, universal service, the application of competition law to the sector, and consumer privacy.
Spectrum Management
Authors: Flanagan Anne
Published: March 2021

Developments in communications and broadcast, in addition to wireless technologies, have greatly increased the demand for radio spectrum, an ‘invisible’ natural resource that is, practically speaking, finite or scarce. Although the last decade has witnessed the phenomenal growth worldwide of mobile terminal equipment and wireless networks and services, commentators advise that we ‘ain’t seen nothing yet’ and are merely at the start of what will be possible with the ‘marriage of high-quality, super-fast mobile connections and billions of devices’. Various factors have contributed to these developments which may ultimately bridge the ‘digital divide’, including the evolution of mobile broadband internet technologies, the migration of telecommunications providers to IP networks, the development of reasonably priced ‘smart’ handsets, constantly evolving digitized mobile multimedia and other content, mobile software applications and services, maturing markets for mobile voice telephony, and the growing demand for ubiquitous internet connectivity.
Estoppel
Authors: Hamer Kenneth
Published: March 2021

The Supreme Court held that the doctrine of cause of action estoppel applied to successive complaints before a professional disciplinary body, that disciplinary proceedings were civil in nature and that therefore the principles of res judicata applied, and that there was no reason why cause of action estoppel should not apply to successive sets of proceedings before the Disciplinary Committee of the Institute of Chartered Accountants in England and Wales (ICAEW). The Supreme Court so held in allowing an appeal by C-W, a chartered accountant, against the Court of Appeal, which had upheld the dismissal of his application for judicial review of the decision by the Committee to refuse to dismiss a second complaint based on the same facts of a first complaint that had been dismissed on the merits.
Experts
Authors: Hamer Kenneth
Published: March 2021

Richards J said that the Committee’s finding under head 5(c) that B’s examination of the patient was not inappropriate and was clinically indicated was untenable. The finding was inconsistent with the only expert evidence before the PCC—namely, that of E, a highly qualified and experienced ENT consultant. Whilst the Committee was a specialist tribunal with medical expertise of its own, there would have to be clear and compelling reasons, which the learned judge said he could not find, for it to reject expert medical evidence of the kind given by E. Second, the finding was inconsistent with parts of B’s own evidence. An appeal by the Council for the Regulation of Health Care Professionals was allowed on the grounds that the decision was unduly lenient and the matter was remitted to the Committee to reach a fresh decision as to penalty.
Galbraith Submissions
Authors: Hamer Kenneth
Published: March 2021

Other Relevant Chapters 32.01
Good Character
Authors: Hamer Kenneth
Published: March 2021

The appellants were solicitors practising in partnership together in London. They faced seven charges of professional misconduct, which the SDT found largely substantiated. The Tribunal also made a finding of dishonesty in respect of one of the solicitors and ordered him to be struck off the roll of solicitors. On appeal, it was contended that there was an error in the Tribunal’s approach to the issue of dishonesty. The Tribunal was asked to consider, prior to its decision on liability, a number of written character references adduced on the solicitor’s behalf.
Judicial Review
Authors: Hamer Kenneth
Published: March 2021

Section 31 of the Senior Courts Act 1981, and Parts 8 and 54 of the Civil Procedure Rules 1998 (CPR), deal with the rules applicable to judicial review. Part 8 of the CPR, as modified by Part 54, read with the Senior Courts Act 1981, section 31, now contains the procedural rules governing claims for judicial review. (See Civil Procedure 2018, Vol. 1, at CPR Part 54, Judicial Review and Statutory Review.)
Negligence
Authors: Hamer Kenneth
Published: March 2021

B, the plaintiff, claimed damages against the defendants in respect of injuries that he received while undergoing electroconvulsive therapy (ECT) on 23 August 1954 at Friern Hospital. Medical evidence was called by both sides. No one suggested that there was any negligence in the diagnosis or in the decision to use ECT. However, there were different variants as to the use of restraining sheets, relaxant drugs, and manual control of the patient’s body. The question was whether Dr A, following the practice that he had learned at Friern Hospital and following the technique that had been shown to him by Dr B, was negligent in failing to use relaxant drugs or, if he decided not to use relaxant drugs, that he was negligent in failing to exercise any manual control over the patient beyond merely arranging for his shoulders to be held, his chin supported, a gag used, and a pillow put under his back. McNair J, in summing up to the jury, said, at 586–7:
Review Hearings
Authors: Hamer Kenneth
Published: March 2021

In the healthcare professions, a review hearing may arise in one of two situations—namely, (1) where, after a finding that the registrant’s fitness to practice is impaired, a direction is made by the tribunal or committee that a suspension order or conditions of practice order be reviewed before the expiry of the period of suspension or conditions; or (2) in the case of an interim order, there is a statutory requirement for a review of an interim suspension order or an interim conditions of practice order, or the extension of such an order. Examples of the statutory provisions relating to review hearings.
Striking Off
Authors: Hamer Kenneth
Published: March 2021

Examples of the legislation are set out in Chapter 73, Sanction, Section A, Legal Framework. Striking off, erasure, or removal of a practitioner from the register is reserved for the most serious conduct. The sanctions guidance of most regulators indicates the circumstances that would justify striking off, erasure, or removal from the register.
Article 2 Material scope
Authors: Kranenborg Herke
Published: March 2021

The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data. This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person.
Article 4(6). Filing system
Authors: Tosoni Luca
Published: March 2021

In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used. The protection of natural persons should apply to the processing of personal data by automated means, as well as to manual processing, if the personal data are contained or are intended to be contained in a filing system. Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation.
Article 4(13). Genetic data
Authors: Bygrave Lee A , Tosoni Luca
Published: March 2021

Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(15) (Definition of ‘data concerning health’) (see also recital 35); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).
Article 4(17). Representative
Authors: Tosoni Luca
Published: March 2021

Article 13(1)(a) (Information to be provided to the data subject); Article 14(1)(a) (Information to be provided to the data subject); Article 27 (Representatives of controllers or processors not established in the Union); Article 30 (Records of processing activities); Article 31 (Cooperation with the supervisory authority); Article 58(1)(a) (Powers of supervisory authorities).
Article 6 Lawfulness of processing
Authors: Kotschy Waltraut
Published: March 2021

Article 4(11) (Definition of consent) (see also recital 32); Article 7 (Conditions for consent); Article 8 (Conditions applicable to child’s consent); Article 9(2) (Processing of special categories of personal data) (see also recital 51); Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 23 (Restrictions) (see also recital 73); Article 89 (Safeguards relating to processing for archiving, research and statistical purposes) (see too recitals 156–163).
Article 17 Right to erasure (‘right to be forgotten’)
Authors: Kranenborg Herke
Published: March 2021

Article 5 (Principles relating to processing of personal data); Article 19 (Notification obligation regarding rectification or erasure of personal data or restriction of processing); Article 21 (Right to object) (see also recitals 69–70).
Article 27 Representatives of controllers or processors not established in the Union
Authors: Millard Christopher , Kamarinou Dimitra
Published: March 2021

Article 3 (Territorial scope) (see also recitals 23–24); Article 4(17) (Definitions); Article 9 (Processing of special categories of personal data) (see also recitals 10, 51–54); Article 10 (Processing of personal data relating to criminal convictions and offences) (see also recital 97); Article 13 (Information to be provided where personal data are collected from the data subject) and Article 14 (Information to be provided where personal data have not been obtained from the data subject) (see also recitals 60–62); Article 30 (Records of processing activities) (see also recital 82); Article 31 (Cooperation with the supervisory authority); Article 35 (Data protection impact assessment) (see also recitals 89–93); Article 36 (Prior consultation) (see also recital 94); Article 79 (Right to an effective judicial remedy against a controller or processor) (see also recital 145).
Article 31 Cooperation with the supervisory authority
Authors: Kotschy Waltraut
Published: March 2021

Article 57 (Tasks of the supervisory authorities) (see too recital 122); Article 58 (Powers of the supervisory authorities) (see also recital 129); Article 83 (General conditions for imposing fines) (see also recitals 148 and 150)
Article 39 Tasks of the data protection officer
Authors: Rigaudias Cecilia Alvarez , Spina Alessandro
Published: March 2021

Article 30 (Records of processing activities) (see too recital 82); Article 33 (Notification of a personal data breach to the supervisory authority) (see too recital 85); Article 35 (Data protection impact assessment) (see too recitals 90–91); Article 36 (Prior consultation) (see too recital 94); Article 37 (Designation of the data protection officer) (see too recital 97); Article 38 (Position of the data protection officer) (see too recital 97); Article 47 (Binding corporate rules) (see too recital 108); Article 57 (Tasks of supervisory authorities) (see too recital 122).
Article 66 Urgency procedure
Authors: Georgieva Ludmila
Published: March 2021

Article 4(21)–(22) (Definitions, supervisory authority and supervisory authority concerned); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 61 (Mutual assistance) (see too recital 133); Article 62 (Joint operations of supervisory authorities) (see too recital 134); Article 63 (Consistency mechanism) (see too recital 135); Article 64 (Opinion of the Board), Article 65 (Dispute resolution by the Board) (see too recital 136); Article 70 (Tasks of the Board) (see too recital 136).
Article 73 Chair
Authors: Docksey Christopher
Published: March 2021

Article 29(4) DPD provided that ‘The Working Party shall elect its chairman. The chairman’s term of office shall be two years. His appointment shall be renewable’. Article 3(1) of the WP29 Rules of Procedure provided in addition for the election of two Vice-Chairs.
Article 87 Processing of the national identification number
Authors: Van Eecke Patrick , Šimkus Anrijs
Published: March 2021

Member States may further determine the specific conditions for the processing of a national identification number or any other identifier of general application. In that case the national identification number or any other identifier of general application shall be used only under appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation.
Article 91 Existing data protection rules of churches and religious associations
Authors: Tosoni Luca
Published: March 2021

Article 4(21) (Definition of ‘supervisory authority’); Article 9(2)(d) (Processing of special categories of personal data by religious organisations); Articles 51–59 (Independent supervisory authorities); Article 99 (Entry into force and application).
Article 94 Repeal of Directive 95/46/EC
Authors: Moore Dominique
Published: March 2021

References to the repealed Directive shall be construed as references to this Regulation. References to the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this Regulation.
Article 96 Relationship with previously concluded Agreements
Authors: Moore Dominique
Published: March 2021

International agreements involving the transfer of personal data to third countries or international organisations which were concluded by Member States prior to 24 May 2016, and which comply with Union law as applicable prior to that date, shall remain in force until amended, replaced or revoked.
Forum Choice in the Area of Freedom, Security, and Justice
Authors: Marletta Angelo
Published: March 2021

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.
Courts
Authors: Craig Paul
Published: March 2021

The preceding chapter considered the foundations of judicial review in the EU. The discussion now turns to the EU Courts. The way in which the principles of review have developed has been affected by the jurisdictional divide between the CJEU and GC, and between these Courts and national courts. It will be argued that a necessary condition for an effective regime of judicial control is the existence of a rational judicial architecture, embracing the CJEU, GC, national courts, and agency boards of appeal.
The Ombudsman
Authors: Craig Paul
Published: March 2021

The Treaty of Maastricht introduced the European Ombudsman into the institutional landscape of the Union. The emergence of an extra-judicial mechanism geared towards overseeing the administrative behaviour of the Union bureaucracy served a twofold objective. In legal terms, it sought to enhance the protection of citizens’ rights and interests in the Union space by establishing an alternative route to administrative litigation. In political terms, it was employed as a tool to put a smiling face to a largely distant, impersonal, and incomprehensible Community structure, soothe the growing uneasiness of the Union citizenry, and sugar the pill of further European integration.