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Vol 23 No 11 Nov/Dec 2018

Book of the Month

Cover of Paget's Law of Banking

Paget's Law of Banking

Edited by: John Odgers, Pagets
Price: £559.99

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European Standardisation of Services and its Impact on Private Law: Paradoxes of Convergence


ISBN13: 9781509930142
To be Published: June 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £30.00
Hardback edition , ISBN13 9781509908332



With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made.

This book focusses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors.

The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

Subjects:
EU Law
Contents:
1. Context and Methodology
I. The Context: European Regulatory Private Law
II. Methodology
III. The Structure of the Book

2. Convergence in Private Law, European Standardisation and Free Movement of Services
I. Convergence in Private Law: The Context of the Discussion
II. Convergence in Private Law Through European Standardisation
III. The Regulation of Services by the EU, Its Impact on Private Law and the Role of European Standardisation
IV. A Preliminary Conclusion

3. The Legal Framework for European Standardisation of Services and the Role of Private Law
I. The European Legal Framework for Standardisation of Services
II. European Standardisation of Services and Private Law
III. European Standardisation and Legitimacy
IV. The Perspectives of Some Key Players in European Standardisation of Services
V. A Preliminary Conclusion

4. European Standardisation of Healthcare Services
I. The Interaction Between EU Law and Healthcare Services
II. The Regulation of Healthcare Services at the National Level and the Role of Private Law
III. Three Case Studies on European Standardisation of Healthcare Services
IV. The Interaction Between European Standardisation and Healthcare Services
V. A Preliminary Conclusion

5. European Standardisation of Tourism Services
I. The Interaction Between EU Law and Tourism Services
II. The Regulation of Tourism Services at the National Level and the Role of Private Law
III. Two Case Studies on European Standardisation of Tourism Services
IV. The Interaction Between European Standardisation and Tourism Services
V. A Preliminary Conclusion

6. The Application of European Standards in Contract Law and Tort Law and the Role of The Unfair Contract Terms Directive
I. From the Making of European Services Standards to their Application in Private Law
II. European Standards in Contract Law
III. European Standards in Tort
IV. European Standards and the Unfair Contract Terms Directive
V. A Preliminary Conclusion

7. The Application of European Standards in Free Movement Law and Competition Law
I. From the Application of European Standards to their Review
II. European Standards in Free Movement Law
III. European Standards in Competition Law
IV. A Preliminary Conclusion

8. Paradoxes of Convergence
I. Returning to the Theme of Convergence
II. European Standardisation and Services
III. European Standardisation and Private Law
IV. Paradoxes of Convergence

Series: Modern Studies in European Law

EU Employment Law 2nd ed ISBN 9781841136837
To be published August 2020
Hart Publishing
£35.00
Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published June 2020
Hart Publishing
£70.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published March 2020
Hart Publishing
£58.00
EU Governance of GMOs ISBN 9781841138039
To be published March 2020
Hart Publishing
£50.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published March 2020
Hart Publishing
£75.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published March 2020
Hart Publishing
£63.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published March 2020
Hart Publishing
£100.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published August 2019
Hart Publishing
£90.00
Citizenship, Crime and Community in the European Union ISBN 9781509915361
To be published July 2019
Hart Publishing
£55.00
The European Union’s External Action in Times of Crisis ISBN 9781509928798
To be published April 2019
Hart Publishing
£42.99
The Rise and Decline of Fundamental Rights in EU Citizenship ISBN 9781509917938
To be published March 2019
Hart Publishing
£70.00
The Pluralist Character of the European Economic Constitution ISBN 9781509926442
To be published December 2018
Hart Publishing
£30.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781509924493
Published August 2018
Hart Publishing
£27.99
£58.50 + £11.70 VAT
(ePub)
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781509922079
Published May 2018
Hart Publishing
£27.99
The EU Better Regulation Agenda: A Critical Assessment (eBook) ISBN 9781509917358
Published May 2018
Hart Publishing
£63.00 + £12.60 VAT
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£63.00 + £12.60 VAT
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The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
Published May 2018
Hart Publishing
£70.00
£70.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
Published April 2018
Hart Publishing
£29.99
Advanced Issues in European and International Tax Law ISBN 9781509921096
Published March 2018
Hart Publishing
£37.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
Published February 2018
Hart Publishing
£29.99
£65.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
Published February 2018
Hart Publishing
£32.99
Environmental Crime in Europe ISBN 9781509914012
Published February 2018
Hart Publishing
£75.00
Environmental Crime in Europe (eBook) ISBN 9781509913992
Published February 2018
Hart Publishing
£67.50 + £13.50 VAT
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The European Union Under Transnational Law: A Pluralist Appraisal (eBook) ISBN 9781509911547
Published January 2018
Hart Publishing
£49.50 + £9.90 VAT
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The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
Published January 2018
Hart Publishing
£55.00
Nudge and the Law: A European Perspective ISBN 9781509918355
Published December 2017
Hart Publishing
£22.99
£67.50 + £13.50 VAT
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Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
Published December 2017
Hart Publishing
£75.00
The European Union in International Organisations and Global Governance ISBN 9781509918379
Published December 2017
Hart Publishing
£37.99
£58.50 + £11.70 VAT
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The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
Hart Publishing
£55.00
The Rule of Law in the European Union: The Internal Dimension (eBook) ISBN 9781509916542
Published September 2017
Hart Publishing
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The European Union and Social Security Law (eBook) ISBN 9781509911561
Published August 2017
Hart Publishing
£54.00 + £10.80 VAT
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£54.00 + £10.80 VAT
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The European Union and Social Security Law ISBN 9781509911578
Published August 2017
Hart Publishing
£65.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
Hart Publishing
£65.00
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
Hart Publishing
£75.00
The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
Published August 2017
Hart Publishing
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£33.99
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
Hart Publishing
£31.99
EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
Hart Publishing
£65.00
Republican Europe (eBook) ISBN 9781509910731
Published June 2017
Hart Publishing
£54.00 + £10.80 VAT
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EU Liability and International Economic Law (eBook) ISBN 9781509901616
Published June 2017
Hart Publishing
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Republican Europe ISBN 9781509910748
Published June 2017
Hart Publishing
£65.00
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Marketing and Advertising Law in a Process of Harmonization ISBN 9781509900671
Published May 2017
Hart Publishing
£70.00
£31.99
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
Hart Publishing
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£58.33 + £11.66 VAT
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The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
Published October 2016
Hart Publishing
£76.50 + £15.30 VAT
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The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published October 2016
Hart Publishing
£90.00
£32.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£25.99
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
Hart Publishing
£33.99
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published June 2016
Hart Publishing
£30.00
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£31.99
£32.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
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The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£65.00
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£60.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
Hart Publishing
£60.00
The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
Published February 2016
Hart Publishing
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Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£60.00
Advanced Issues in European and International Tax Law (eBook) ISBN 9781849469555
Published December 2015
Hart Publishing
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Advanced Issues in European and International Tax Law ISBN 9781849466950
Published December 2015
Hart Publishing
£75.00
Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£65.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
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Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£70.00
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£60.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£80.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£26.99
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£70.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
Hart Publishing
£65.00
Governing Public Health: EU Law, Regulation and Biopolitics (eBook) ISBN 9781782259732
Published July 2015
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
Hart Publishing
£70.00
Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
Hart Publishing
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EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
Hart Publishing
£49.99
EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
Published March 2015
Hart Publishing
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£75.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£60.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£60.00
The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
Hart Publishing
£75.00
The EU Accession to the ECHR (eBook) ISBN 9781782254478
Published July 2014
Hart Publishing
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EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
Hart Publishing
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
Hart Publishing
£70.00
Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
Hart Publishing
£70.00
Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
Hart Publishing
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£75.00
£75.00
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£28.99
EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
Hart Publishing
£60.00
EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
Published February 2014
Hart Publishing
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£65.00
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£50.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£65.00
Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
Hart Publishing
£65.00
Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
Hart Publishing
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The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
Hart Publishing
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The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
Hart Publishing
£80.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£130.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
Hart Publishing
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£70.00
Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£90.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
Published August 2012
Hart Publishing
£36.99
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£70.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
Hart Publishing
£70.00
The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
Hart Publishing
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
£90.00
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
Hart Publishing
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£75.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£65.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£41.99
£110.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£120.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£225.00
EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
£49.99
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
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£64.99
Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£39.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£85.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£54.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£110.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£85.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£70.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
£70.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£110.00
Publication Abandoned