Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


General Principles of EU Law eand European Private Law

Edited by: Ulf Bernitz, Xavier Groussot, Felix Schulyok

ISBN13: 9789041146830
Published: December 2013
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £88.00



Despatched in 5 to 7 days.

This book addresses and highlights the core issues concerning general principles of EU law and their relationship with and impact on private law.

With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights became a legally binding source of primary law and highlights, together with the General Principles of EU law, the importance of fundamental rights in the legal system of the Union. This increased visibility means that private parties have begun to rely on fundamental rights arguments in proceedings in front of national courts and Union courts more and more often.

Amongst many other issues this development brings important questions relating to the effects of EU fundamental rights on private law to the forefront. After an introductory chapter by the editors the following four overarching themes provide the structure of this book and broadly reflect the approaches discussed in its eighteen essays:-

  • the methodology and theory in the elaboration of new General Principles of EU law;
  • the Constitutionalization of private autonomy in EU law;
  • issues of horizontal direct effect viewed from conceptual, sectoral and remedial perspectives; and
  • the relationship between General Principles and competition law.
This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume,the Swedish Network for European Legal Studies.

The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field.

For the many parties involved in the volution of the European project from a legal perspective, this book will serve as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Subjects:
EU Law
Contents:
List of Editors and Contributors.
Preface.
Vision, Essence and Narratives of General Principles and European Private Law: An Introduction, Ulf Bernitz, Xavier Groussot & Felix Schulyok.

Part I: Methodology in the Elaboration of Private Law Principles.
CHAPTER 1 Private Law Principles, Pluralism and Perfectionism, Martijn W. Hesselink.
CHAPTER 2 General Legal Principles Navigating Space and Time, Joxerramon Bengoetxea.
CHAPTER 3 Emerging European General Principles in Private Law, John Temple Lang.

Part II: The Constitutionalization of Private Autonomy.
CHAPTER 4 Regulated Autonomy between Market Freedoms and Fundamental Rights in the Case Law of the CJEU, Guido Comparato & Hans-W. Micklitz.
CHAPTER 5 European Law versus Private Law: Transformation or Deformation of the Paradigm?, Marek Safjan.
CHAPTER 6 Horizontal Effect of Fundamental Rights: In Search of Social Justice or Private Autonomy in EU Law?, Dorota Leczykiewicz.

Part III: Horizontal Direct Effect.
CHAPTER 7 The Concept of (Direct and Indirect) Horizontal Effect of EU Law:The Terminology of European Law Scholars and of Private Law Scholars Compared, Arthur Hartkamp.
CHAPTER 8 The Expectation of Legal Certainty and Horizontal Effect of EU Law, Juha Raitio.
CHAPTER 9 Horizontal Effect of General Principles: Bold Rulings and Fine Distinctions, Takis Tridimas,
CHAPTER 10 General Principles and the Charter in Private Law Relationships:Constructive and Critical Input from Private Law, Carla Sieburgh.
CHAPTER 11 The Horizontal Direct Effect of the Four Freedoms: From a Hodgepodge of Cases to a Seamless Web of Judicial Protection in the EU Single Market?, Sybe de Vries & Robert van Mastrigt.
CHAPTER 12 What Purpose Does Article 16 of the Charter Serve?, Peter Oliver.
CHAPTER 13 The Principle of Effectiveness and EU Private Law, Norbert Reich.
CHAPTER 14 Remedies under the EU Charter in the Context of Disputes Arising in Private Law, Angela Ward.

Part IV: Competition Law and General Principles.
CHAPTER 15 From Regulation 17/62 to Article 52 of the Charter of Fundamental Rights, Ian S.Forrester.
CHAPTER 16 Judicial Review after Menarini: Any Need for Reform of the EU System?, Helene Andersson.
CHAPTER 17 Data Mirroring during Dawn-Raids: Right to Judicial Review, Ingeborg Simonsson.
CHAPTER 18 How General Should General Principles Be? Ne Bis in Idem in EU Competition Law, Wouter Devroe.

Table of Cases.

Series: European Monographs

Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
To be published October 2017
Kluwer Law International
£118.00
The New EU Judiciary. An Analysis of Current Judicial Reforms ISBN 9789041168344
To be published September 2017
Kluwer Law International
£122.00
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
£136.00
£108.00
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
£164.00
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
£84.00
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
£80.00
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
£84.00
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
£100.00
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
£83.00
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
£76.00
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
£104.00
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
£119.00
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
£76.00
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
£76.00
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
£108.00
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
£104.00
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
£130.00
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
£112.00
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
£109.00
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
£138.00
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
£111.00
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
£134.00
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
£138.00
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
£95.00
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
£83.00
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
£93.00
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
£123.00
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
£151.00
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
£128.00
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
£106.00
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
£128.00
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
£158.00
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
£93.00
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
£111.00
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
£106.00
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
£158.00
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
£123.00
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
£128.00
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
£111.00
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
£109.00
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
£109.00
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
£141.00
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
£107.00
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
£141.00
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
£101.00
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
£86.00
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
£90.00
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
£91.00
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
£146.00
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
£89.00
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International
£86.00