Bücher der Reihe European Union and its Neighbours in a Globalized World

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons.

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In todayΓÇÖs globalized world, EU law and the ECJΓÇÖs decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJΓÇÖs Intel case. Moreover, recently approved rules concerning the EUΓÇÖs internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services.The twenty-one contributing authors are internationally respected experts on EU law.

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons.

It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights' case law on whistleblowing under Article 10 of the European Convention on Human Rights.

This book explores the current state of society in Europe in general and the regimes and societies of the Western Balkans in particular.

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today's globalized world, EU law and the ECJ's decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ's Intel case. Moreover, recently approved rules concerning the EU's internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services.The twenty-one contributing authors are internationally respected experts on EU law.

This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.

¿Can I choose to die?¿ As the number of requests for euthanasia and physician-assisted suicide continues to rise, human rights law faces a new conflict: the right to die vs. the right to life¿ The right to die or, in other words, ¿the right to choose the time and manner of one¿s own death¿ is a question of personal autonomy and its limits. This book provides a comprehensive understanding of the right to die and sheds light on its possible future under the European Convention on Human Rights. After setting a clear framework by defining the key terminology, the book takes a two-part approach to achieving its aim.The first part focuses on the right to die in practice by examining selected jurisdictions. Switzerland, which is famous for its assisted suicide organizations, and the Netherlands, which was the first country to legalize euthanasia, are examined in detail. Belgium, Germany, the United Kingdom, and -as an exception to the Convention perspective - Canadaare also included. While this examination offers a better understanding of what the right to die looks like in practice, it also provides insights on the slippery slope argument, which serves as a counterweight to personal autonomy, without making a definitive statement on its validity. This part also illustrates the different paths that led or did not lead to the right to die in practice. The second part is an analysis of the European Court of Human Rights case law on the right to die. The Court has made important statements in only very cases, while its caution when approaching such a delicate and controversial topic among its 47 members is understandably emphasized. This analysis of the Court¿s approach to the balancing of personal autonomy against other interests allows us to take a look back at the practice in more permissive jurisdictions through the lens of the Convention. Taken together, the book¿s two parts provide valuable lessons for countries that decideto practice assisted dying, which are outlined in the conclusion. In addition, given that a purely legal approach can only offer a partial picture, the book argues that an interdisciplinary approach would be much more favorable in terms of providing the necessary basis for the right to die debate.

This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States.The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research.Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperationThe contributions of eminent scholars, international experts,and practitioners are the book¿s greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.

There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system.Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances.Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State¿s neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey¿s general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President¿s predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism.The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.