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Legislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.This innovative book reveals the weaknesses in the current drafting of EU law and recommends concrete changes for these regulations and directives in order to aid transposition. Highlighting the importance of drafting techniques, Helen Xanthaki offers an insightful analysis of EU legislation and emphasises the benefit of citizen-centred law-making in sustaining loyalty and trust in the EU. The author explores how reform is necessary to reflect the current usage of EU legislative expressions as the final legislative text for regulation, both at supranational and national levels. Considering the best ways to aid this reform, the book discusses legislative effectiveness and regulatory efficacy, Thornton's methodology, and the use of easified and gender inclusive language to achieve clarity, precision, and unambiguity.Providing an incisive examination of EU legislative drafting and its implications for the member states, this thought-provoking book is a crucial read for scholars of European law, legislative drafting, regulation, and EU studies.

This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field.The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations.The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

Souveraineté européenne. Réalisme et réformisme radical est un essai original qui passionnera tous ceux qui se soucient de l'avenir de l'Union européenne. Il s'adresse aux partisans du projet européen tout comme à ceux qui pensent que sa rénovation en profondeur est indispensable. Mêlant analyse critique, théorie politique, dialogues et propositions stratégiques concrètes, il s'agit d'une contribution substantielle aux débats et actions visant à influer positivement sur le futur de l'Union européenne.

This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.

With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective. With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Thirdly, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book provides an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China. Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policy-makers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists.Contributors include: R. Chen, Y. Chen, J. Dai, M.G. Faure, S. Feng, B. Gui, H. Jiye, J. Klick, W. Li, R.A. Partain, N. Philipsen, X. Tao, S. Weishaar, G. Xu, W. Xu, T. Zhou, Q. Zhou

TABLE OF CONTENTS The clash of European concepts regarding central bank independence: The Franco-Germanic (“Latin-Teutonic”) dispute on the ECB's role during the euro crisis – Jakub Gren. Normative systems other than the law in the jurisprudence of the European Court of Human Rights: An analysis based on Article 10 of the European Convention on Human Rights – Jan Bazyli Klakla. Kosovo status dispute: EU and US influence – Ihar Aulasenka. The principles of the national language policy of Ukraine: The 2012 law and its constitutional framework – Simone Stefan. The protection of linguistic and religious minorities in Lithuania – Marco Carrelli.

At the end of the twentieth century it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place.'This collection of papers by leading US and European corporate law scholars provides fresh and rigorous analyses of the recent corporate governance scandals and the strategies devised by regulators to guard against future governance failures.'Randall Thomas, John Beasley Professor of Law and Business, Vanderbilt University School of Law, Vanderbilt University.

Markus Sichert zeigt Maßstäbe und deren Grenzfunktion für die Änderung, Ergänzung und Neuordnung des geschriebenen und ungeschriebenen Primärrechts auf. Im Spannungsfeld zwischen Wandel und Bewahrung ebnen verfahrensrechtliche, rechtsvergleichende, methodische und erkenntnistheoretische Grundlegungen dem Ziel der Identifikation von Grenzen der Revision den Weg. Als Prämissen fungieren ferner Erkenntnisse zur Konkurrenz zwischen nationalen sowie inter- und supranationalen Regeln, zur Autonomie von Rechtsordnungen und zur Methodik vergleichender Ermittlung änderungsfester Kerne. Diese bestehen in einer weitreichenden Exklusivität des unionsrechtlichen Änderungsverfahrens gegenüber allgemeinem Völkerrecht, ferner aus Rechtsgrundsätzen, die einem gemeinsamen Verfassungssubstrat entspringen und gleichzeitig europarechtlich ausgeformt sind, sowie in der Befugnis des EuGH, die Einhaltung der Grenzen durch deren mindestens indirekte Überprüfbarkeit zu sichern.

The European Union is currently in the midst of a comprehensive process of reform and the aim of this book is to address the challenge of forging a legitimate Constitution for the EU. These authors clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution.

Originating in a conference organised by the Centre for European Legal Studies (CELS), Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.