A5067450587- European and International Law Studies
- European and International Contract Law
- Conflict of Laws and Jurisdiction
- Intellectual Property Law
- Digitalization, Law, and Regulation
- Corporate Governance and Law
- EU Law and Policy Analysis
- European Criminal Justice and Data Protection
- Medical and Health Sciences Research
- Diverse Legal and Medical Studies
- Taxation and Legal Issues
- Medical Malpractice and Liability Issues
- European Union Policy and Governance
- Merger and Competition Analysis
- International Arbitration and Investment Law
- Healthcare Systems and Challenges
- Dutch Social and Cultural Studies
- European Law and Migration
- Dispute Resolution and Class Actions
- Agricultural safety and regulations
- Healthcare cost, quality, practices
- Comparative and International Law Studies
- Healthcare Quality and Management
- International Law and Human Rights
- International Environmental Law and Policies
Durham University
2015-2023
University of Groningen
2018
European University Institute
2013-2015
Florence (Netherlands)
2013
With the New Approach for goods, EU has created a regulatory framework placing products on market in which both public and private parties have an important role to play. The various cases been brought after PIP breast implants scandal show difficulties with trying link this ex ante potential liability defective products. National courts reached different conclusions about scope of obligations certification bodies Approach. Since these issues are fundaments construction Approach, it would be...
In Fra.bo, it was held by the Court of Justice European Union (“CJEU”) that “Article 28 EC must be interpreted as meaning applies to standardisation and certification activities a private-law body, where national legislation considers products certified body compliant with law has effect restricting marketing which are not body” (author's headnote).
The Working Paper presents the first results of a research project on application Francovich State liability by national courts. is supervised Prof. Hans-W. Micklitz (EUI) and Takis Tridimas (KCL). Research has been undertaken in ten Member States to identify all cases which basis criteria was claimed For each case researchers were asked complete sheet. Finally, they write short report with for their State. conclusion analyses some trends. It clear that, while courts have not opposed...
This article presents the first results of a research project on application Francovich State liability by national courts. Research has been undertaken in ten Member States to identify all cases which basis criteria was claimed For each case, researchers completed case sheet and subsequently wrote short report with for their State. The conclusion analyses some trends. It is clear that, while courts have not opposed conditions liability, they are still struggling integrate these laws...
This long working paper (EUI interest study) explores the differences between national legal systems and assesses whether they are EU law compliant when it comes to calculation of on damages resulting from antitrust infringements. The first chapter addresses three issues: principles that emerge case CJEU assessing compliance rules in actions; legislation considering notion payments; an assessment, based system, thirteen member state approaches interest. subsequent chapters reports which form...
Abstract Free movement of patients has been criticised from the moment that first patient cases reached Court Justice European Union (‘CJEU’). The moving supposedly increases consumerism, reduces national solidarity, and a negative impact on quality healthcare provided in some Member States. This article challenges empirical foundations such criticisms. An analysis all before CJEU shows significant number required urgent treatment, their medical condition was life-threatening, they were...
Abstract This Article provides an empirical analysis of all free movement doctors cases decided by the CJEU. The aim is twofold: to provide a ‘characterisation’ type who rely on law, and make link between their reliance law concept medical professionalism. In what circumstances, with purpose, do law? And does pose risk professionalism? shows that most before CJEU focussed expertise qualifications doctors. Many were brought groups or professional associations. cases, doctor's was defend...
Abstract This chapter will look deeper into the question of horizontal direct effect in Viking and Laval cases by focusing on effects judgment. It be submitted that case was an example enforcement vertical right to protected State against interference with one’s free movement rights under EU law. The trade union acted within a legislative framework which had been established provided protection union. CJEU’s judgment this illusory, Swedish assumed responsibility amending two pieces...
The New Approach gives an important role to European standardisation in the improvement of internal market for goods. Such a does not exist services. For services, it is more difficult maintain distinction between law and technical expertise on which based. Service standards are much likely clash with existing legislation. If EU wants play will have provide narrower precise legislative framework
On 5 March 2015 the Court of Justice European Union gave an important judgment that may help to bolster importance Product Liability Directive and its national implementing regimes for legal practice product liability law. In two joined cases, held products, such as implantable medical devices in this case, can be considered defective if they were found belong same group or formed part series had a potential defect, without there being any need establish question defect. Moreover, damage...
Abstract This chapter will look deeper into the question of horizontal direct effect in Viking and Laval cases by focusing on effects judgment. It be submitted that case was an example enforcement vertical right to protected State against interference with one’s free movement rights under EU law. The trade union acted within a legislative framework which had been established provided protection union. CJEU’s judgment this illusory, Swedish assumed responsibility amending two pieces...
Abstract The free movement provisions enable EU citizens to follow their own ethical preferences by going a Member State that has made different choice from home State. However, UK who have assisted suicide or euthanasia abroad could be criminally prosecuted on return England. This possibility of criminal prosecution constitutes restriction movement. Nevertheless, the so far not been used challenge English prohibition euthanasia. aim this article is show that, based its ultimate aim, law...
Abstract Medical doctors can exercise their free movement rights to escape the control of professional regulation at national level. This “darker side” has received a lot attention. article will show that provisions play an increasingly important role in medical disciplinary cases. The application law make positive contribution protection patient safety. However, tribunals are unfamiliar with structure arguments based on provisions. While case patients encouraged process internationalisation...