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Law and Criminology (R0)

Ander Maglica

Collective Dimensions of Access to Justice

A Constitutional Study on Italian Class Actions in the European Multilevel System

&lt;p&gt;Premise.- Part 1: Contextual Foundations. Winds of Change.- The Effects of Globalisation and New Technologies on the Social Fabric.- A Multilevel Constitutional Context.- Constitutional Foundations of (Collective) Access to Justice in Italy and Concepts.- Part 2: Collective Actions. Route of Change.- Class Actions: Origins, Us Development and Current EU Context.- The 2019 Italian Class Action Reform in an Integrating Constitutional Perspective.- Part 3: Collective Enforcement. Exercises of Change.- Case Study No. 1: Environmental &amp;lsquo;Sacrifice-Zone&amp;rsquo; and Harmful Medical Devices. The Ilva And Philips Respironics Cases.- Case Study No. 2: Food-Delivery Riders and Fair Working Conditions. The Deliveroo and Uber Eats Cases.- Case Study No. 3: Systemic Inhuman and Degrading Treatment of Prisoners and Migrants. Room for Future (Class) Actions?.- Case Study No. 4: Arbitration Clauses, Class Waivers and Foreign Defendants. The Binance Case.- Part 4: Conclusive Assessment.- Final Constitutional Assessment and Forward Look.&lt;/p&gt;

Hart Studies in Constitutional Theory

This book argues that a Constitution of the Earth is not a utopian ideal, but is, in fact, the only realistic way of saving our planet from wars, environmental destruction, climate change, pandemics, widespread violations of human rights, and unbridled public and private powers. It sets out a four-step plan: First, it argues for the introduction of a new category of offences, 'systemic crimes', to address harmful conduct which currently escapes criminal liability. Second, it highlights the inadequacy of existing national governments and international organisations, to cope with a range of global anti-humanitarian policies. Third, taking seriously the commitment to universal human rights enshrined in existing constitutions and international charters and covenants, it proposes a stateless form of global constitutionalism. This model would be grounded on guarantist institutions, operating on a supranational level, regulating markets, promoting the overall enjoyment of fundamental rights and essential goods and services, and, ultimately, seeking to achieve universal and lasting peace. Fourthly, and finally, it presents a draft Constitution of the Earth, comprising 100 Articles, intended as a foundation for debate and deliberation. Towards a Constitution of the Earth is written for, and accessible to, any person concerned about the present state of world affairs, those opposed to a fatalist acceptance of the "Might makes Right" principle, and who believe in the rational possibility of a better world for all.

Humanity at the Crossroads

Towards a Constitution of the Earth

This open access book addresses the application of EU fundamental rights law by national courts. It offers a unique insight into the case law of courts in three EU Member States (Belgium, Germany and the Netherlands) as regards mutual trust and fundamental rights. Through a thorough analysis of over 1000 national court judgements from the last ten years, the book enables readers to view EU law from the perspective of national judges.
The book focuses on decisions regarding transfers under the Dublin Regulation and the European Arrest Warrant. These particular cases require national judges to balance the EU legal principle of mutual trust with individual fundamental rights. This is a demanding task due to the differences in approach between the Court of Justice and the European Court of Human Rights, as well as the inherent tension between the principle of mutual trust and fundamental rights. The book investigates how national judges navigate the differences in applicable laws (EU law, ECHR law, national law) in Dublin and EAW cases. Moreover, it dissects how and when national judges decide to allow or refuse a transfer, along with their legal reasoning. Finally, the manner in which national courts have utilised the preliminary reference procedure in these cases is considered.
This book will appeal to anyone interested in understanding how EU law works in practice and in the role of national courts, as it explains how national judges may approach similar questions of EU law differently. For students and researchers, the book serves as an important example of EU legal research, employing a systematic analysis of national case law. Finally, it aids practitioners in understanding how national judges approach Dublin and EAW cases and the reasoning behind their decisions to refuse or allow a transfer.&nbsp;
Lucia van der Meulen is an affiliated member of the Institute for European Law of the KU Leuven in Leuven, Belgium.

Deciding on Transfers under the EAW and Dublin Regulation

National Courts as EU Fundamental Rights Courts

WHAT, WHY AND HOW?

HUMAN RIGHTS

Hart Studies in Information Law and Regulation

This book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.

The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data.

The book is unique in setting out to record a period of rapid development - and significant challenge - for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.

In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.

Gdpr in the Machine

Critical Reflections on the EU’s Data Protection Regime

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

Ius Gentium: Comparative Perspectives on Law and Justice

In this book, from an interdisciplinary point of view, collaborators from different countries (Italy, Germany, Austria, Czech Republic, Romania, Poland, Brazil and Spain) and from various disciplines address the ethical issues surrounding the exercise of the freedom of expression by judges. The book brings together different approaches and themes, creates a space for debate and serene reflection concerning how judges should exercise the right to freedom of expression in the light of judicial ethics to ensure public confidence in the administration of justice.

The Freedom of Expression for Judges in the Sphere of the Judicial Ethics

This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.This work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.

Principle of Party Initiative

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

This open access book provides a comprehensive exploration of the EU's role, as a regional international organisation, in the protection of human rights within national legal orders.

Emphasising the distinctive features of this contribution, it brings clarity for both EU and non-EU lawyers, particularly scholars of public and human rights law. By taking a cross-cutting approach-examining the capacity, nature, and adjudication of EU Fundamental Rights Law-it expertly navigates the intricacies of this system. Moreover, it advocates for a political turn in EU Fundamental Rights Law-one that enables European society to meaningfully engage with the deeper issues underpinning this legal framework.

This is an invaluable tool for scholars and practitioners in the fields of European law, public law, human rights, and International law.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded byKU Leuven.

Understanding a Singular Regional Player

The European Union and Human Rights

European Union and its Neighbours in a Globalized World

This book presents an in-depth, comparative analysis of the legal and social policy challenges arising from EU accession in Central and Eastern European countries, promoting a comparative understanding of the impacts on labour and social security law resulting from participation in the EU.&nbsp;Membership in the European Union has profoundly influenced the development of labour and social security law in the countries that joined it in 2004. Key areas such as anti-discrimination law, working time regulations, rules on posting workers, and work-life balance have undergone significant transformations. EU accession has also reshaped how social security regulations work, while fundamental aspects of employee-employer relations, including collective bargaining and occupational health and safety, have seen notable changes as well.
The book not only addresses the main characteristics and current dynamics of social law regulations in an ever-evolving Europe but also provides valuable insights into methods for addressing these challenges through improved labour regulations.
This book offers an essential resource for understanding the complexities and dynamics of labour and social security law in the context of EU enlargement, offering critical perspectives on both historical developments and future trends.
Chapter [Long-term care – Not a Nightmare in the EU?] is licensed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (http://creativecommons.org/licenses/by-nc-nd/4.0/). For further details see licence information in the chapter.

This book presents an in-depth, comparative analysis of the legal and social policy challenges arising from EU accession in Central and Eastern European countries, promoting a comparative understanding of the impacts on labour and social security law resulting from participation in the EU.&nbsp;Membership in the European Union has profoundly influenced the development of labour and social security law in the countries that joined it in 2004. Key areas such as anti-discrimination law, working time regulations, rules on posting workers, and work-life balance have undergone significant transformations. EU accession has also reshaped how social security regulations work, while fundamental aspects of employee-employer relations, including collective bargaining and occupational health and safety, have seen notable changes as well.The book not only addresses the main characteristics and current dynamics of social law regulations in an ever-evolving Europe but also provides valuable insights into methods for addressing these challenges through improved labour regulations.This book offers an essential resource for understanding the complexities and dynamics of labour and social security law in the context of EU enlargement, offering critical perspectives on both historical developments and future trends.Chapter [Long-term care – Not a Nightmare in the EU?] is licensed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (http://creativecommons.org/licenses/by-nc-nd/4.0/). For further details see licence information in the chapter.

20 Years of EU Membership

Labour Law and Social Security Law in Central and Eastern Europe

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

Animal Rights Law

Human Rights Law in Perspective

This book conceptualises the European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

This book conceptualises European Court of Human Rights’ judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say ‘no’ to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe.

The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women’s bodies in European public space.

The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

Rights and Fascism in Europe

Law and Islamic Dress

Collective Dimensions of Access to Justice

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