From Kluwer Law International...

EuropeanMonographs

Editor-in-chief: Prof. David O'Keeffe

VOLUME 67

Multilingual Interpretation of EuropeanUnion Law by Mattias Derlén

For the first time in European law scholarship, Mattias Derlén provides an in-depth analysisof the actual use of multilingual interpretation of Community law in national courts. Hehas sifted from the (mostly recent) history of high courts (and some lower courts) inGermany, England, and Denmark some 186 judgements in which the courts diverged from reading the nationallanguage version in isolation by admitting one or more other language versions of a Community provision. In eachinstance he closely investigates:

• why and under what circumstances this initiative was taken; • which and how many foreign language versions were used; • in what way the national court gained knowledge of the meaning of the foreign language versions; and• how the court acted when the meanings of the examined language versions deviated from each other.

Denmark, England and Germany were chosen because they represent three of the classical Western legal families –the Scandinavian (Nordic) law, the common law and the civil law traditions. In this connection, the author clearlydemonstrates that the shortcomings of national courts that emerge from the study result not only from practicalconstraints, but also from features of legal culture and basic notions of the law in the particular jurisdictions.

Multilingual Interpretation of European Union Law offers a superb foundation for further work in an area of Europeanlaw that is gathering greater significance day by day. Although it goes without saying that any scholar or studentengaged in studying the multilingual aspect of European law will find this book indispensable, there is also animportant place for this knowledge among academics and practitioners generally, given the pervasive effects oflanguage and translation in interpreting Community law.

Table of Contents: Abbreviations. Part I: Overview. 1. Introduction. 2. Multilingual Interpretation in International Law: Introducing theVienna Convention. Part II: Rules and Guidelines Concerning the Multilingual Interpretation of EU Law. 3. TheEuropean Court of Justice and the Multilingual Character of European Union Law. 4. Preliminary Rulings andMultilingual Interpretation of EU Law. Part III: Multilingual Interpretation of European Union Law in NationalCourts. 5. The Importance of Multilingualism in Monolingual Interpretation. 6. Multilingual Interpretation Activatedby Interpretative Doubt. 7. Multilingual Interpretation Activated Automatically. 8. Multilingual InterpretationActivated by the Parties. 9. Multilingual Interpretation Activated by Other Factors. 10. Choosing and Reading ForeignLanguages. 11. Reconciling Diverging Language Versions. 12. Understanding the Attitudes of National Courts. Part IV:The Emerging Picture. 13. Summary of Conclusions: The Complexity of the Multilingual Interpretation of EU Law.Bibliography. Table of Cases. Index.

July 2009, 446 pp., hardbound, ISBN: 9789041128539, Price: EUR 90.00 / USD 119.00 / GBP 72.00

NEW

VOLUME 66

Division of Powers in European Union LawThe Delimitation of Internal Competence between the EU and theMember Statesby Theodore Konstadinides

This deeply informed and thoughtful book thoroughly examines the manner in which theprinciple of division of powers has developed in EU Law over the course of Europeanintegration, and casts light on the path towards a more efficient delimitation of internalcompetence between the main actors: namely, the European Union and the Member States.Among the topics investigated in depth are the following:

• the place of the ‘competence provisions’ in the current and future EU Treaty structure; • the scope and limits of the powers of institutional actors involved in EU decision-making; • the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of

Community law; • the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Community’s legislative competence; • areas where ‘creeping competence’ occurs;• the constitutional checks and balances available to Member States against unprecedented expansion of EU

competences; and • the spectre of a powerful ‘core’ Europe and a ‘multi-speed’ Europe of pacesetters and laggards.

The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakersworking in the fields of the European integration project, and will provide ample insights and food for thought.

May 2009, hardbound, ISBN: 9789041126153, Approx. Price: EUR 120.00 / USD 158.00 / GBP 96.00

VOLUME 65

Cross Border Enforcement of Claims in the EUHistory, Present Time and Future

by Mikael Berglund

This book focuses on preventive security arrangements and precautionary measures that offercreditors the widest possible assurance of obtaining an enforceable cross border title ofexecution and recovering claims in the event of non-payment by the debtor – all whileadhering closely to such guiding principles as efficiency, legal certainty, predictability, and theestablishment of a proper balance between the interests of the claimant and the defendant.The author pays close attention to relevant factors as the following:

No other work on the cross border enforcement of contractual money law claims and tax law claims in the EU hasanything like the depth and breadth of this analysis.

February 2008, 400 pp., hardbound, ISBN: 9789041128614, Price: EUR 125.00 / USD 165.00 / GBP 85.00

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• the debtor’s privacy interest, the creditor's efficiencyinterest, legal principles of non-discrimination,proportionality, territoriality, universality, and mutuality;

• the role of regulated enforcement and recovery agents; • a foreign State’s immunity against civil execution measures; • recognition and enforceability of titles of execution; • interim measures; • grounds of non-recognition or refusal and other obstacles

to enforcement or recovery; • periods of limitation;

• enforcement of a contested claim; • appeals; • costs and repayment; • referral provisions to national laws; • access to information for enforcement purposes in

the international context; • the possible alternative to cross border enforcement

of claims, international insolvency; and• disqualification orders for non-serious or illegal

business activity.

VOLUME 64

Reverse Discrimination in EC Lawby Alina Tryfonidou

This important new book opens with an in-depth analysis of the ‘linking factor’ test that hasimplicitly been developed by the European Courts for determining whether a situation is purelyinternal to a Member State or whether it qualifies for EC protection. There is a detailedexplanation of how the Court has traditionally applied this test in its case-law (e.g. in familyreunification and educational qualification cases), and of the problems emerging from theapplication of this test. A presentation of the Court’s formal stance on reverse discrimination isalso provided. With detailed reference to the case-law of the European Community Courts (including selected jurisprudenceof national courts), the author shows how recent developments in internal market law have already affected the Court’straditional stance towards purely internal situations and reverse discrimination, and that these developments can now beused in support of the argument that reverse discrimination is an incongruity in the contemporary EC.

Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whetherreverse discrimination is – and should remain – outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law.

A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation.

February 2009, 292 pp., hardbound, ISBN: 9789041127518, Price: EUR 90.00 / USD 119.00 / GBP 72.00

VOLUME 63

EU and WTO Law on ServicesLimits to the realization of General Interest policies within theservices markets

edited by Johan van de Gronden

This book, which is the outcome of a 2006 conference organized by the Europa Institute ofUtrecht and edited at the Radboud University Nijmegen, makes a major contribution toimproving the understanding of services liberalization and its limits in both the scholarly andpublic debate. Eleven well-known authorities in European and international (economic) law deal incisively with such crucialissues as the following:

• the influence of the EU Services Directive on the national legal orders of the Member States; • the relationship between EU law on the liberalization of services and fundamental rights; • the case law of the ECJ on services of general economic interest; • prospects for harmonization of services of general economic interest at EU level; • the impact of public procurement law on services; • interrelation of WTO rules and the EU law on services; and • how public interest issues are accommodated in WTO law.

It is surprising that, as the services sector plays a major role in Europe’s economy, legal scholarship in this area is so sparse.This in-depth examination of tensions emerging between the goals of the European market and general interest objectives at the level of the Member States fills an important need for lawyers, policymakers, officials, and academics striving to clarify and formulate effective principles and rules in this important area of the European and global economies.

December 2008, 316 pp., hardbound, ISBN: 9789041128096, Price: EUR 110.00 / USD 145.00 / GBP 88.00

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VOLUME 62

General Principles of EC Law in a Process ofDevelopment edited by Ulf Bernitz, Joakim Nergelius & Cecilia Cardner

Far from merely an updating of the First Edition, which marked a 1999 conference held underthe same auspices at Malmö, this book is entirely new. It underscores the importance ofdiscovering the emergence of new general principles – linked, indeed, to such fundamentalcontinuing concerns as democracy, accountability, transparency, direct effect, goodadministration, and European citizenship – as they develop in such increasingly important areas as the following:

• core aspects of competition and financial integration law; • the ongoing process of European constitutionalization; • the application of general principles in the new Member States; • the growth of European private law; • the successive creation of a jus commune europaeum; and • the instrumental function of the EC Court.

There is also special consideration attached to such overriding issues as the gap-filling function of the principles within theCommunity legal system, and the implications of the use of a comparative methodology. The authors include both eminent,well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of youngerscholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, thisbook serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the presentmoment. It is sure to be consulted and cited often in the years to come.

June 2008, 480 pp., hardbound, ISBN: 9789041127051, Price: EUR 120.00 / USD 158.00 / GBP 96.00

VOLUME 61

Impact Assessment in EU Lawmaking by Anne C.M. Meuwese

This book identifies the European Union’s impact assessment regime as a source of these norms.Applying a ‘constitutional lens’ to this ‘regulatory’ topic, Anne Meuwese examines both thedetails and the framework of IA in EU lawmaking to date, drawing attention to its strengths, itscontradictions, and its power to enhance the deliberative quality of legislative debates.

Integrating the perspectives of political scientists and economists with the concerns of legalscholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following:

• the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms thatgovern both the procedural and the substantive aspects of the EU legislative process

• the ‘constitutional tasks’ of impact assessment as applied to European legislative proposals, especially relating tosubsidiarity, proportionality, and the precautionary principle

• the formal and informal extension of the scope of impact assessment beyond the co-decision procedure• the question whether impact assessment crosses the line between informing the legislator and fettering legislative

discretion

Impact Assessment in EU Lawmaking is a significant milestone in a number of emerging legal debates around Europe’sconstitutional future , accountability regimes, ‘meta-regulation,’ and the growing awareness of de facto binding norms. Itsvital implications reach far into the future, not only for EU legislation but for the entire field of constitutional law as it adaptsto prevailing structures of public power everywhere.

February 2008, 324 pp., hardbound, ISBN: 9789041127204, Price: EUR 115.00 / USD 152.00 / GBP 92.00

NEW

VOLUME 60

The Law of Payment Services in the EU The EC Directive on Payment Services in the Internal Marketby Despina Mavromati

Using a dual focus on the historical development of EC financial services law and current trendsin this highly evolving sector, this important book masterfully reveals and delimits the legalaspects of payments within the European Union, and analyses the different legislativeapproaches to harmonization in financial services. The author shows that, despite the inherentsensitivity of the financial services sector and the rapid technological developments, acentralized, EC initiative for payment services has the potential to bring about tangible resultsin terms of consumer protection and further EC integration.

In the course of her in-depth treatment, the author explores such elements as the following as they relate to payment services:

• the case law of the ECJ on the meaning of payments and capital• theories of minimum versus maximum harmonization in financial services• the application of mutual recognition and home country control• the comitology procedure• the principle of subsidiarity in the context of financial services legislation• authorization requirements for payment institutions• supervision of the payment institutions• liability for losses from unauthorized transactions• liability for non-execution or defective execution of a payment transaction• revocability and irrevocability of a payment order• varying levels of consumer protection in payment services• transparency and liability issues under the PSD

April 2008, 332 pp., hardbound, ISBN: 9789041127006, Price: EUR 150.00 / USD 198.00 / GBP 120.00

VOLUME 59

EU Enlargement and the Failure of ConditionalityPre-Accession Conditionality in the Fields of Democracy and the Rule of Lawby Dimitry Kochenov

Among the criteria for accession to the European Union are democracy and the Rule of Law. Inthe insightful analysis offered by the author of this book, these concepts – while admirable andeven necessary criteria in principle – are almost impossible to measure, and any judgmentgrounded in them will always be difficult to justify. In his words, “by including analysis ofdemocracy and the Rule of Law within the field of the EU enlargement law, the Union enteredan unstable terrain of vague causal connections and blurred definitions.”

Dr. Kochenov addresses this problem by proceeding as follows:

• First, outlining EU enlargement law in general, including the principle of conditionality and the role played by theanalysis of democracy and the Rule of Law in enlargement preparation;

• then, focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidatecountries, scrutinising the way the EU used the legal tools and competences outlined in its enlargement law.

The book adopts the EU’s own understanding of democracy and the Rule of Law, as derived directly from the substance of thenumerous legal and political instruments issued by the Community Institutions and especially the Commission in the courseof the pre-accession process. In this way it demonstrates the actual – as opposed to the officially announced – role played bythe assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement.

February 2008, 400 pp., hardbound, ISBN: 9789041126962, Price: EUR 125.00 / USD 165.00 / GBP 100.00

For a complete overview of the titles in this series please visit our websitewww.kluwerlaw.com

Our series are available on standing order basis.Simply indicate the volume number from whichyou would like your order to commence. We willthen automatically send you each new volume.The standing order ensures that your series libraryis complete and that you receive each new volumeupon its publication.

VOLUME 52: Interim Protection of Individuals before theEuropean and National Courtsby Dimitrios SinaniotisJuly 2006, 196 pp., hardboundISBN: 9789041124982Price: EUR 106.00 / USD 136.00 / GBP 85.00

VOLUME 51: The Concept of Legislation in EuropeanCommunity LawA Comparative Perspectiveby Alexander H. TürkMay 2006, 292 pp., hardboundISBN: 9789041124722Price: EUR 127.00 / USD 163.00 / GBP 102.00

VOLUME 50: The National Parliaments in the EuropeanUnion - A Critical View on EU ConstitutionBuildingby Philipp KiiverMarch 2006, 232 pp., hardboundISBN: 9789041124524Price: EUR 101.00 / USD 129.00 / GBP 81.00

VOLUME 16: The European Commission’s Jurisdiction toScrutinise Mergers3rd editionby Morten P. BrobergJuly 2006, 468 pp., hardboundISBN: 9789041124746Price: EUR 127.00 / USD 163.00 / GBP 102.00

OTHER VOLUMES IN THIS SERIES:

VOLUME 58The Right to Good Administration by Jill Wakefield November 2007, 328 pp., hardboundISBN: 9789041126979Price: EUR 115.00 / USD 152.00 / GBP 92.00

VOLUME 57External Relations Law of the European CommunityLegal Reasoning and Legal Discoursesby Rass Holdgaard March 2008, 524 pp., hardboundISBN: 9789041126047Price: EUR 145.00 / USD 191.00 / GBP 116.00

VOLUME 56Mandating IdentityCitizenship, Kinship Laws and Plural Nationality inthe European Union by Enikő Horváth February 2008, 408 pp., hardboundISBN: 9789041126627Price: EUR 125.00 / USD 165.00 / GBP 100.00

VOLUME 55: Regulation of Subsidies and State Aids in WTO andEC LawConflicts in International Trade Lawby Gustavo E. Luengo Hernández de MadridJanuary 2007, 630 pp., hardboundISBN: 9789041125477Price: EUR 159.00 / USD 204.00 / GBP 127.00

VOLUME 54: The European Constitution and NationalConstitutionsRatification and Beyondedited by Anneli Albi & Jacques ZillerDecember 2006, 280 pp., hardboundISBN: 9789041125248Price: EUR 133.00 / USD 170.00 / GBP 106.00

VOLUME 53: Regulating Content European Regulatory Framework for the Media andRelated Creative Sectorsedited by Michael Holoubek, Dragana Damjanovic &Matthias TraimerNovember 2006, 250 pp., hardboundISBN: 9789041125972Price: EUR 100.00 / USD 128.00 / GBP 70.00

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