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Keywords: territorial scope
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Chapter
The Withdrawal Agreement, Part One: Common Provisions
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Pieter Van Nuffel
Published: 03 December 2021
... define the territorial scope of the Agreement; specify that the legal effects produced by the provisions of the Agreement and the provisions of Union law made applicable by it shall be the same as those produced in the Union, and that the provisions of Union law made applicable shall be interpreted...
Chapter
Territorial Scope of Private Enforcement
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Pedro Caro de Sousa
Published: 11 July 2024
...This chapter discusses key matters on the territorial scope of private enforcement. It starts with an overview of substantive and procedural jurisdictional issues that arise from the cross-border nature of many competition infringements and the typically national scope of tort laws. . Territorial...
Chapter
43 Al-Skeini and the Extra-Territorial Application of the European Convention on Human Rights
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Sandy Ghandhi
Published: 20 June 2013
...This chapter focuses on the decision of the European Court of Human Rights in Al-Skeini on the extra-territorial scope of the European Convention on Human Rights. The Al-Skeini case concerned the death of six Iraqi civilians in fighting during the aftermath...
Chapter
Article 77 TFEU
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Michael Wilderspin
Published: 23 May 2019
...0 23 05 2019 Article 62 EC The Union shall develop a policy with a view. European Border and Coastguard Agency FRONTEX border controls short-term residents territorial scope visas and residence permits (ex Article 62 EC) 1. The Union shall develop a policy with a view...
Chapter
Article 1 Subject-matter and objectives
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Hielke Hijmans
Published: 13 February 2020
... according to Article 8(1) GDPR. Would Article 1(3) GDPR prohibit Member State A from applying this minimum age vis-à-vis a service provider offering a service from Member State B where the minimum age is set at 13 years in accordance with the same Article? This all relates closely to the territorial scope...
Chapter
Workers Whose Employment Is Not Confined to England and Wales
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Jeremy Lewis and others
Published: 06 May 2022
... to take account of Brexit). It then considers the applicable law, before turning to the territorial scope of the relevant legislation in sections 47B and 103A ERA. There is distinct consideration of the position as against the employer, and the principles applicable to claims against a co-worker or agent...
Chapter
Published: 26 May 2016
... in the context of jurisiction, choice of law and territorial scope is whether the employee is working in the UK. However, recent cases have raised the possibility of a more sophisticated notion of territoriality which takes into account wider factors relevant to the employment relationship. The appropriateness...
Chapter
Legal Migration
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Steve Peers
Published: 24 March 2016
... that significant migration flows could damage national economies, threaten social harmony, and challenge established national values. This chapter begins with a historical overview of the substance and institutional framework of the subject, including issues of legal competence and the territorial scope...
Chapter
Scope of the Right to Erasure
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Jef Ausloos
Published: 30 April 2020
... exemption territorial scope personal scope material scope controller processor personal data household exemption freedom of expression derogation intermediary liability In light of this book’s overall goal—ie assessing the role of the General Data Protection Regulation (GDPR)’s right to erasure...
Chapter
Article 52 TEU
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Dimitry Kochenov
Published: 23 May 2019
... Union Customs Code territorial scope 1. The Treaties shall apply to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic...
Chapter
Article 49 TFEU
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Jonathan Tomkin
Published: 23 May 2019
... measures and restrictions proportionality principle public and private sector actors regulatory requirements state monopoly control territorial scope (ex Article 43 EC) Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State...
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Article 79 TFEU
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Michael Wilderspin
Published: 23 May 2019
... measures to combat, illegal immigration and trafficking in human beings. family reunification human trafficking immigration policy long-term residents migrant workers people trafficking readmission agreements territorial scope visas and residence permits (ex Article 63, points 3 and 4, EC) 1...
Chapter
Article 81 TFEU
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Michael Wilderspin
Published: 23 May 2019
... for the approximation of the laws and regulations of the Member States. civil and commercial law cases family law cases territorial scope (ex Article 65 EC) 1. The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments...
Chapter
Article 50 International cooperation for the protection of personal data
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Christopher Kuner
Published: 13 February 2020
... Global Cross Border Enforcement Cooperation Arrangement Global Privacy Enforcement Network (GPEN) Information Commissioner (ICO) World Trade Organisation analysis international instruments relevant recitals territorial scope Article 50. International cooperation for the protection of personal data...
Chapter
Introduction
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Marko Milanovic
Published: 01 July 2011
... their territorial scope of application. The first such universal human rights treaty was the Convention against Discrimination in Education, while the most notable are the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination...
Chapter
Article 56 TFEU
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Jonathan Tomkin
Published: 23 May 2019
... territorial scope (ex Article 49 EC) Within the framework of the provisions set out below, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services...
Chapter
The External Reach of EU Private Law in the Light of L’Oréal versus eBay and Google and Google Spain
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Niilo Jääskinen and Angela Ward
Published: 17 March 2016
... private subjects, even though part of the conduct in question took place outside the EU. Determination of the territorial scope of application of substantive provisions of EU private law is a particularly complex challenge, due to the absence of explicit primary law provisions from which the EU Court...
Chapter
Lawmaking through Legislation: An Introduction
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Francesco Parisi and Vincy Fon
Published: 01 January 2009
...This chapter presents an overview of Chapters 2 to 4. Specifically it discusses the optimal specificity of legislation, optimal timing of legislation, and optimal territorial scope of legislation. It argues that these interrelated choices represent critical ingredients in any legislator's attempt...
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