Rainer Arnold Livres

Judicial control of public power is essential for upholding the rule of law. This work examines the extent and limitations of judicial oversight at both national and supranational levels, focusing on the review of public authorities and states. It highlights the potential risks of judicial review leading to activism that could undermine the separation of powers and the legitimate exercise of state authority. The analysis includes mechanisms like reasonableness, proportionality, deference, and margin of appreciation, as well as the horizontal effects of human rights, which help define judicial boundaries. Adopting a theoretical and comparative approach, the book investigates the conceptual foundations of various control systems and evaluates the models, structural elements, and functions of control instruments in selected regions and countries. It draws on country and regional reports to compare the similarities and differences in the implementation of control across Europe, Latin America, and Africa. The theoretical insights and comparative analyses aim to address key questions regarding the existence of universal principles for public power control, the influence of distinct legal traditions, and the extent to which international law has harmonized and reinforced internal mechanisms of public-power oversight.

The book is a result of the International Academic Conference “Meaning of the Term „Security” in Legal Sciences – selected aspects” that was held on 28 May 2015 at the Faculty of Law and Administration, University of Zielona Go´ra, (Poland). The topic of the Conference is one of the most important matters in the European region as well as all over the world. The presented papers referred to different areas of law. Each author focused on his proper field of research, defining the basic security threats in a given area of law. However, the book is not merely a collection of papers that were delivered at the Conference. The meeting ended with an intense discussion on the possibility to understand the term „security“ in the context of the issues raised in the speeches. The consequence of this discussion was a thorough reconstruction of texts or even their substantial transformation. The Conference inspired its speekers to further exploration, research, and multifaceted academic cooperation, which is being successfully continued. The publication does not pretend to describe the phenomenon of security in legal sciences complementarily, but it intends to be a contribution to an in-depth discussion on the presented problem.

Legal profession of today is not conceivable without a special expertise in the field of International Business Law. SIBE’s Handbook intends to offer a solid knowledge basis herein with numerous contributions of experts, in accordance to the study schedule of the LL. M. program in International Business Law of Steinbeis-SIBE. It addresses to the participants of the LL. M. program and, moreover, to all lawyers with the professional focus in international business affairs. The Handbook refers to all the major fields of International Business Law, such as International Contract Law, European Law, Commercial Law, Antitrust Law, Competition Law, Corporate Law, Mergers & Acquisitions, Insolvency Law, Compliance, International Economic Law (incl. WTO), Public Economic Law, Capital Markets Law, Corporate Taxation Law, Labor Law, Residence Law, International Civil Procedure and Mediation, all fields with a strong international perspective.

The aim of the book is to investigate, on the more strictly legal side, the nature of the regulatory approach characterizing the EU system. The EU legal system — thanks to the multilevel dimension of European private law — has been marked by the use of new ways for governing its market integration, as complementary or alternative answers to legislative harmonisation realised implemented with institutional instruments. Family private law instruments such as tort or contract now appear only as a small part of many possible tools harnessed to the pursuit of allocative efficiency or distributive justice. Conversely, the range of arrangements of available public regulatory tools is extremely varied. The private law offers complementary remedies in individual situations through contract law, above all consumer law in the case of information problems, and at the same time as tort law assumes the effects of externalities suffered by third parties. Tort law may also give ex-post specific remedies, in case one party has been severely underprivileged. ‘Social’ regulation of Private, is correlated to distributive justice and to the insufficient resources of the part of the people excluded from acceding to essential services, to the greater bargaining power of the service provider, or to the inadequate financial and educational endowment of consumers to best measures their preferences.