Name: Islamic divorces in Europe - Pauline Kruiniger - eBook (9789462741928)
SKU: 36e1fc3d7f752335933cce1b48f72096
Price: 175.1 EUR
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Islamic divorces in Europe - Pauline Kruiniger - eBook (9789462741928)

This book addresses the issue of the recognition of Islamic divorces in European states. Repudiation-based divorces are particularly notorious for their presumed violation of fundamental rights of women and are consequently often not recognized. The resulting limping of legal relationships affects other fundamental rights of the persons involved, such as the right to marry and the right of free movement. For this reason, the author scrutinizes classical Islamic divorce law and the contemporary divorce laws and practices of Egypt, Iran, Morocco and Pakistan, as well as the Dutch, English and French recognition policies and relevant EU (case) law. By introducing various soft and hard law solutions, she provides legal practitioners with the information and tools to tackle major shortcomings in the recognition of Islamic divorces. The book is therefore a mustread for legal practitioners such as registrars, notaries and members of the judiciary, as well as academics.

175,10

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Islam & Europe - eBook (9789461660039)

Within the framework of the Forum A. & A Leysen, several experts from in and outside the Muslim world contributed to this book. In Islam and Europe: Crises Are Challenges they discuss how dialogues between Islam and the West, with a focus on Europe, can be achieved. The various authors (legal scholars, political theorists, social scientists, and psychologists) explore in these collected essays such interrelated questions as: How much diversity is permissible within a liberal pluralistic democratic society? How strong are the implications of citizenship? What are equitable accommodations of contested practices? They argue for an adequate understanding of how Western Muslim communities in Europe experience their minority position and what needs to be done to improve their participation in European society. The second part of this volume is a collection of papers written around the work of Abdullahi Ahmed An-Na'im, who also makes his own contribution to the book. The Catholic University o…

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Rule of Law: Sustainability and Mutual Trust in a Transforming Europe

The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd’s immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas

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Credit rating agency liability in Europe

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answer…

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New Bank Insolvency Law for China and Europe - Qingjiang Kong - eBook (9789462746800)

This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules t…

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Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)

The legislative efforts of the European Union with respect to insolvency were, for a long time, limited to providing uniform rules of international private law on the competent court, applicable law and recognition by means of the European Insolvency Regulation. In recent years, the legislative efforts have shifted towards harmonization of substantive insolvency law at a European level. The most defining characteristic of this harmonization attempt is the focus on reorganization instead of liquidation. In November 2016, the European Commission presented its proposal for a Directive on Preventive Restructuring Frameworks, Second Chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures. The Directive provides for the possibility to reorganize prior to and outside of court supervised insolvency procedures. It envisions that such preventive restructurings should enable enterprises to restructure at an early stage and to avoid the opening of forma…

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Hungarian Yearbook of International Law and European Law - eBook (9789462748347)

The Hungarian Yearbook of International Law and European Law consists of a collection of articles written mostly by Hungarian authors, covering developments in the field of international law and EU law, and progress in domestic implementation and application of these fields of law. The thematic part of the volume centres around various issues of migration, both from a practical as well as from a theoretical point of view. The Yearbook also contains numerous articles analysing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The Yearbook offers a comprehensive picture of the state of application and implementation of EU law and international law in Hungary.

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Remedies for Human Rights Violations by the European Union

Where EU action affects the legal or factual situation of an individual, guarantees for the affected person’s rights must exist. If rights have been violated, a remedy must be provided. This book examines how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant, within the EU’s legal system and beyond. The first Part of the book highlights the significant challenges in the process of claiming remedies for human rights violations committed by the EU. Part II examines the increasing significance of the remedy provided by the principle of non-contractual liability in the framework of EU human rights law. Part III goes a step beyond and examines potential remedies in the sphere of international law, both as an alternative to the EU’s legal system and additional protection. The book contains a comprehensive analysis of substantial and procedural, EU and international, law. It is a detailed and informed handbook f…

109,82

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Cross-border evidence gathering - Marloes C. van Wijk - eBook (9789462747395)

In order to develop an Area of Freedom, Security and Justice, the European Union is adopting measures to enhance international cooperation in criminal matters among the police and judicial authorities of its Member States. The adopted instruments concerning evidentiary matters, such as the gathering of evidence in another EU Member State, seem to serve the main purpose of assisting the authorities in investigating and prosecuting (cross-border) crime. This raises the question to what extent the defence is also given the possibility to gather information and materials in another EU Member State with the aim of preparing and presenting its case at trial and, in particular, whether the current (EU) legal framework on cross-border evidence gathering meets the requirements of the principle of equality of arms. This book addresses these questions by, first of all, discussing the application of the principle of equality of arms, as enshrined in both Article 6 ECHR and Article 47 CFR, in cross…

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Depositaries in European Investment Law - Sebastiaan Hooghiemstra - eBook (9789462748774)

In practice, the same banks and investment firms are acting as a custodian under MiFID II and CRD IV, a depositary under the AIFMD/UCITSD V and a depositary/custodian under IORPD II. Although the safekeeping activities performed by both are similar, European investment law is inconsistent in in allowing depositaries and custodians to provide cross-border financial services throughout Europe. This book provides an in-depth analysis of the concept of the cross-border provision of financial services under European investment law and the regulation applying to depositaries and custodians under MiFID II, CRD IV, the CSDR, AIFMD, UCITSD V and IORPD II. The analysis considers whether and to what extent depositaries and custodians are similarly regulated under European investment law and under what conditions a cross-sectoral European depositary passport could be introduced.

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Islamic divorces in Europe - Pauline Kruiniger - eBook (9789462741928)

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