دانلود کتاب Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen’s Perspective

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Preface\nContents\n1. Introduction: EU Private Regulation and Enforcement - Mapping its Contextual, Conceptual, Constitutional and Citizens’ Dimensions\n 1. Introduction\n 2. Proclaimed Benefits and Potential Risks\n 3. The Conceptual Frame\n 4. The Specific EU Context\n 5. The Citizen’s Perspective\n 6. The Book’s Approach\nPART I: POLICY DOMAINS\n 2. The Special Position of Agreements by Social Partners in EU Law\n 1. Introduction\n 2. The Role of Social Partners in Developing National and EU Policies\n 3. Regulation and Enforcement by Social Partners at EU Level\n 4. National Agreements by Social Partners and EU (Competition) Law\n 5. Analysis of the Interaction of Social Partners and the EU and National Level\n 6. The Legal Protection of Third Parties and Citizens\n 7. Conclusions\n 3. Private Regulation in the Internal Market: Assessing European Technical Standardisation Through a Citizen’s Eye\n 1. Introduction\n 2. The Economic and Societal Context of Technical Standardisation\n 3. Setting the Stage for the Involvement of Private Actors in Regulating and Enforcing the EU Internal Market\n 4. The Legal Foundation and Framework of European Standardisation\n 5. Interplay between the International, European and National Levels\n 6. The Interplay between the Public and the Private\n 7. Assessment from a Citizen’s Perspective\n 8. Concluding Remarks and Lessons Learnt\n 4. The Role of Private Actors in Data Protection Law and Data Protection Practice\n 1. Introduction\n 2. The Role of Private Actors in Data Protection Law\n 3. The Legal Arrangements and Foundations\n 4. Assessment\n 5. Conclusions\n 5. Private Actors in European Consumer Law\n 1. Introduction\n 2. Setting the Stage for the Involvement of Private Actors\n 3. Legal Arrangements and Foundations\n 4. Case Studies\n 5. Assessment vis-a-vis the Citizen’s Perspective\n 6. Conclusion\n 6. Of the People, by the People, for the People? The European Union’s Experience with Private Environmental Regulation and Enforcement\n 1. Introduction\n 2. Contextualising Private Environmental Regulation in the EU\n 3. The Trajectory of EU Environmental Regulation to Date and the Role of Private Environmental Regulation\n 4. The Citizen’s Perspective?\n 5. Conclusion\n 7. Unfolding the Private-Public Dynamics of Regulation and Enforcement in EU Food Law\n 1. Introduction\n 2. The Origins and Development of EU Food Law Regulation\n 3. Setting the Stage for the Involvement of Private Actors in the Multilevel Regulation and Enforcement of Food Law in the EU\n 4. Assessing Public-Private Regimes of Food Regulation\n 5. Conclusions\n 8. Engaging Private Actors in the Production of EU Financial Regulation: Advantages and Disadvantages from a Citizen’s Perspective\n 1. Introduction\n 2. The Post-Crisis Institutional Architecture of Banking Regulation and Supervision in Europe\n 3. Setting the Stage for the Involvement of Private Actors: Market Failures and Complexity of Modern Financial Intermediation\n 4. On the Interplay between Public and Private Modes of Regulation: Legal Arrangement and Foundation of the Private-Public Relationship\n 5. What is the Role for Private Regulation in Achieving Social and Economic Goals Relating to the Banking Industry?\n 6. Financial Regulation and Private Actors from a Citizen’s Perspective: An Analysis Through the Lens of ‘New Governance’ Theory\n 7. Concluding Remarks\n 9. Trust through Responsibility: Advertising and Self-Regulation in Europe\n 1. Introduction\n 2. Setting the Stage for the Involvement of Private Actors\n 3. Legal Context, Arrangement and Foundation\n 4. General Assessment\n 5. An Assessment of Advertising SR vis-a-vis the Citizen\n 6. Conclusions\n 10. Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen’s Perspective –\r The Protection of Minors against Online Harms\n 1. Introduction\n 2. Regulatory Models: Clear Incentive for the Involvement of Private Actors\n 3. The Context of the Fundamental Rights at Stake\n 4. Assessment of the Involvement of Private Actors in the Protection of Minors vis-a-vis the Citizens’ Perspective\n 5. Conclusion\n 11. Internet Liability Law Case Study: Private Regulation and Enforcement in the EU from the Citizens’ Perspective\n 1. Introduction: Context\n 2. What Role is Established for Enforcement by Private Internet Actors?\n 3. Development of Self-Regulation for Internet Actors in Context\n 4. Private Enforcement Assessment and Reform from the Citizens’/Prosumers’ Perspective\n 5. Conclusion: Nudging Private Internet Actors Towards Better Enforcement\n 12.The Role of Private Actors in the Regulation and Enforcement of Corporate Environmental Harm\n 1. Introduction\n 2. Why Should Private Actors be Involved in the Protection of Citizens against Corporate Environmental Harm?\n 3. Private Actors’ Roles in Reporting and Detecting Corporate Environmental Harm\n 4. Extraterritorial Enforcement Through Liability Claims or Extralegal Sanctions\n 5. Private Regulation\n 6. Final Remarks\nPART II: CROSS-CUTTING ISSUES\n 13. The Constitutional Authority of Private Regulation in the Light of the EU’s Competence Order\n 1. Introduction\n 2. The Principle of Conferral: Its Legality Aspirations and Confines for the Lawful Delegation of Powers to Private Actors\n 3. The Principle of Subsidiarity: Demanding Proximity of Public Regulatory Processes\n 4. The Principle of Proportionality: A Safeguard against Excessive Public Interference and its Implications for the Choice of Regulatory Means\n 5. Conclusion\n 14. Private Regulation and Enforcement within the Single Market’s Legal Framework: The Need for a More Holistic Approach\n 1. Introduction\n 2. The Personal Scope of the Free-Movement Provisions: What Horizontal Effect for Private Actors?\n 3. The Substantive Scope of the Free-Movement Provisions; What Private Conduct may be Justified?\n 4. Concretising the Issue: Facebook’s Advertising Policy\n 5. Towards a Holistic Internal Market Test\n 6. Conclusion\n 15. European Union Co- and Self-Regulation and the Protection of Fundamental Rights\n 1. Introduction\n 2. EU Strategies on Fundamental Rights and the Regulatory Process\n 3. Classification of Fundamental Rights Effects\n 4. Responsibilities to Protect Fundamental Rights of Actors Involved in the Process of Co- and Self-Regulation\n 5. Conclusions\n 16. EU Competition Law versus Private Regulation: Restrictive or Enabling?\n 1. Introduction\n 2. The Involvement of Private Actors in the Legislative Process in the Netherlands\n 3. The Legislative Response from the Dutch Government\n 4. Competition Law for Citizens or Consumers?\n 5. Summary on the Scope of Private Actor Engagement within EU Competition Law\n 6. Conclusion\n 17. The Democratic Challenges of Effective Private Regulation and Enforcement\n 1. Introduction\n 2. Regulatory Capitalism and Democratic Governance\n 3. The Challenge of Private Regulation\n 4. Reviewing Regulatory Practice for Democratic Governance\n 5. Conclusions\n 18. Conclusions: Drawing the Lines Together of Regulatory Choice, Public-Private Dynamics and Citizens’ Trust in Private Regulation and Enforcement in the EU\n 1. Introduction\n 2. The Actors in and Drivers of EU Private Regulation and Enforcement\n 3. Public-Private Dynamics\n 4. Legal Conditioning of Private Regulation and the EU-National Relationship\n 5. Building Citizens’ Trust\n 6. Constitutionalisation of Private Regulation and Enforcement in the EU: Lessons Learnt\nIndex