The Term ‘Security’ in Legal Sciences – Selected Aspects

The Term ‘Security’ in Legal Sciences – Selected Aspects von Arnold,  Rainer, Gawlowicz,  Izabela, Osiejewicz,  Joanna
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.
Updated: 2018-07-04
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Rule of Law, Human Rights and Judicial Control of Power

Rule of Law, Human Rights and Judicial Control of Power von Arnold,  Rainer, Martínez-Estay,  José Ignacio
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Updated: 2018-05-30
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Hominum Causa Omne Ius Constitutum – In Honour of Boguslaw Banaszak

Hominum Causa Omne Ius Constitutum – In Honour of Boguslaw Banaszak von Arnold,  Rainer
Hominum Causa Omne Ius Constitutum – Law has been created for the sake of Men. This insight is the conceptual basis of the work of Boguslaw Banaszak, an internationally renowned Polish and European lawyer. Dean of the newly founded Faculty of Law and Administration of the University of Zielona Góra, constitutionalist of high rank who combines science and practice: his outstanding oeuvre is inspired by his experience in high national and international functions as a member of the Polish Legislative Council and of the Venice Commission of the Council of Europe. In turn, his academic excellence enriches his service to the public community.
Updated: 2018-07-18
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Limitations of National Sovereignty through European Integration

Limitations of National Sovereignty through European Integration von Arnold,  Rainer
The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Updated: 2018-05-30
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International Business Law

International Business Law von Arnold,  Rainer, Faix,  Werner G., Feldbaum,  Eva, Kisgen,  Stefanie
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.
Updated: 2018-07-13
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The Convergence of the Fundamental Rights Protection in Europe

The Convergence of the Fundamental Rights Protection in Europe von Arnold,  Rainer
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey. 
Updated: 2018-05-30
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