Between Compliance And Particularism

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Between Compliance and Particularism

Author : Marton Varju
Publisher : Unknown
Page : 338 pages
File Size : 49,7 Mb
Release : 2019
Category : European Economic Community lite
ISBN : 3030057836

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Between Compliance and Particularism by Marton Varju Pdf

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Between Compliance and Particularism

Author : Marton Varju
Publisher : Springer
Page : 347 pages
File Size : 45,5 Mb
Release : 2019-02-08
Category : Law
ISBN : 9783030057824

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Between Compliance and Particularism by Marton Varju Pdf

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

The Evolving Governance of EU Competition Law in a Time of Disruptions

Author : Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 51,7 Mb
Release : 2024-02-08
Category : Law
ISBN : 9781509951802

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The Evolving Governance of EU Competition Law in a Time of Disruptions by Carlo Maria Colombo,Kathryn Wright,Mariolina Eliantonio Pdf

This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Population and Politics

Author : John Gerring,Wouter Veenendaal
Publisher : Cambridge University Press
Page : 511 pages
File Size : 44,8 Mb
Release : 2020-05-28
Category : Language Arts & Disciplines
ISBN : 9781108494137

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Population and Politics by John Gerring,Wouter Veenendaal Pdf

Analyzes scale effects across a range of political dimensions, encompassing different political levels using a multi-method approach.

Experimentalist Competition Law and the Regulation of Markets

Author : Yane Svetiev
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 55,5 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509910663

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Experimentalist Competition Law and the Regulation of Markets by Yane Svetiev Pdf

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

Environmental Liability and the Interplay between EU Law and International Law

Author : Emanuela Orlando
Publisher : Routledge
Page : 253 pages
File Size : 44,9 Mb
Release : 2023-07-24
Category : Law
ISBN : 9781317385967

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Environmental Liability and the Interplay between EU Law and International Law by Emanuela Orlando Pdf

The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

The EU Treaties and the Charter of Fundamental Rights

Author : Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin
Publisher : Oxford University Press
Page : 2463 pages
File Size : 54,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9780192513403

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The EU Treaties and the Charter of Fundamental Rights by Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin Pdf

Companion website: www.oup.com/klamert This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects. Commentary on the EU Treaties and the Charter of Fundamental Rights: Digital Pack includes a digital app with enhanced user functionalities that ensures that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone

The EU and its Member States’ Joint Participation in International Agreements

Author : Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 55,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509945887

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The EU and its Member States’ Joint Participation in International Agreements by Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel Pdf

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

Member State Interests and European Union Law

Author : Marton Varju
Publisher : Routledge
Page : 251 pages
File Size : 50,7 Mb
Release : 2019-11-20
Category : Law
ISBN : 9780429664199

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Member State Interests and European Union Law by Marton Varju Pdf

This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Brexit and Agriculture

Author : Ludivine Petetin,Mary Dobbs
Publisher : Routledge
Page : 182 pages
File Size : 46,5 Mb
Release : 2022-01-31
Category : Law
ISBN : 9780429994722

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Brexit and Agriculture by Ludivine Petetin,Mary Dobbs Pdf

Acknowledging the challenges and opportunities raised by Brexit for the agrifood supply chain and agricultural policies across the UK, this book provides the first in-depth analysis of agricultural policy developments across the UK’s four nations rooted in strong theoretical and practical underpinnings. Arguing that the four nations could be more ambitious in departing from the Common Agricultural Policy and extending beyond the ‘public money for public goods’ approach adopted across the UK, it critiques the core attributes of their policies with focuses including the debate over outcome-based schemes, governance mechanisms, impacts on farm diversity and path dependency on the Common Agricultural Policy and English approaches. It promotes a ‘resilient agriculture’ paradigm and utilises social-ecological services, net zero, agroecology and agri-food democracy as the main pathways to achieve this. In doing so, it scrutinises the evolving contextual, political and legal landscape within which devolved and UK agricultural policies are developing from a multilevel governance perspective, examining the implications of WTO law for the UK and its devolved administrations to determine environmental, food and animal welfare standards under the GATT, the SPS and TBT Agreements and financial support schemes under the Agreement on Agriculture. The book assesses the significance of the Northern Ireland Protocol, the Trade and Cooperation Agreement with the EU and other free trade agreements for standards across the UK and access to markets. From a domestic perspective, challenges to devolution and the stability of the Union are highlighted. Elements of unilateral recentralisation are visible via financing mechanisms, the UK Internal Market Act and the Agriculture Act. The book’s interdisciplinary nature makes it of interest to lawyers, political scientists, economists, human geographers and scientists, as well as policymakers, agricultural communities, civil society organisations and think tanks in the devolved administrations, the UK, the EU and beyond.

Contracting and Contract Law in the Age of Artificial Intelligence

Author : Martin Ebers,Cristina Poncibò,Mimi Zou
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 47,7 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509950690

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Contracting and Contract Law in the Age of Artificial Intelligence by Martin Ebers,Cristina Poncibò,Mimi Zou Pdf

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

The Routledge Handbook on the International Dimension of Brexit

Author : Juan Santos Vara,Ramses A. Wessel
Publisher : Routledge
Page : 356 pages
File Size : 40,6 Mb
Release : 2020-10-29
Category : Political Science
ISBN : 9781000214345

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The Routledge Handbook on the International Dimension of Brexit by Juan Santos Vara,Ramses A. Wessel Pdf

This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU–UK relations within the context of both EU and international law. Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit. The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British Politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.

The Euro Crisis and Constitutional Pluralism

Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 40,9 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800371590

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The Euro Crisis and Constitutional Pluralism by Tomi Tuominen Pdf

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.

The Political Economy of Maritime Safety

Author : Ketil Djønne
Publisher : Springer Nature
Page : 247 pages
File Size : 40,9 Mb
Release : 2023-09-26
Category : Business & Economics
ISBN : 9783031389450

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The Political Economy of Maritime Safety by Ketil Djønne Pdf

This book offers unique insight into the public and private governance of international shipping from the 1970s through to the 2010s. Focusing on the part played by maritime classification societies, it highlights the role played by the European Union during this time and its influence in creating transnational maritime regulations. The emergence of the Treaty of Rome and the European Parliament in enabling market liberalisation within the shipping industry on the one hand and more stringent maritime safety regulation on the other is examined, alongside the common transport policy and enforcement of international maritime rules. Particularly attention is given to the growth of the European Union’s maritime presence, the establishment of the European Maritime Safety Agency, developments in flag state implementation, and relations between the International Maritime Organization and the European Union. This book presents a detailed guide to the European Union’s role as a maritime safety regulator and the impact this has had on the shipping industry and its governance structure. It will be relevant to researchers and policymakers interested in maritime and transport economics as well as to students of European affairs and of international relations.

Law, Regulation and Governance in the Information Society

Author : Maurizio Borghi,Roger Brownsword
Publisher : Taylor & Francis
Page : 370 pages
File Size : 42,9 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000830354

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Law, Regulation and Governance in the Information Society by Maurizio Borghi,Roger Brownsword Pdf

This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. This book addresses these interests, considering them as relating primarily to the integrity of the informational ecosystem, to the accessibility, accuracy, and authenticity of public information, and to our individual ability to control the outward and inward flows of information that relates directly to ourselves. Covering a wide range of subjects, the book’s interrogation of our contemporary information society is oriented around two questions: first, whether the information society in which we live is the kind of society that we think it should be and, second, if not, what we can reasonably expect law, regulation, and governance to do in providing the basis for improving it. This book will be of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.