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Author : G. de Burca,J. Scott
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:800457708
Author : Gráinne de Búrca,Joanne Scott
Publisher : Hart Publishing
Page : 400 pages
File Size : 41,9 Mb
Release : 2000-06
Category : Law
ISBN : 9781841131030
This book addresses the changing constitutional framework of the EU and the changing patterns of governance within this complex polity.
Author : Christopher Townley
Publisher : Bloomsbury Publishing
Page : 584 pages
File Size : 46,7 Mb
Release : 2018-11-29
Category : Law
ISBN : 9781509916450
This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all practitioners and academics interested in EU competition law, as well as the related fields of political science and economics.
Author : Marton Varju
Publisher : Routledge
Page : 251 pages
File Size : 46,8 Mb
Release : 2019-11-20
Category : Law
ISBN : 9780429664199
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.
Author : Alexander H.E. Morawa
Publisher : Routledge
Page : 296 pages
File Size : 53,7 Mb
Release : 2016-12-14
Category : Law
ISBN : 9781317161707
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Author : Jurgen de Poorter,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser,Ingrid Leijten,Charlotte van Oirsouw
Publisher : Springer Nature
Page : 236 pages
File Size : 50,8 Mb
Release : 2023-07-25
Category : Law
ISBN : 9789462655959
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.
Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 43,5 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509912513
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Author : Christine Bakker,Francesco Francioni
Publisher : Routledge
Page : 310 pages
File Size : 44,9 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317033400
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
Page : 377 pages
File Size : 42,7 Mb
Release : 2020-11-05
Category : Business & Economics
ISBN : 9781108499729
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
Author : Bellamy, Richard,Kröger, Sandra,Marta Lorimer
Publisher : Policy Press
Page : 200 pages
File Size : 51,6 Mb
Release : 2022-01-25
Category : Political Science
ISBN : 9781529219920
Clear, balanced and accessible, this book explores the alternative of a flexible European Union (EU) based on differentiated rather than uniform integration. They examine the circumstances and institutional design needed for flexibility to promote rather than undermine fairness and democracy within and between member states.
Author : Matej Avbelj,Jan Komárek
Publisher : Bloomsbury Publishing
Page : 306 pages
File Size : 46,8 Mb
Release : 2012-02-29
Category : Law
ISBN : 9781847318923
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Author : Bruno De Witte,Andrea Ott,Ellen Vos
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 48,7 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781783475896
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.
Author : Caroline Heber
Publisher : Oxford University Press
Page : 545 pages
File Size : 45,6 Mb
Release : 2021-06-17
Category : Law
ISBN : 9780192653338
The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
Author : Jeremy John Richardson
Publisher : Psychology Press
Page : 432 pages
File Size : 42,8 Mb
Release : 2006
Category : European Union
ISBN : 0415358132
Richardson introduces the policy-making processes at work in the EU. This edition has been significantly improved to make it even more accessible for second and third year undergraduates. A website will also support this edition, featuring some of the more technical material such as statistics.
Author : Jeremy Richardson
Publisher : Routledge
Page : 432 pages
File Size : 42,9 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 9781134245949
This best-selling book delivers a comprehensive introduction to the policy-making processes at work in the European Union. Written by some of the leading authorities in the field, this new edition has been significantly improved to make it even more accessible for second and third year undergraduates. Addressing some of the more contentious areas in order to stimulate students interest, this book also continues to cover the vital elements of EU courses including: theory history institutions policy relations with member states external relations enlargement. A companion website also supports this edition, with a clear guide to more technical material such as statistics, as well as regular updates. This volume is essential reading for all students of politics and the European Union.