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Author : Loïc Azoulai,Ségolène Barbou des Places,Etienne Pataut
Publisher : Hart Publishing Plc
Page : 128 pages
File Size : 46,9 Mb
Release : 2016
Category : Citizenship
ISBN : 1782259368
Author : Andrea Biondi,Eglė Dagilytė,Esin Küçük
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 55,9 Mb
Release : 2018
Category : Electronic
ISBN : 9781783477784
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Author : Loïc Azoulai,Ségolène Barbou des Places,Etienne Pataut
Publisher : Bloomsbury Publishing
Page : 339 pages
File Size : 53,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781782259350
The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 43,6 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author : N. MacCormick
Publisher : Springer Science & Business Media
Page : 148 pages
File Size : 50,7 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711524
Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
Author : Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 47,9 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781509930869
This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
Author : Loïc Azoulai,Ségolène Barbou des Places,Etienne Pataut
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 53,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781782259343
The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Author : Anonim
Publisher : Unknown
Page : 352 pages
File Size : 46,6 Mb
Release : 2024-05-23
Category : Electronic books
ISBN : 1509930876
"Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by Jos ̌Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted."--
Author : Alec Stone Sweet
Publisher : Oxford University Press
Page : 294 pages
File Size : 43,6 Mb
Release : 2004-09-09
Category : Political Science
ISBN : 9780199275526
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutionalchange in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolutionof supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking andgovernance; and why national administration and justice have been steadily 'Europeanized'.Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Author : Joana Mendes
Publisher : OUP Oxford
Page : 544 pages
File Size : 54,9 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191616693
The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between the citizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation. Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, in particular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation. Joanna Mendes' 2009 thesis upon which Participation in EU Rule-Making is based was awarded the the European University Institute (Florence) Mauro Cappelletti Prize for the best doctoral thesis using a methodology of comparative law
Author : Niamh Nic Shuibhne
Publisher : Oxford University Press
Page : 225 pages
File Size : 48,9 Mb
Release : 2023-08-06
Category : Law
ISBN : 9780198886297
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Author : J. M. Smits
Publisher : Intersentia nv
Page : 322 pages
File Size : 54,6 Mb
Release : 2002
Category : Civil law
ISBN : 9789050951913
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Author : Adam Lazowski
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 55,8 Mb
Release : 2010
Category : Law
ISBN : 9067044296
The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.
Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 44,7 Mb
Release : 2016-09-23
Category : Law
ISBN : 9781443899956
The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.
Author : Walter Mattli,Anne-Marie Slaughter
Publisher : Unknown
Page : 64 pages
File Size : 53,6 Mb
Release : 1996
Category : Courts
ISBN : STANFORD:36105071973569