Convergence And Divergence In European Public Law

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Convergence and Divergence in European Public Law

Paul Beaumont,Carole Lyons,Neil Walker
Convergence and Divergence in European Public Law Book PDF

Author : Paul Beaumont,Carole Lyons,Neil Walker
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 40,6 Mb
Release : 2002-06-07
Category : Law
ISBN : 9781847310149

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Convergence and Divergence in European Public Law by Paul Beaumont,Carole Lyons,Neil Walker Pdf

This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

Convergence and Divergence in European Public Law

Paul Beaumont,Carole Lyons,Neil Walker
Convergence and Divergence in European Public Law Book PDF

Author : Paul Beaumont,Carole Lyons,Neil Walker
Publisher : Hart Publishing
Page : 289 pages
File Size : 49,8 Mb
Release : 2002-06-07
Category : Law
ISBN : 9781841132112

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Convergence and Divergence in European Public Law by Paul Beaumont,Carole Lyons,Neil Walker Pdf

This book examines the extent to which the EU has brought about and should bring about convergence of law in Europe.

European Public Law

Patrick Birkinshaw
European Public Law Book PDF

Author : Patrick Birkinshaw
Publisher : Cambridge University Press
Page : 700 pages
File Size : 54,7 Mb
Release : 2003-02
Category : Law
ISBN : 0406942889

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European Public Law by Patrick Birkinshaw Pdf

European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.

Common Law and Civil Law Today - Convergence and Divergence

Marko Novakovic
Common Law and Civil Law Today Convergence and Divergence Book PDF

Author : Marko Novakovic
Publisher : Vernon Press
Page : 502 pages
File Size : 44,5 Mb
Release : 2019-05-09
Category : Law
ISBN : 9781622738076

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Common Law and Civil Law Today - Convergence and Divergence by Marko Novakovic Pdf

Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

The Coherence of EU Law

Sacha Prechal,Bert van Roermund,G. van Roermund
The Coherence of EU Law Book PDF

Author : Sacha Prechal,Bert van Roermund,G. van Roermund
Publisher : Oxford Studies in European Law
Page : 574 pages
File Size : 53,5 Mb
Release : 2008
Category : Law
ISBN : 9780199232468

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The Coherence of EU Law by Sacha Prechal,Bert van Roermund,G. van Roermund Pdf

This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.

European Public Law

Patrick J. Birkinshaw
European Public Law Book PDF

Author : Patrick J. Birkinshaw
Publisher : Kluwer Law International B.V.
Page : 616 pages
File Size : 51,9 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789041198013

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European Public Law by Patrick J. Birkinshaw Pdf

The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.

Public Liability in EU Law

Pekka Aalto
Public Liability in EU Law Book PDF

Author : Pekka Aalto
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 54,7 Mb
Release : 2011-11-01
Category : Law
ISBN : 9781847318459

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Public Liability in EU Law by Pekka Aalto Pdf

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Sabino Cassese,Armin von Bogdandy,Peter Huber
The Max Planck Handbooks in European Public Law Volume I The Administrative State Book PDF

Author : Sabino Cassese,Armin von Bogdandy,Peter Huber
Publisher : Oxford University Press
Page : 900 pages
File Size : 46,6 Mb
Release : 2017-07-25
Category : Reference
ISBN : 9780191039829

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The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by Sabino Cassese,Armin von Bogdandy,Peter Huber Pdf

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

The Coherence of EU Law

Sacha Prechal,Bert van Roermund
The Coherence of EU Law Book PDF

Author : Sacha Prechal,Bert van Roermund
Publisher : OUP Oxford
Page : 580 pages
File Size : 40,6 Mb
Release : 2008-01-24
Category : Law
ISBN : 9780191552533

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The Coherence of EU Law by Sacha Prechal,Bert van Roermund Pdf

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.

Theory and Practice of Harmonisation

Mads Andenas,Camilla Baasch Andersen
Theory and Practice of Harmonisation Book PDF

Author : Mads Andenas,Camilla Baasch Andersen
Publisher : Edward Elgar Publishing
Page : 641 pages
File Size : 41,8 Mb
Release : 2012
Category : Law
ISBN : 9780857933171

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Theory and Practice of Harmonisation by Mads Andenas,Camilla Baasch Andersen Pdf

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

The Impact of European Rights on National Legal Cultures

Miriam Aziz
The Impact of European Rights on National Legal Cultures Book PDF

Author : Miriam Aziz
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 44,5 Mb
Release : 2004-07-01
Category : Law
ISBN : 9781847310095

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The Impact of European Rights on National Legal Cultures by Miriam Aziz Pdf

This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.

Reviewing European Union Accession

Tom Hashimoto,Michael Rhimes
Reviewing European Union Accession Book PDF

Author : Tom Hashimoto,Michael Rhimes
Publisher : Martinus Nijhoff Publishers
Page : 348 pages
File Size : 48,8 Mb
Release : 2017-09-25
Category : Law
ISBN : 9789004352070

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Reviewing European Union Accession by Tom Hashimoto,Michael Rhimes Pdf

Today, we celebrate the decade-long European integration in CEE, even though the ‘Brexit’ is knocking our door. What have we achieved? How is the acquis communautaire reflected on to the actual integration process(es)? Reviewing European Union Accession simulates the vast wave of EU enlargement experienced by the New Member States.

New Directions in European Public Law

Jack Beatson,Takis Tridimas
New Directions in European Public Law Book PDF

Author : Jack Beatson,Takis Tridimas
Publisher : Hart Publishing
Page : 215 pages
File Size : 53,7 Mb
Release : 1998
Category : Law
ISBN : 9781901362244

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New Directions in European Public Law by Jack Beatson,Takis Tridimas Pdf

From two symposia in the winter and spring of 1997 at Cambridge, England, 13 essays analyze a cluster of issues arising in the European Union public law arena. Some deal with issues of liability and the availability of remedies in European and domestic law. Others take a broader view, looking at the phenomenon of cross-fertilization among national legal systems and between national systems and European Union law. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union

Heli Askola
Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union Book PDF

Author : Heli Askola
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 40,9 Mb
Release : 2007-03-01
Category : Law
ISBN : 9781847313522

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Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union by Heli Askola Pdf

The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

Debating Legal Pluralism and Constitutionalism

Guillaume Tusseau
Debating Legal Pluralism and Constitutionalism Book PDF

Author : Guillaume Tusseau
Publisher : Springer Nature
Page : 343 pages
File Size : 53,8 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030344320

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Debating Legal Pluralism and Constitutionalism by Guillaume Tusseau Pdf

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.