Europe S Passive Virtues

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Europe's Passive Virtues

JAN. ZGLINSKI,Jan Zglinski
Europe s Passive Virtues Book PDF

Author : JAN. ZGLINSKI,Jan Zglinski
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 55,8 Mb
Release : 2020-06-04
Category : Law
ISBN : 9780198844792

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Europe's Passive Virtues by JAN. ZGLINSKI,Jan Zglinski Pdf

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

The Practical Role of The EU’s Values in Diplomacy with China

Max Roger Taylor
The Practical Role of The EU s Values in Diplomacy with China Book PDF

Author : Max Roger Taylor
Publisher : Taylor & Francis
Page : 184 pages
File Size : 45,9 Mb
Release : 2023-11-10
Category : Political Science
ISBN : 9781000996241

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The Practical Role of The EU’s Values in Diplomacy with China by Max Roger Taylor Pdf

Delivering a ground-breaking analysis of the EU’s diplomatic meetings (or dialogues) with China, this book reveals how the EU’s values rarely feature in exchanges, due to ingrained cultures of complacency and self-censorship amongst EU officials. Based on extensive interviews, and focusing on individual perceptions and practices, the book also highlights how intercultural misunderstanding and unreflective beliefs contribute to this troubling status quo with serious implications. Furthermore, these dynamics run contrary to the Lisbon Treaty (2009) – where the EU states that its values inform its external relations – threatening the rules-based order that upholds the universal values and international norms the EU shares. At a time of flux in EU-China relations and geopolitical instability, this book’s timely insights will be of great interest and value to scholars and practitioners alike. This book will be of key interest to scholars and students of European (Union) foreign policy and diplomacy, EU-China relations, Chinese foreign policy, human rights diplomacy, sustainable development, trade policy and more broadly in European and Asian Studies, and International Relations.

Judicial Authority in EU Internal Market Law

Vilija Velyvyte
Judicial Authority in EU Internal Market Law Book PDF

Author : Vilija Velyvyte
Publisher : Bloomsbury Publishing
Page : 309 pages
File Size : 44,6 Mb
Release : 2022-11-17
Category : Law
ISBN : 9781509939008

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Judicial Authority in EU Internal Market Law by Vilija Velyvyte Pdf

This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023

EU Values Before the Court of Justice

Luke Dimitrios Spieker
EU Values Before the Court of Justice Book PDF

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
Page : 385 pages
File Size : 54,6 Mb
Release : 2023-06-18
Category : Law
ISBN : 9780198876731

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EU Values Before the Court of Justice by Luke Dimitrios Spieker Pdf

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

Delivering Justice

Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess
Delivering Justice Book PDF

Author : Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess
Publisher : Bloomsbury Publishing
Page : 341 pages
File Size : 41,9 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509961559

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Delivering Justice by Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess Pdf

In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.

Landmark Cases in Consumer Law

Jodi Gardner,Iain Ramsay
Landmark Cases in Consumer Law Book PDF

Author : Jodi Gardner,Iain Ramsay
Publisher : Bloomsbury Publishing
Page : 445 pages
File Size : 47,9 Mb
Release : 2024-01-11
Category : Law
ISBN : 9781509952311

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Landmark Cases in Consumer Law by Jodi Gardner,Iain Ramsay Pdf

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However – as this collection will demonstrate – this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.

The Institutions of the European Union

Dermot Hodson,Uwe Puetter,John Peterson,Sabine Saurugger
The Institutions of the European Union Book PDF

Author : Dermot Hodson,Uwe Puetter,John Peterson,Sabine Saurugger
Publisher : Oxford University Press
Page : 505 pages
File Size : 49,6 Mb
Release : 2022
Category : European Union countries
ISBN : 9780198862222

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The Institutions of the European Union by Dermot Hodson,Uwe Puetter,John Peterson,Sabine Saurugger Pdf

In a time of disruption and rapid change, the European Union's institutions have endured. In The Institutions of the European Union, a team of expert contributors and editors explain everything you need to know about the functions, powers, and composition of these important organizations as they contend with the changing dynamics of European integration. It is the most comprehensive guide to understanding how the institutions of the EU provide political direction, govern policies, and integrate contrasting interests within the EU. New to this Edition: Fully updated to cover the institutional changes prompted by Brexit, Covid-19, and many other issues facing the EU. A new introductory chapter presents the idea of EU institutional politics and explores its different dimensions. Explores the urgent challenges of creating more diverse and inclusive EU institutions. New discussion questions help you reflect critically and engage with the content to take your learning further. Professor Uwe Puetter of Europa-Universität Flensburg, and Sabine Saurugger of Science Po Grenoble-UGA, join Dermot Hodson as editors. Book jacket.

Revisiting Judicial Politics in the European Union

Mark Dawson,Bruno de Witte,Elise Muir
Revisiting Judicial Politics in the European Union Book PDF

Author : Mark Dawson,Bruno de Witte,Elise Muir
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 46,7 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035313518

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Revisiting Judicial Politics in the European Union by Mark Dawson,Bruno de Witte,Elise Muir Pdf

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Judicial Independence: Cornerstone of Democracy

Shimon Shetreet,Hiram Chodosh
Judicial Independence Cornerstone of Democracy Book PDF

Author : Shimon Shetreet,Hiram Chodosh
Publisher : BRILL
Page : 633 pages
File Size : 45,7 Mb
Release : 2024-03-28
Category : Law
ISBN : 9789004535091

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Judicial Independence: Cornerstone of Democracy by Shimon Shetreet,Hiram Chodosh Pdf

This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.

Contemporary European Perspectives on the Ethics of End of Life Care

Nathan Emmerich,Pierre Mallia,Bert Gordijn,Francesca Pistoia
Contemporary European Perspectives on the Ethics of End of Life Care Book PDF

Author : Nathan Emmerich,Pierre Mallia,Bert Gordijn,Francesca Pistoia
Publisher : Springer Nature
Page : 393 pages
File Size : 41,6 Mb
Release : 2020-05-12
Category : Philosophy
ISBN : 9783030400330

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Contemporary European Perspectives on the Ethics of End of Life Care by Nathan Emmerich,Pierre Mallia,Bert Gordijn,Francesca Pistoia Pdf

This book examines the ethics of end of life care, focusing on the kinds of decisions that are commonly made in clinical practice. Specific attention is paid to the intensification of treatment for terminal symptoms, particularly pain relief, and the withdrawal and withholding of care, particularly life-saving or life-prolonging medical care. The book is structured into three sections. The first section contains essays examining end of life care from the perspective of moral theory and theology. The second sets out various conceptual terms and distinctions relevant to decision-making at the end of life. The third section contains chapters that focus on substantive ethical issues. This format not only provides for a comprehensive analysis of the ethical issues that arise in the context of end of life care but allows readers to effectively trace the philosophical, theological and conceptual underpinnings that inform their specific interests. This work will be of interest to scholars working in the area as well as clinicians, specialists and healthcare professionals who encounter these issues in the course of their practice.

Standing to Enforce European Union Law before National Courts

Hilde K Ellingsen
Standing to Enforce European Union Law before National Courts Book PDF

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 45,5 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509937158

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Standing to Enforce European Union Law before National Courts by Hilde K Ellingsen Pdf

Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

The Transformation of Consumer Law and Policy in Europe

Hans-W Micklitz,Christian Twigg-Flesner
The Transformation of Consumer Law and Policy in Europe Book PDF

Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 43,8 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963034

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The Transformation of Consumer Law and Policy in Europe by Hans-W Micklitz,Christian Twigg-Flesner Pdf

This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.

The Politics of Justice in European Private Law

Hans-W Micklitz
The Politics of Justice in European Private Law Book PDF

Author : Hans-W Micklitz
Publisher : Cambridge University Press
Page : 489 pages
File Size : 50,7 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127

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The Politics of Justice in European Private Law by Hans-W Micklitz Pdf

Compares national concepts of social justice with the developing European concept of access justice.

The European Banking Union and Constitution

Stefan Grundmann,Hans-W Micklitz
The European Banking Union and Constitution Book PDF

Author : Stefan Grundmann,Hans-W Micklitz
Publisher : Bloomsbury Publishing
Page : 393 pages
File Size : 46,6 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781509907564

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The European Banking Union and Constitution by Stefan Grundmann,Hans-W Micklitz Pdf

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

International Law of Human Rights

MichaelK. Addo
International Law of Human Rights Book PDF

Author : MichaelK. Addo
Publisher : Routledge
Page : 733 pages
File Size : 44,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562263

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International Law of Human Rights by MichaelK. Addo Pdf

International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.