Europeanisation Of Public Law

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Europeanisation of Public Law

Jacobine Elisabeth Brink
Europeanisation of Public Law Book PDF

Author : Jacobine Elisabeth Brink
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2015
Category : Administrative law
ISBN : 9089521275

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Europeanisation of Public Law by Jacobine Elisabeth Brink Pdf

The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]

The Europeanisation of Administrative Law

Karl-Heinz Ladeur
The Europeanisation of Administrative Law Book PDF

Author : Karl-Heinz Ladeur
Publisher : Ashgate Publishing
Page : 182 pages
File Size : 44,7 Mb
Release : 2002
Category : Law
ISBN : UOM:39015054446417

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The Europeanisation of Administrative Law by Karl-Heinz Ladeur Pdf

This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.

Europeanisation of Administrative Justice?

Mariolina Eliantonio
Europeanisation of Administrative Justice Book PDF

Author : Mariolina Eliantonio
Publisher : ISBS
Page : 440 pages
File Size : 46,9 Mb
Release : 2009
Category : Law
ISBN : 9076871973

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Europeanisation of Administrative Justice? by Mariolina Eliantonio Pdf

Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.

The Europeanisation of Law

Francis G. Snyder
The Europeanisation of Law Book PDF

Author : Francis G. Snyder
Publisher : Hart Publishing
Page : 370 pages
File Size : 48,8 Mb
Release : 2000-09-25
Category : Law
ISBN : 9781841130255

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The Europeanisation of Law by Francis G. Snyder Pdf

Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.

The Foundations and Future of Public Law

Elizabeth Fisher,Jeff King,Alison Young
The Foundations and Future of Public Law Book PDF

Author : Elizabeth Fisher,Jeff King,Alison Young
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 46,9 Mb
Release : 2020-03-26
Category : Law
ISBN : 9780198845249

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The Foundations and Future of Public Law by Elizabeth Fisher,Jeff King,Alison Young Pdf

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

The Europeanisation of International Law

Jan Wouters,André Nollkaemper,Erika de Wet
The Europeanisation of International Law Book PDF

Author : Jan Wouters,André Nollkaemper,Erika de Wet
Publisher : T.M.C. Asser Press
Page : 260 pages
File Size : 54,5 Mb
Release : 2008-10-02
Category : Law
ISBN : 9067042854

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The Europeanisation of International Law by Jan Wouters,André Nollkaemper,Erika de Wet Pdf

International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.

The Europeanisation of International Law

Jan Wouters,André Nollkaemper,Erika de Wet
The Europeanisation of International Law Book PDF

Author : Jan Wouters,André Nollkaemper,Erika de Wet
Publisher : T.M.C. Asser Press
Page : 260 pages
File Size : 51,6 Mb
Release : 2011-08-27
Category : Law
ISBN : 906704640X

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The Europeanisation of International Law by Jan Wouters,André Nollkaemper,Erika de Wet Pdf

International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.

Towards a European Public Law

Bernard Stirn
Towards a European Public Law Book PDF

Author : Bernard Stirn
Publisher : Oxford University Press
Page : 200 pages
File Size : 48,7 Mb
Release : 2017-04-14
Category : Law
ISBN : 9780192506610

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Towards a European Public Law by Bernard Stirn Pdf

A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

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.

Public Administration in Germany

Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Public Administration in Germany Book PDF

Author : Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Publisher : Springer Nature
Page : 415 pages
File Size : 48,6 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9783030536978

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Public Administration in Germany by Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow Pdf

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

European Public Law

Patrick Birkinshaw
European Public Law Book PDF

Author : Patrick Birkinshaw
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2014
Category : International and municipal law
ISBN : 9041147446

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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 and United Kingdom Public Law. These influences must be fully understood by students, academics and practitioners if they are to understand our public law and its future direction. To fail to appreciate the European context in which our domestic law is developing is to fail to comprehend our public law. This completely revised book, which was first published in 2003, examines the debate surrounding the influence of European Union and European Convention law, as well as the influence of national laws on the public law of the United Kingdom in a thematic and analytical manner. The book examines what influence the common law has extended on other European legal systems. The book seeks to unravel the mutual influence brought about by closer legal integration within the European experience at supra-national, national and sub-national levels. This book will prove to be an invaluable guide to the ever developing European context of our domestic public law. This new edition comes at a time of growing political disenchantment with European integration, at a time when the Union is growing in size and diversity and at a time when failure in consensus has led to non-Union measures for member states. Nonetheless, Europe has profoundly influenced our national legal development and that development must be understood. Patrick Birkinshaw is a Professor of Public Law and the Director of the Institute of European Public Law at the University of Hull. Since 1994 he has been Editor in Chief of the journal European Public Law (published by Kluwer Law International). He has been a contributor and adviser to various House of Commons and House of Lords Select Committees on European and domestic legal subjects. He is the author most recently of Freedom of Information: the Law, the Practice and the Ideal (4th edition (2010)), Government and Information: The Law Relating to Access, Disclosure and their Regulation (4th edition (2011) with Mike Varney) and The European Union Legal Order after Lisbon ((2010) edited with Mike Varney).

European Union Public Law

Damian Chalmers,Adam Tomkins
European Union Public Law Book PDF

Author : Damian Chalmers,Adam Tomkins
Publisher : Cambridge University Press
Page : 562 pages
File Size : 41,9 Mb
Release : 2007-08-16
Category : Law
ISBN : 0521882370

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European Union Public Law by Damian Chalmers,Adam Tomkins Pdf

Since its publication in 2006, European Union Law has quickly established itself as one of the leading textbooks in the field, providing the student with both a comprehensive text and collection of materials. European Union Public Law brings together those sections of the title which look at the constitutional and institutional law of the EU, making it ideal for students undertaking a more focused study of the Union. Its proven successful combination of a highly accessible style, a 'law in context' approach which looks at the law in its wider political and social context and collection of interdisciplinary materials make this an essential text for those students concerned with the institutional and political workings of the Union. European public law students, European studies students and politics students will find this text invaluable, at both undergraduate and postgraduate level.

The Transformation of Administrative Law in Europe

Matthias Ruffert
The Transformation of Administrative Law in Europe Book PDF

Author : Matthias Ruffert
Publisher : sellier. european law publ.
Page : 335 pages
File Size : 40,9 Mb
Release : 2007
Category : Administrative law
ISBN : 9783935808910

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The Transformation of Administrative Law in Europe by Matthias Ruffert Pdf

"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

EU Administrative Governance

Herwig C.H. Hofmann,Alexander H. Türk
EU Administrative Governance Book PDF

Author : Herwig C.H. Hofmann,Alexander H. Türk
Publisher : Edward Elgar Publishing
Page : 635 pages
File Size : 52,7 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9781845429966

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EU Administrative Governance by Herwig C.H. Hofmann,Alexander H. Türk Pdf

This book is a unique contribution to the understanding of the reality of government and governance in the European Union.

Services of General Economic Interest as a Constitutional Concept of EU Law

Caroline Wehlander
Services of General Economic Interest as a Constitutional Concept of EU Law Book PDF

Author : Caroline Wehlander
Publisher : Springer
Page : 374 pages
File Size : 47,6 Mb
Release : 2016-06-23
Category : Law
ISBN : 9789462651173

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Services of General Economic Interest as a Constitutional Concept of EU Law by Caroline Wehlander Pdf

This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.