Law And Values In The European Union

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Law and Integration in the European Union

Stephen Weatherill
Law and Integration in the European Union Book PDF

Author : Stephen Weatherill
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 55,9 Mb
Release : 1995
Category : Europe
ISBN : UOM:39015034541741

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Law and Integration in the European Union by Stephen Weatherill Pdf

In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.

Law and Values in the European Union

Stephen Weatherill
Law and Values in the European Union Book PDF

Author : Stephen Weatherill
Publisher : Oxford University Press
Page : 340 pages
File Size : 48,8 Mb
Release : 2016-05-19
Category : Law
ISBN : 9780191058813

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Law and Values in the European Union by Stephen Weatherill Pdf

How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

The Enforcement of EU Law and Values

András Jakab,Dimitry Kochenov
The Enforcement of EU Law and Values Book PDF

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 46,5 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510

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The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Law and Integration in the European Union

Stephen Weatherill
Law and Integration in the European Union Book PDF

Author : Stephen Weatherill
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 51,9 Mb
Release : 1995
Category : Europe
ISBN : NWU:35556026900019

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Law and Integration in the European Union by Stephen Weatherill Pdf

In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.

The ABC of European Union Law

Klaus-Dieter Borchardt
The ABC of European Union Law Book PDF

Author : Klaus-Dieter Borchardt
Publisher : Office for Official Publications of the European Communities
Page : 140 pages
File Size : 55,9 Mb
Release : 2010
Category : Avrupa Birliği ülkeleri- Hukuk ve mevzuat
ISBN : UCSD:31822036558195

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The ABC of European Union Law by Klaus-Dieter Borchardt Pdf

Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

The Ethos of Europe

Andrew J. Williams
The Ethos of Europe Book PDF

Author : Andrew J. Williams
Publisher : Unknown
Page : 358 pages
File Size : 43,7 Mb
Release : 2010
Category : Law
ISBN : 0511749589

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The Ethos of Europe by Andrew J. Williams Pdf

Andrew Williams analyses the role of values in the European Union and suggests how to make the EU more just.

Constructing Legal Systems: "European Union" in Legal Theory

N. MacCormick
Constructing Legal Systems European Union in Legal Theory Book PDF

Author : N. MacCormick
Publisher : Springer Science & Business Media
Page : 148 pages
File Size : 41,8 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711524

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Constructing Legal Systems: "European Union" in Legal Theory by N. MacCormick Pdf

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.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 52,9 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The Rule of Law in the European Union

Theodore Konstadinides
The Rule of Law in the European Union Book PDF

Author : Theodore Konstadinides
Publisher : Bloomsbury Publishing
Page : 268 pages
File Size : 55,7 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509916542

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The Rule of Law in the European Union by Theodore Konstadinides Pdf

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The European Union and Human Rights

Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
The European Union and Human Rights Book PDF

Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 55,6 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543936

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez Pdf

With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.

Liability of Member States for the Violation of Fundamental Values of the European Union

Armin Hatje,Lubos Tichý
Liability of Member States for the Violation of Fundamental Values of the European Union Book PDF

Author : Armin Hatje,Lubos Tichý
Publisher : Nomos Verlag
Page : 242 pages
File Size : 53,6 Mb
Release : 2018-06-11
Category : Law
ISBN : 9783845293721

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Liability of Member States for the Violation of Fundamental Values of the European Union by Armin Hatje,Lubos Tichý Pdf

Die Werte der Europäischen Union werden insbesondere durch das Verfahren des Art. 7 EUV vor systemischen Gefahren geschützt. Die Vorschrift erlaubt es in letzter Konsequenz, den betreffenden Mitgliedstaaten erhebliche Sanktionen aufzuerlegen. Als ultima ratio kommt sogar die Aussetzung des Stimmrechts in Betracht. Während die herkömmliche Betrachtung der Norm davon ausgeht, dass es sich um einen Sonderfall des Vertragsverletzungsverfahrens handelt, werden in diesem Band die Elemente des Tatbestandes herausgearbeitet, die für einen deliktischen Anspruch der Union gegen den vertragsbrüchigen Mitgliedstaat sprechen. Diese auf den ersten Blick ungewöhnliche Sicht auf Art. 7 EUV hat vor allem den analytischen Vorteil, die einzelnen Tatbestandsvoraussetzungen in ihrer ganzen Tragweite vor allem mit Blick auf die Rechtsfolgen besser verstehen zu können. Mit Beiträgen von Ewa Baginska | Sylwia Majkowska-Szulz | Gavin Barret | Tomás Dumbrovsky | Andreas Haratsch | Aalt Willem Heringa | Ulrich Magnus | Matthias Niedobitek | Michael Potacs | Laurent Sermet | Lubos Tichy | Mirosław Wyrzykowski | Jiri Zemanek

Rule of Law, Common Values, and Illiberal Constitutionalism

Tímea Drinóczi,Agnieszka Bień-Kacała
Rule of Law Common Values and Illiberal Constitutionalism Book PDF

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 166 pages
File Size : 43,7 Mb
Release : 2020-09-08
Category : Law
ISBN : 9781000172430

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Rule of Law, Common Values, and Illiberal Constitutionalism by Tímea Drinóczi,Agnieszka Bień-Kacała Pdf

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 47,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

The Practice of Judicial Interaction in the Field of Fundamental Rights

Casarosa, Federica,Moraru, Madalina
The Practice of Judicial Interaction in the Field of Fundamental Rights Book PDF

Author : Casarosa, Federica,Moraru, Madalina
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 41,5 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800371224

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The Practice of Judicial Interaction in the Field of Fundamental Rights by Casarosa, Federica,Moraru, Madalina Pdf

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

Sovereignty in the Shared Legal Order of the EU

Anthonie Brink,Ton van den Brink,Michiel Luchtman,Miroslava Scholten
Sovereignty in the Shared Legal Order of the EU Book PDF

Author : Anthonie Brink,Ton van den Brink,Michiel Luchtman,Miroslava Scholten
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2015
Category : Constitutional law
ISBN : 1780682190

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Sovereignty in the Shared Legal Order of the EU by Anthonie Brink,Ton van den Brink,Michiel Luchtman,Miroslava Scholten Pdf

How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.