Legal Constraints On Eu Member States In Drafting Accession Agreements

Author : Narin Idriz
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2022
Category : Electronic
ISBN : 3031041038

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Legal Constraints on EU Member States in Drafting Accession Agreements by Narin Idriz Pdf

Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU's legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the 'very foundations' of the Union's legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the 'inner unity' or 'basic structure' of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.

Author : Narin Idriz
Publisher : Springer Nature
Page : 336 pages
File Size : 44,9 Mb
Release : 2022-06-22
Category : Law
ISBN : 9783031041020

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Legal Constraints on EU Member States in Drafting Accession Agreements by Narin Idriz Pdf

Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.

Author : Johan Callewaert,Council of Europe
Publisher : Council of Europe
Page : 107 pages
File Size : 53,6 Mb
Release : 2014-01-01
Category : Political Science
ISBN : 9789287179708

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The accession of the European Union to the European Convention on Human Rights by Johan Callewaert,Council of Europe Pdf

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Author : Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
Publisher : Bloomsbury Publishing
Page : 404 pages
File Size : 43,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254461

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The EU Accession to the ECHR by Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos Pdf

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

Author : Stefan Lorenzmeier,Vasilka Sancin
Publisher : Nomos Verlag
Page : 315 pages
File Size : 40,5 Mb
Release : 2018-03-26
Category : Law
ISBN : 9783845262284

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Contemporary Issues of Human Rights Protection in International and National Settings by Stefan Lorenzmeier,Vasilka Sancin Pdf

Der englischsprachige Sammelband beleuchtet die Auswirkungen internationaler Menschenrechte auf den nationalen und europäische Rechtsordnung aus mehreren Perspektiven. Neben den Auswirkungen des Gutachtens 2/13 des EuGH auf das Verhältnis der EU zur EMRK werden auch die Auswirkungen der Menschenrechtskonvention auf die Rechtsordnungen von Nachbarstaaten wie Norwegen und der Türkei analysiert. Ebenfalls wird eine Bestandsaufnahme der menschenrechtlichen Vorschriften des Assoziierungsabkommens der Europäischen Union mit der Ukraine und deren Auswirkungen auf die interne ukrainische Rechtsordnung vorgenommen. Daneben gestellt werden rechtsvergleichend Analysen der Rechtssysteme größerer und kleinerer Mitgliedstaaten der EU wie Deutschland, Polen, Portugal und Slowenien. Mit Beiträgen von Ass.-Prof. Pinar Bacaksiz, Dokuz Eylül Universität Izmir; Ass.-Prof. Vibeke Blaker Strand und Prof. Kjetil Mujezinovic Larsen, Norwegisches Menschenrechtsinstitut Oslo; Ass.-Prof. Rui Guerra de Fonseca, Universität Lissabon; Prof. Roman Petrov, Universität Kiew-Mohyla; Ass.-Prof. Dr. Vasilka Sancin und Prof. Mirjam Skrk, Universität Ljubljana; AkadR Dr. Stefan Lorenzmeier, LL.M. (Lugd.), Universität Augsburg; Dr. Daniel Engel, LL.M. (GWU), Universität Augsburg; Dasa Bajec Korent, Universität Ljubljana; Akad. Rätin Jennifer Hölzlwimmer, Universität Augsburg; Tina Korosec, LL.M. (Groningen), Universität Ljubljana; Masa Kovic Dine, LL.M. (Toronto), Universität Ljubljana; Dorota Miler, LL.M. (McGill), Universität Augsburg; Isabella Risini, LL.M. (Chicago-Kent), Ruhr-Universität Bochum; Désirée Rühle, Universität Augsburg; Marina Zagar, Universität Rijeka/Ljubljana

Author : Mihail Danov,Florian Becker,Paul Beaumont
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 43,5 Mb
Release : 2013-06-18
Category : Law
ISBN : 9781782251590

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Cross-Border EU Competition Law Actions by Mihail Danov,Florian Becker,Paul Beaumont Pdf

This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Author : Graham Butler,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 1047 pages
File Size : 41,5 Mb
Release : 2022-06-02
Category : Law
ISBN : 9781509939701

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EU External Relations Law by Graham Butler,Ramses A Wessel Pdf

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

Author : Robert Schütze
Publisher : Cambridge University Press
Page : 557 pages
File Size : 48,5 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107037663

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Foreign Affairs and the EU Constitution by Robert Schütze Pdf

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Author : Nanette A. Neuwahl,Allan Rosas
Publisher : BRILL
Page : 351 pages
File Size : 49,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482425

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The European Union and Human Rights by Nanette A. Neuwahl,Allan Rosas Pdf

Author : Adam Lazowski,Steven Blockmans
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 54,8 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782544746

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Research Handbook on EU Institutional Law by Adam Lazowski,Steven Blockmans Pdf

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Author : David John Harris,Michael O'Boyle,Ed Bates,Carla Buckley
Publisher : Oxford University Press, USA
Page : 1077 pages
File Size : 45,5 Mb
Release : 2014
Category : Law
ISBN : 9780199606399

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Law of the European Convention on Human Rights by David John Harris,Michael O'Boyle,Ed Bates,Carla Buckley Pdf

Thoroughly updated since the first edition of 1994, this volume contains a comprehensive account of Strasbourg case law and the underlying principles of the European Convention on Human Rights.

Author : Allan F. Tatham
Publisher : Martinus Nijhoff Publishers
Page : 433 pages
File Size : 42,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9789004234550

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Central European Constitutional Courts in the Face of EU Membership by Allan F. Tatham Pdf

Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.

Author : Paul Gragl
Publisher : Bloomsbury Publishing
Page : 362 pages
File Size : 49,8 Mb
Release : 2013-06-20
Category : Law
ISBN : 9781782251637

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The Accession of the European Union to the European Convention on Human Rights by Paul Gragl Pdf

After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

Author : Sionaidh Douglas-Scott,Nicholas Hatzis
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 43,6 Mb
Release : 2017-07-21
Category : Electronic
ISBN : 9781782546405

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Research Handbook on EU Law and Human Rights by Sionaidh Douglas-Scott,Nicholas Hatzis Pdf

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Author : Council of the European Union. General Secretariat
Publisher : Unknown
Page : 52 pages
File Size : 44,6 Mb
Release : 2000
Category : Administrative agencies
ISBN : UCSD:31822028697936

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Council's Rules of Procedure by Council of the European Union. General Secretariat Pdf