Member State Interests And European Union Law

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Member State Interests and European Union Law

Marton Varju
Member State Interests and European Union Law Book PDF

Author : Marton Varju
Publisher : Routledge
Page : 251 pages
File Size : 49,5 Mb
Release : 2019-11-20
Category : Law
ISBN : 9780429664199

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Member State Interests and European Union Law by Marton Varju Pdf

This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Between Compliance and Particularism

Marton Varju
Between Compliance and Particularism Book PDF

Author : Marton Varju
Publisher : Unknown
Page : 338 pages
File Size : 55,8 Mb
Release : 2019
Category : European Economic Community lite
ISBN : 3030057836

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Between Compliance and Particularism by Marton Varju Pdf

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Between Compliance and Particularism

Marton Varju
Between Compliance and Particularism Book PDF

Author : Marton Varju
Publisher : Springer
Page : 347 pages
File Size : 54,6 Mb
Release : 2019-02-08
Category : Law
ISBN : 9783030057824

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Between Compliance and Particularism by Marton Varju Pdf

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

The Implementation and Enforcement of European Union Law in Small Member States

Ivan Sammut,Jelena Agranovska
The Implementation and Enforcement of European Union Law in Small Member States Book PDF

Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Page : 309 pages
File Size : 42,7 Mb
Release : 2021-03-11
Category : Political Science
ISBN : 9783030661151

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The Implementation and Enforcement of European Union Law in Small Member States by Ivan Sammut,Jelena Agranovska Pdf

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

The State of the European Union, 6

Tanja A. Börzel,Rachel A. Cichowski
The State of the European Union 6 Book PDF

Author : Tanja A. Börzel,Rachel A. Cichowski
Publisher : Oxford University Press
Page : 436 pages
File Size : 43,6 Mb
Release : 2003-09-04
Category : Business & Economics
ISBN : 019925740X

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The State of the European Union, 6 by Tanja A. Börzel,Rachel A. Cichowski Pdf

The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.

A Constitutional Order of States?

Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa
A Constitutional Order of States Book PDF

Author : Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa
Publisher : Bloomsbury Publishing
Page : 688 pages
File Size : 42,7 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781847316363

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A Constitutional Order of States? by Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa Pdf

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

The Division of Competences between the EU and the Member States

Sacha Garben,Inge Govaere
The Division of Competences between the EU and the Member States Book PDF

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 49,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509913473

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The Division of Competences between the EU and the Member States by Sacha Garben,Inge Govaere Pdf

The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Philosophical Foundations of European Union Law

Julie Dickson,Pavlos Eleftheriadis
Philosophical Foundations of European Union Law Book PDF

Author : Julie Dickson,Pavlos Eleftheriadis
Publisher : OUP Oxford
Page : 668 pages
File Size : 50,9 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191652165

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Philosophical Foundations of European Union Law by Julie Dickson,Pavlos Eleftheriadis Pdf

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

Social Services of General Interest in the EU

Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Social Services of General Interest in the EU Book PDF

Author : Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Publisher : Springer Science & Business Media
Page : 626 pages
File Size : 40,9 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048767

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Social Services of General Interest in the EU by Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Pdf

The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

The Foundations of European Union Law

Trevor C. Hartley
The Foundations of European Union Law Book PDF

Author : Trevor C. Hartley
Publisher : Oxford University Press, USA
Page : 573 pages
File Size : 42,7 Mb
Release : 2014
Category : Law
ISBN : 9780199681457

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The Foundations of European Union Law by Trevor C. Hartley Pdf

Recoge: 1.European Union institutions - 2. The Union legal system - 3.Union law and the member states - 4. Administrative law.

European Union Law

Damian Chalmers,Gareth Davies,Giorgio Monti
European Union Law Book PDF

Author : Damian Chalmers,Gareth Davies,Giorgio Monti
Publisher : Cambridge University Press
Page : 2175 pages
File Size : 49,8 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781139952972

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European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti Pdf

As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student's full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

The European Union and the Return of the Nation State

Antonina Bakardjieva Engelbrekt,Karin Leijon,Anna Michalski,Lars Oxelheim
The European Union and the Return of the Nation State Book PDF

Author : Antonina Bakardjieva Engelbrekt,Karin Leijon,Anna Michalski,Lars Oxelheim
Publisher : Springer Nature
Page : 282 pages
File Size : 46,7 Mb
Release : 2020-01-22
Category : Political Science
ISBN : 9783030350055

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The European Union and the Return of the Nation State by Antonina Bakardjieva Engelbrekt,Karin Leijon,Anna Michalski,Lars Oxelheim Pdf

This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.

The New Member States and the European Union

Michael J. Baun,Dan Marek
The New Member States and the European Union Book PDF

Author : Michael J. Baun,Dan Marek
Publisher : Routledge
Page : 256 pages
File Size : 55,7 Mb
Release : 2013
Category : Law
ISBN : 9780415679275

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The New Member States and the European Union by Michael J. Baun,Dan Marek Pdf

This book examines the impact of EU membership on the foreign policies of the 12 new member states that joined the EU in 2004 and 2007. Among scholars of European politics there is a general consensus that membership in the European Union changes the countries that join. Yet considerable debate remains over what exactly changes, to what extent, how or why these changes happen, and why some countries, policies, and institutions change more than others. Expert contributors examine the impact of EU integration and membership, with chapters on the 12 new EU entrants since 2004: Poland, Czech Republic, Hungary, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Cyprus, Malta, Bulgaria, and Romania. Utilizing a common analytical framework, each of the country case studies examines the impact of EU membership on the foreign policies of the new member states in three key areas: foreign policy making institutions and procedures, interests and preferences, and strategies and actions. The New Member States and the European Union will be of interest to students and scholars of European Studies and European Union Politics.

State Aid and the European Economic Constitution

Francesco de Cecco
State Aid and the European Economic Constitution Book PDF

Author : Francesco de Cecco
Publisher : Bloomsbury Publishing
Page : 141 pages
File Size : 46,9 Mb
Release : 2012-12-14
Category : Law
ISBN : 9781782250517

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State Aid and the European Economic Constitution by Francesco de Cecco Pdf

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

What's Left of the Law of Integration?

Julio Baquero Cruz
What s Left of the Law of Integration Book PDF

Author : Julio Baquero Cruz
Publisher : Oxford University Press
Page : 210 pages
File Size : 55,9 Mb
Release : 2018-08-09
Category : Law
ISBN : 9780192566362

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What's Left of the Law of Integration? by Julio Baquero Cruz Pdf

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.