The Application Of Eu Law In The New Member States

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The Application of EU Law in the New Member States

Adam Lazowski
The Application of EU Law in the New Member States Book PDF

Author : Adam Lazowski
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 45,8 Mb
Release : 2010
Category : Law
ISBN : 9067044296

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The Application of EU Law in the New Member States by Adam Lazowski Pdf

The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.

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 : 52,9 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.

Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union

Roman Petrov,Peter Van Elsuwege
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union Book PDF

Author : Roman Petrov,Peter Van Elsuwege
Publisher : Routledge
Page : 299 pages
File Size : 50,7 Mb
Release : 2014-02-24
Category : Law
ISBN : 9781134441860

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Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union by Roman Petrov,Peter Van Elsuwege Pdf

This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.

EU Law of the Overseas

Dimitry Kochenov
EU Law of the Overseas Book PDF

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 44,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134455

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EU Law of the Overseas by Dimitry Kochenov Pdf

Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

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 : 42,5 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.

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 : 41,9 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.

Legal Risks in EU Law

Emilia Mišćenić,Aurélien Raccah
Legal Risks in EU Law Book PDF

Author : Emilia Mišćenić,Aurélien Raccah
Publisher : Springer
Page : 256 pages
File Size : 43,5 Mb
Release : 2016-04-13
Category : Law
ISBN : 9783319285962

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Legal Risks in EU Law by Emilia Mišćenić,Aurélien Raccah Pdf

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

EU Law and Integration

José Luís Da Cruz Vilaça
EU Law and Integration Book PDF

Author : José Luís Da Cruz Vilaça
Publisher : Bloomsbury Publishing
Page : 705 pages
File Size : 51,8 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781782254232

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EU Law and Integration by José Luís Da Cruz Vilaça Pdf

This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.

The Treaty of Lisbon and the Future of European Law and Policy

Martin Trybus,Luca Rubini
The Treaty of Lisbon and the Future of European Law and Policy Book PDF

Author : Martin Trybus,Luca Rubini
Publisher : Edward Elgar Publishing
Page : 553 pages
File Size : 50,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857932563

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The Treaty of Lisbon and the Future of European Law and Policy by Martin Trybus,Luca Rubini Pdf

'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

Law and Governance in an Enlarged European Union

George A. Bermann,Katharina Pistor
Law and Governance in an Enlarged European Union Book PDF

Author : George A. Bermann,Katharina Pistor
Publisher : Hart Publishing
Page : 531 pages
File Size : 45,5 Mb
Release : 2004-11
Category : Law
ISBN : 9781841134260

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Law and Governance in an Enlarged European Union by George A. Bermann,Katharina Pistor Pdf

This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.

The Coherence of EU Law

Sacha Prechal,Bert van Roermund,G. van Roermund
The Coherence of EU Law Book PDF

Author : Sacha Prechal,Bert van Roermund,G. van Roermund
Publisher : Oxford Studies in European Law
Page : 574 pages
File Size : 46,7 Mb
Release : 2008
Category : Law
ISBN : 9780199232468

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The Coherence of EU Law by Sacha Prechal,Bert van Roermund,G. van Roermund Pdf

This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.

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 : 45,8 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.

EU Law

Paul P. Craig,Gráinne de Búrca
EU Law Book PDF

Author : Paul P. Craig,Gráinne de Búrca
Publisher : Oxford University Press
Page : 1304 pages
File Size : 43,6 Mb
Release : 2008
Category : Law
ISBN : 9780199273898

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EU Law by Paul P. Craig,Gráinne de Búrca Pdf

Written by two prominent experts in the field, the fourth edition of the market-leading EU Law: Text, Cases and Materials offers the reader an authoritative and comprehensive guide to the main fields of EU Law, both institutional and substantive. Through the distinctive mix of 50% text and 50% cases and materials, the fully revised and updated fourth edition addresses the significant recent developments in EU legislation, including four new chapters on topics of central importance. The new enlarged format includes a two-colour text design which easily distinguishes between author commentary and cases and materials. Craig and de Burca's EU Law: Text, Cases and Materials is the bestselling EU Law textbook - recommended by many institutions as a core text for LLB courses and trusted by thousands of students to provide an authoritative commentary on EU Law. Accompanied by an Online Resource Centre containing an: - interactive map of Europe with hot-spots on all EU member states, providing factual information on each member country - interactive timeline tracking key dates in EU legal history

Dictionary of Statuses within EU Law

Antonio Bartolini,Roberto Cippitani,Valentina Colcelli
Dictionary of Statuses within EU Law Book PDF

Author : Antonio Bartolini,Roberto Cippitani,Valentina Colcelli
Publisher : Springer
Page : 630 pages
File Size : 43,8 Mb
Release : 2019-01-05
Category : Law
ISBN : 9783030005542

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Dictionary of Statuses within EU Law by Antonio Bartolini,Roberto Cippitani,Valentina Colcelli Pdf

This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?

EU Legal Acts

Marise Cremona,Claire Kilpatrick
EU Legal Acts Book PDF

Author : Marise Cremona,Claire Kilpatrick
Publisher : Oxford University Press
Page : 299 pages
File Size : 41,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9780192549624

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EU Legal Acts by Marise Cremona,Claire Kilpatrick Pdf

In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.