The Autonomy Of Community Law

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The Autonomy of Community Law

Author : R. Barents
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 52,6 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122513

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The Autonomy of Community Law by R. Barents Pdf

"This book is the English version of my 'De communautaire rechtsorde' ... which was published by Kluwer, Deventer (the Netherlands) in 2000 ... Where necessary I have updated the text by taking account of developments until the beginning of 2003."--Foreword.

Between Autonomy and Dependence

Author : Ramses A. Wessel,Steven Blockmans
Publisher : Springer Science & Business Media
Page : 340 pages
File Size : 41,9 Mb
Release : 2012-12-14
Category : Law
ISBN : 9789067049030

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Between Autonomy and Dependence by Ramses A. Wessel,Steven Blockmans Pdf

The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.

Understanding EU Law

Author : Norbert Reich,Christopher Goddard,Ksenija Vasiljeva
Publisher : Intersentia nv
Page : 414 pages
File Size : 51,8 Mb
Release : 2003
Category : Law
ISBN : 9789050953245

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Understanding EU Law by Norbert Reich,Christopher Goddard,Ksenija Vasiljeva Pdf

This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.

Procedural Autonomy of EU Member States: Paradise Lost?

Author : Diana-Urania Galetta
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 46,8 Mb
Release : 2010-07-23
Category : Law
ISBN : 9783642125478

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Procedural Autonomy of EU Member States: Paradise Lost? by Diana-Urania Galetta Pdf

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

International Organizations and the Idea of Autonomy

Author : Richard Collins,Nigel D. White
Publisher : Routledge
Page : 566 pages
File Size : 50,8 Mb
Release : 2011-04-20
Category : Law
ISBN : 9781136806056

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International Organizations and the Idea of Autonomy by Richard Collins,Nigel D. White Pdf

International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

Autonomy and Demilitarisation in International Law

Author : Lauri Hannikainen,Frank Horn
Publisher : Martinus Nijhoff Publishers
Page : 376 pages
File Size : 45,6 Mb
Release : 1997-03-19
Category : Law
ISBN : 904110271X

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Autonomy and Demilitarisation in International Law by Lauri Hannikainen,Frank Horn Pdf

The Aland Islands constitute a very special case in international law. This island territory under Finland's sovereignty has been demilitarised and neutralised for more than one hundred and forty years and autonomous for more than seventy years. In 1921 the Council of the League of Nations laid down international guarantees for the autonomy and Swedish character of Aland, and a multilateral convention on Aland's demilitarisation and neutralisation was concluded that same year. The Convention is still in force, and Aland's autonomy is firmly anchored in both customary international law and Finnish constitutional law. This volume is the first to undertake a comprehensive analysis of Aland's international legal status. Several articles analyse the status and content of this autonomy, and a number of other articles deal with military issues. Perhaps the most topical one is that on the relationship between Aland and the EU. The solution achieved for Aland may provide a valuable model of autonomy. This book is important not only for experts and students of international law but also for anyone who is concerned with territorial autonomy as a possible means for enhancing political rights of minorities.

The Community Legal Order

Author : Jean-Victor Louis,Commission of the European Communities
Publisher : Unknown
Page : 210 pages
File Size : 54,6 Mb
Release : 1990
Category : Law
ISBN : UCAL:B4235133

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The Community Legal Order by Jean-Victor Louis,Commission of the European Communities Pdf

Updated edition of work incorporating developments in case law of the European Court of Justice and national courts and changes in the configuration of the European Community following enlargement.

European External Action Service

Author : Mauro Gatti
Publisher : BRILL
Page : 370 pages
File Size : 42,6 Mb
Release : 2016-09-23
Category : Law
ISBN : 9789004323612

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European External Action Service by Mauro Gatti Pdf

In European External Action Service, Mauro Gatti provides a legal analysis of the EU’s ‘foreign ministry’ and assesses its capability to promote coherence in EU external relations.

Law's Community

Author : Roger B. M. Cotterrell
Publisher : Oxford University Press, USA
Page : 408 pages
File Size : 42,6 Mb
Release : 1995
Category : History
ISBN : STANFORD:36105012425083

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Law's Community by Roger B. M. Cotterrell Pdf

These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Harmonising EU Competition Litigation

Author : Maria Bergström,Marios Iacovides,Magnus Strand
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 53,5 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781509902743

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Harmonising EU Competition Litigation by Maria Bergström,Marios Iacovides,Magnus Strand Pdf

This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

The Boundaries of the EU Internal Market

Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
Page : 377 pages
File Size : 51,9 Mb
Release : 2020-11-05
Category : Business & Economics
ISBN : 9781108499729

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The Boundaries of the EU Internal Market by Marja-Liisa Öberg Pdf

A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.

Autonomy, Consent and the Law

Author : Sheila A.M. McLean
Publisher : Routledge
Page : 244 pages
File Size : 41,8 Mb
Release : 2009-09-10
Category : Law
ISBN : 9781135219055

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Autonomy, Consent and the Law by Sheila A.M. McLean Pdf

The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.

Autonomy of Sport in Europe

Author : Jean-Loup Chappelet
Publisher : Council of Europe
Page : 114 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9287167206

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Autonomy of Sport in Europe by Jean-Loup Chappelet Pdf

Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.

The Global Community Yearbook of International Law and Jurisprudence 2020

Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2021-12-17
Category : Law
ISBN : 9780197618738

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The Global Community Yearbook of International Law and Jurisprudence 2020 by Giuliana Ziccardi Capaldo Pdf

The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ), human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO dispute settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.

Beyond Autonomy

Author : David G. Kirchhoffer,Bernadette J. Richards
Publisher : Cambridge University Press
Page : 226 pages
File Size : 51,5 Mb
Release : 2021-07-01
Category : Law
ISBN : 1108741304

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Beyond Autonomy by David G. Kirchhoffer,Bernadette J. Richards Pdf

Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases where autonomy is lacking (infants), diminished (addicts), and compromised (low socio-economic status). It examines alternative and complementary concepts to overcome the limits of respect for autonomy, including beneficence, dignity, virtue, solidarity, non-exploitation, vulnerability and self-ownership. It takes seriously the importance of human relationality and community in qualifying, tempering and complementing autonomy to achieve the ultimate end of human research - the good of humankind.