The Eu And The Proliferation Of Integration Principles Under The Lisbon Treaty

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The EU and the Proliferation of Integration Principles under the Lisbon Treaty

Author : Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi
Publisher : Routledge
Page : 196 pages
File Size : 55,8 Mb
Release : 2018-09-27
Category : Law
ISBN : 9781351839372

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The EU and the Proliferation of Integration Principles under the Lisbon Treaty by Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi Pdf

The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

National Politics and European Integration

Author : Maurizio Carbone
Publisher : Edward Elgar Publishing
Page : 259 pages
File Size : 54,6 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9781849805148

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National Politics and European Integration by Maurizio Carbone Pdf

This book discusses the domestic politics of treaty reform in the European Union, from the failed referendums on the Constitutional Treaty held in France and the Netherlands in May-June 2005 to the entry into force of the Treaty of Lisbon in December 2009. The chapters, written by some of the finest scholars in the field of EU/European politics, show how European integration has increasingly become a contested issue in a majority of Member States. Going beyond the view that national governments are the main, if not the sole, driving force in the process of European integration, this book shows that other actors and factors have played a central role in preference formation and inter-state bargaining. These include: political parties, public opinion, the media, presidents, constitutional courts and, more broadly, political systems, ratification hurdles and the general negotiation context. National Politics and European Integration combines empirical analysis and theoretical explanations for one of the most controversial periods in the history of the European Union. This important book will be of great interest for advanced students in EU studies, comparative politics and public policy.

Which Europe?

Author : K. Dyson,A. Sepos
Publisher : Springer
Page : 408 pages
File Size : 40,8 Mb
Release : 2010-08-27
Category : Political Science
ISBN : 9780230289529

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Which Europe? by K. Dyson,A. Sepos Pdf

The Euro Area, the Schengen Area, and Airbus - the 'Anglosphere', the Franco-German 'motor' and Nordic cooperation – each illustrates how differentiation has become a pervasive feature of European integration. Which Europe? offers an authoritative and comprehensive examination of differentiated integration in its functional and its territorial aspects. It focuses on its implications for both the practice and the theory of European integration. Is it strengthening or weakening the EU and its Member States? Are territorial identities being undermined or strengthened? Are new theories of integration required? In particular, this book looks at the relationship between the growth in use of differentiated integration and the widening of European Union membership, the broadening in its policy scope, and the deepening in integration.

The New Intergovernmentalism

Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 45,6 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780191008641

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The New Intergovernmentalism by Christopher J. Bickerton,Dermot Hodson,Uwe Puetter Pdf

The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.

Reflections on European Integration

Author : David Phinnemore,Alex Warleigh
Publisher : Palgrave MacMillan
Page : 282 pages
File Size : 54,8 Mb
Release : 2009-01-15
Category : Business & Economics
ISBN : UOM:39015078778076

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Reflections on European Integration by David Phinnemore,Alex Warleigh Pdf

Exploring the development of the European Union and the ways in which it has been studied over fifty years, this book draws on contributions by some of the worlds leading scholars in the field, it maps the past and present of both the EU and EU studies, before setting out a provocative agenda for future work in the area.

Routledge Handbook of Private Law and Sustainability

Author : Marta Santos Silva,Andrea Nicolussi,Christiane Wendehorst,Pablo Salvador Coderch,Marc Clément,Fryderyk Zoll
Publisher : Taylor & Francis
Page : 693 pages
File Size : 49,5 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781040037430

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Routledge Handbook of Private Law and Sustainability by Marta Santos Silva,Andrea Nicolussi,Christiane Wendehorst,Pablo Salvador Coderch,Marc Clément,Fryderyk Zoll Pdf

The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

European Union Economic Law and Culture

Author : Evangelia Psychogiopoulou,Sarah Schoenmaekers
Publisher : Edward Elgar Publishing
Page : 313 pages
File Size : 51,8 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781803927138

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European Union Economic Law and Culture by Evangelia Psychogiopoulou,Sarah Schoenmaekers Pdf

This topical book provides fresh insight into the ways culture interconnects with and is treated by EU economic law and policy. Contributing authors pose key questions pertaining to the nature, scope and extent of the competence of the EU and its member states in the field of culture.

European Perspectives on Environmental Law and Governance

Author : Suzanne Kingston
Publisher : Routledge
Page : 262 pages
File Size : 51,7 Mb
Release : 2013
Category : Law
ISBN : 9780415500067

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European Perspectives on Environmental Law and Governance by Suzanne Kingston Pdf

This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book considers issues such as climate change, the challenge of integrating environmental considerations into other policy areas, and improving environmental enforcement within the EU. The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.

The European Union and Human Rights

Author : Nanette A. Neuwahl,Allan Rosas
Publisher : BRILL
Page : 351 pages
File Size : 41,6 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

EU Law Enforcement

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Routledge
Page : 511 pages
File Size : 50,5 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429582776

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Constitutional Law and the EU Balanced Budget Principle

Author : Elena-Simina Tănăsescu,Eric Oliva
Publisher : Routledge
Page : 233 pages
File Size : 50,5 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781351723510

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Constitutional Law and the EU Balanced Budget Principle by Elena-Simina Tănăsescu,Eric Oliva Pdf

Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.

The Transformation of Consumer Law and Policy in Europe

Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 43,7 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963041

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The Transformation of Consumer Law and Policy in Europe by Hans-W Micklitz,Christian Twigg-Flesner Pdf

This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.

Equality and Non-Discrimination in the EU

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 44,5 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789904604

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Equality and Non-Discrimination in the EU by Giovanni Zaccaroni Pdf

Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

Treaty on the Functioning of the European Union - A Commentary

Author : Hermann-Josef Blanke,Stelio Mangiameli
Publisher : Springer Nature
Page : 1699 pages
File Size : 50,8 Mb
Release : 2021-05-31
Category : Law
ISBN : 9783030435110

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Treaty on the Functioning of the European Union - A Commentary by Hermann-Josef Blanke,Stelio Mangiameli Pdf

The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.