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Author : Francis G. Snyder
Publisher : Hart Publishing
Page : 370 pages
File Size : 43,8 Mb
Release : 2000-09-25
Category : Law
ISBN : 9781841130255
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Author : Jacobine Elisabeth Brink
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2015
Category : Administrative law
ISBN : 9089521275
The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]
Author : Jan Wouters,André Nollkaemper,Erika de Wet
Publisher : T.M.C. Asser Press
Page : 260 pages
File Size : 52,6 Mb
Release : 2011-08-27
Category : Law
ISBN : 906704640X
International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.
Author : Karl-Heinz Ladeur
Publisher : Ashgate Publishing
Page : 182 pages
File Size : 50,7 Mb
Release : 2002
Category : Law
ISBN : UOM:39015054446417
This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.
Author : Jan Wouters,André Nollkaemper,Erika de Wet
Publisher : T.M.C. Asser Press
Page : 260 pages
File Size : 43,6 Mb
Release : 2008-10-02
Category : Law
ISBN : 9067042854
International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.
Author : N. A. Baarsma
Publisher : Springer Science & Business Media
Page : 348 pages
File Size : 51,6 Mb
Release : 2011-09-06
Category : Law
ISBN : 9789067047432
Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.
Author : Christian Twigg-Flesner
Publisher : Routledge
Page : 288 pages
File Size : 53,7 Mb
Release : 2013-04-12
Category : Law
ISBN : 9781135923280
Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.
Author : Mariolina Eliantonio
Publisher : ISBS
Page : 440 pages
File Size : 50,5 Mb
Release : 2009
Category : Law
ISBN : 9076871973
Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.
Author : Francis G. Snyder
Publisher : Unknown
Page : 348 pages
File Size : 40,6 Mb
Release : 2000
Category : Law
ISBN : 1472562143
This book consists of interrelated essays by many past and present members of the EUI Law Department. The contributors are all well-known specialists in their fields, whose essays address such issues as the effects of integration upon certain national laws, the elaboration of EU law to provide a new framework for or replacement for national laws, the piece-meal development of specific legal strands of EU law and their intertwining with national or international laws, and the indirect and sometimes unintended consequences of European integration with regard to national, EU, or international la.
Author : Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Publisher : Springer Nature
Page : 415 pages
File Size : 48,6 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9783030536978
This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Author : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 50,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253808
Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Author : Guido Comparato
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 52,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253860
While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
Author : Thomas Wilhelmsson
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 53,8 Mb
Release : 2024-07-11
Category : Law
ISBN : 9781509977260
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author : Christian Twigg-Flesner
Publisher : Routledge
Page : 252 pages
File Size : 52,9 Mb
Release : 2013-04-12
Category : Law
ISBN : 9781135923211
Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.
Author : Lucinda Miller
Publisher : Oxford University Press
Page : 280 pages
File Size : 41,5 Mb
Release : 2011-09-22
Category : Law
ISBN : 9780199606627
The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.
