The Many Faces Of Differentiation In Eu Law

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The Many Faces of Differentiation in EU Law

Bruno de Witte,Dominik Hanf,Ellen Vos
The Many Faces of Differentiation in EU Law Book PDF

Author : Bruno de Witte,Dominik Hanf,Ellen Vos
Publisher : Intersentia nv
Page : 404 pages
File Size : 49,8 Mb
Release : 2001
Category : European federation
ISBN : 9789050951524

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The Many Faces of Differentiation in EU Law by Bruno de Witte,Dominik Hanf,Ellen Vos Pdf

The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to cooperate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation. The contributions are made by Dominik Hanf, José M. de Areilza, Jean-Victor Louis, Sean Van Raepenbusch, Ludwig Kramer, Georgia Papagianni, Grainne de Burca, Ellen Vos, Linda Senden, Sacha Prechal, Wouter Devroe, Deirdre Curtin, Bruno De Witte, Eddy De Smijter en Jan Wouters.

Between Flexibility and Disintegration

Bruno De Witte,Andrea Ott,Ellen Vos
Between Flexibility and Disintegration Book PDF

Author : Bruno De Witte,Andrea Ott,Ellen Vos
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 48,8 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781783475896

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Between Flexibility and Disintegration by Bruno De Witte,Andrea Ott,Ellen Vos Pdf

Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.

Making Sense of European Union Law

Monica Claes,Ellen Vos
Making Sense of European Union Law Book PDF

Author : Monica Claes,Ellen Vos
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 47,8 Mb
Release : 2023-01-12
Category : Law
ISBN : 9781509959716

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Making Sense of European Union Law by Monica Claes,Ellen Vos Pdf

This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law. The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.

Distributional Choices in EU Climate Change Law and Policy

Javier De Cendra de Larragán
Distributional Choices in EU Climate Change Law and Policy Book PDF

Author : Javier De Cendra de Larragán
Publisher : Kluwer Law International B.V.
Page : 570 pages
File Size : 53,8 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9789041133373

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Distributional Choices in EU Climate Change Law and Policy by Javier De Cendra de Larragán Pdf

Climate change policy inevitably has two core components: the goals, and the means chosen to pursue those goals. Decisions on goals and means necessarily have distributional consequences. Any policy choice generates winners and losers. While this outcome cannot be avoided - even doing nothing leads to distributional consequences - policymakers can, through the choice, design and implementation of policies, shape to some extent the distribution of the burdens of mitigation and adaptation to climate change. In greater depth than any previous legal study in the field, this book deals with the way in which the European Union (EU) has dealt with climate change and with the distribution of the benefits and costs of climate change mitigation policies among affected parties. With extraordinary thoroughness the author assesses the legality of choices made (particularly concerning mitigation targets and timelines), and examines the role that legal principles can play in the adoption, interpretation, and judicial testing of distributional choices. His analysis of the tension between such choices and EU law is bolstered by an exploration of emerging legal principles which could provide additional guidance in this challenging and controversial area. Among the core issues dealt with are the following: relationship among mitigation, adaptation, and sustainable development; regulations as means to make distributional choices distributional choices between generations and the principle of intergenerational justice distributional choices concerning firms and individuals the participation of affected parties in distributional choices access to justice in EU courts to challenge violations of procedural environmental rights the role of legal principles in making, evaluating and testing distributional choices the principle of proportionality with its tests of appropriateness and necessity; the principle of equality; the precautionary principle; the principle of prevention; the polluter pays principle; A concluding chapter offers deeply informed recommendations regarding the design of EU climate change law, including a preliminary assessment of EU wide personal carbon trading. In its insightful illumination of how the inevitable trade-offs, weaknesses, inconsistencies and ambiguities in the way law deals with distributional choices renders them vulnerable to external pressures, this book will be of enormous value to regulators and policymakers concerned with effective, efficient, and fair climate change measures. As a critical assessment of existing EU climate change laws and policies, and as a systematic analysis of the problem of burden sharing, this book will also prove highly valuable to academics in environmental fields of study.

Differentiated Integration and Disintegration in a Post-Brexit Era

Stefan Gänzle,Benjamin Leruth,Jarle Trondal
Differentiated Integration and Disintegration in a Post Brexit Era Book PDF

Author : Stefan Gänzle,Benjamin Leruth,Jarle Trondal
Publisher : Routledge
Page : 238 pages
File Size : 47,9 Mb
Release : 2019-11-15
Category : Political Science
ISBN : 9780429648847

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Differentiated Integration and Disintegration in a Post-Brexit Era by Stefan Gänzle,Benjamin Leruth,Jarle Trondal Pdf

Assessing the consequences of Brexit on EU policies, institutions and members, this book discusses the significance of differentiation for the future of European integration. This book theoretically examines differentiated integration and disintegration, focuses on how this process affects key policy areas, norms and institutions of the EU, and analyses how the process of Brexit is perceived by and impacts on third countries as well as other organizations of regional integration in a comparative perspective. This edited book brings together both leading and emerging scholars to integrate the process of Brexit into a broader analysis of the evolution, establishment and impact of the EU as a system of differentiation. This book will be of key interest to scholar and students of European Union politics, European integration, Brexit, and more broadly to Public Administration, Law, Economics, Finance, Philosophy, History and International Relations.

Environmental Liability and the Interplay between EU Law and International Law

Emanuela Orlando
Environmental Liability and the Interplay between EU Law and International Law Book PDF

Author : Emanuela Orlando
Publisher : Routledge
Page : 253 pages
File Size : 49,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9781317385967

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Environmental Liability and the Interplay between EU Law and International Law by Emanuela Orlando Pdf

The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

Enhanced Cooperation and European Tax Law

Caroline Heber
Enhanced Cooperation and European Tax Law Book PDF

Author : Caroline Heber
Publisher : Oxford University Press
Page : 545 pages
File Size : 55,8 Mb
Release : 2021
Category : Law
ISBN : 9780192898272

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Enhanced Cooperation and European Tax Law by Caroline Heber Pdf

The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

The Constitutional Framework for Enhanced Cooperation in EU Law

Robert Böttner
The Constitutional Framework for Enhanced Cooperation in EU Law Book PDF

Author : Robert Böttner
Publisher : BRILL
Page : 409 pages
File Size : 50,8 Mb
Release : 2021-02-15
Category : Law
ISBN : 9789004459151

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The Constitutional Framework for Enhanced Cooperation in EU Law by Robert Böttner Pdf

The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

EU Constitutional Law

Allan Rosas,Lorna Armati
EU Constitutional Law Book PDF

Author : Allan Rosas,Lorna Armati
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 55,9 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509909155

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EU Constitutional Law by Allan Rosas,Lorna Armati Pdf

The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.

Energy Security

Sanam S. Haghighi
Energy Security Book PDF

Author : Sanam S. Haghighi
Publisher : Bloomsbury Publishing
Page : 510 pages
File Size : 50,8 Mb
Release : 2007-08-31
Category : Law
ISBN : 9781847313782

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Energy Security by Sanam S. Haghighi Pdf

This book offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyses in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The book discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The book will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.

Annual of German and European Law

Russell A. Miller,Peer Zumbansen
Annual of German and European Law Book PDF

Author : Russell A. Miller,Peer Zumbansen
Publisher : Berghahn Books
Page : 708 pages
File Size : 50,7 Mb
Release : 2004
Category : Law
ISBN : 1571814140

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Annual of German and European Law by Russell A. Miller,Peer Zumbansen Pdf

Complementing the highly successful online German Law Journal, this new publication aims to deepen and develop some of the issues discussed in the Journal as well as to take up new questions and directions of commentary. Focusing on pressing legal questions of socio-political relevance, it offers scholarly articles, reports, book reviews and selected statutes or court decisions in English translation in all fields of German and European Law. The main objective is to offer border-transcending and interdisciplinary research into fast moving areas of the law, often involving a complex array of institutional, political, and private actors.

The Evolving Nature of EU External Relations Law

W. Th. Douma,C. Eckes,P. Van Elsuwege,E. Kassoti,A. Ott,R. A. Wessel
The Evolving Nature of EU External Relations Law Book PDF

Author : W. Th. Douma,C. Eckes,P. Van Elsuwege,E. Kassoti,A. Ott,R. A. Wessel
Publisher : Springer Nature
Page : 381 pages
File Size : 48,8 Mb
Release : 2021-01-21
Category : Law
ISBN : 9789462654235

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The Evolving Nature of EU External Relations Law by W. Th. Douma,C. Eckes,P. Van Elsuwege,E. Kassoti,A. Ott,R. A. Wessel Pdf

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU’s external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law. Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal – Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.

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 : 43,5 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.

Accommodating Diversity in Multilevel Constitutional Orders

Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes
Accommodating Diversity in Multilevel Constitutional Orders Book PDF

Author : Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes
Publisher : Taylor & Francis
Page : 262 pages
File Size : 40,8 Mb
Release : 2023-07-19
Category : Law
ISBN : 9781000909494

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Accommodating Diversity in Multilevel Constitutional Orders by Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes Pdf

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

The Boundaries of the EU Internal Market

Marja-Liisa Öberg
The Boundaries of the EU Internal Market Book PDF

Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
Page : 377 pages
File Size : 54,7 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.