The Rule Of Law In European Integration

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The Rule of Law in European Integration

Stuart A. Scheingold
The Rule of Law in European Integration Book PDF

Author : Stuart A. Scheingold
Publisher : Quid Pro Books
Page : 362 pages
File Size : 45,8 Mb
Release : 2013-07-17
Category : Law
ISBN : 9781610272049

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The Rule of Law in European Integration by Stuart A. Scheingold Pdf

Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 48,6 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The Rule of Law in the European Union

Theodore Konstadinides
The Rule of Law in the European Union Book PDF

Author : Theodore Konstadinides
Publisher : Bloomsbury Publishing
Page : 268 pages
File Size : 49,5 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509916542

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The Rule of Law in the European Union by Theodore Konstadinides Pdf

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The New Intergovernmentalism

Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
The New Intergovernmentalism Book PDF

Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 43,9 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.

Democracy and Rule of Law in the European Union

Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin
Democracy and Rule of Law in the European Union Book PDF

Author : Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin
Publisher : Springer
Page : 232 pages
File Size : 42,6 Mb
Release : 2015-12-30
Category : Law
ISBN : 9789462650664

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Democracy and Rule of Law in the European Union by Flora A.N.J. Goudappel,Ernst M.H. Hirsch Ballin Pdf

The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.

The Rule of Law in the European Union

Dr Theodore Konstadinides
The Rule of Law in the European Union Book PDF

Author : Dr Theodore Konstadinides
Publisher : Unknown
Page : 200 pages
File Size : 42,9 Mb
Release : 2017
Category : Rule of law
ISBN : 150999551X

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The Rule of Law in the European Union by Dr Theodore Konstadinides Pdf

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law--a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that, while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.--

Spreading Democracy and the Rule of Law?

Wojciech Sadurski,Adam Czarnota,Martin Krygier
Spreading Democracy and the Rule of Law Book PDF

Author : Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher : Springer Science & Business Media
Page : 385 pages
File Size : 42,9 Mb
Release : 2006-07-30
Category : Law
ISBN : 9781402038426

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Spreading Democracy and the Rule of Law? by Wojciech Sadurski,Adam Czarnota,Martin Krygier Pdf

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

The Authority of EU Law

Wolfgang Heusel,Jean-Philippe Rageade
The Authority of EU Law Book PDF

Author : Wolfgang Heusel,Jean-Philippe Rageade
Publisher : Springer
Page : 396 pages
File Size : 53,5 Mb
Release : 2019-07-16
Category : Law
ISBN : 9783662588413

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The Authority of EU Law by Wolfgang Heusel,Jean-Philippe Rageade Pdf

This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

The Brussels Effect

Anu Bradford
The Brussels Effect Book PDF

Author : Anu Bradford
Publisher : Oxford University Press
Page : 368 pages
File Size : 49,5 Mb
Release : 2020-01-27
Category : Law
ISBN : 9780190088606

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The Brussels Effect by Anu Bradford Pdf

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

The Law of the European Union and the European Communities

Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell
The Law of the European Union and the European Communities Book PDF

Author : Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell
Publisher : Kluwer Law International B.V.
Page : 1456 pages
File Size : 52,7 Mb
Release : 2018-09-28
Category : Law
ISBN : 9789041154125

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The Law of the European Union and the European Communities by Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell Pdf

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Law and Integration in the European Union

Stephen Weatherill
Law and Integration in the European Union Book PDF

Author : Stephen Weatherill
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 43,9 Mb
Release : 1995
Category : Europe
ISBN : UOM:39015034541741

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Law and Integration in the European Union by Stephen Weatherill Pdf

In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.

The European Union and Customary International Law

Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives
The European Union and Customary International Law Book PDF

Author : Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives
Publisher : Cambridge University Press
Page : 337 pages
File Size : 55,7 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781108832977

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The European Union and Customary International Law by Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives Pdf

The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.

Rule of Law, Common Values, and Illiberal Constitutionalism

Tímea Drinóczi,Agnieszka Bień-Kacała
Rule of Law Common Values and Illiberal Constitutionalism Book PDF

Author : Tímea Drinóczi,Agnieszka Bień-Kacała
Publisher : Routledge
Page : 166 pages
File Size : 45,9 Mb
Release : 2020-09-08
Category : Law
ISBN : 9781000172430

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Rule of Law, Common Values, and Illiberal Constitutionalism by Tímea Drinóczi,Agnieszka Bień-Kacała Pdf

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

EU Enlargement and the Failure of Conditionality

Dimitry Kochenov
EU Enlargement and the Failure of Conditionality Book PDF

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 50,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126962

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EU Enlargement and the Failure of Conditionality by Dimitry Kochenov Pdf

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

Law, Democracy and Solidarity in a Post-national Union

Erik Oddvar Eriksen,Christian Joerges,Florian Rödl
Law Democracy and Solidarity in a Post national Union Book PDF

Author : Erik Oddvar Eriksen,Christian Joerges,Florian Rödl
Publisher : Routledge
Page : 273 pages
File Size : 50,6 Mb
Release : 2008-07-04
Category : Law
ISBN : 9781134042814

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Law, Democracy and Solidarity in a Post-national Union by Erik Oddvar Eriksen,Christian Joerges,Florian Rödl Pdf

Investigates how the values of the rule of law, solidarity and democracy can be understood in the European Union in order ensure the sustainability of the European political order.