Towards A European Public Law

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Towards a European Public Law

Bernard Stirn
Towards a European Public Law Book PDF

Author : Bernard Stirn
Publisher : Oxford University Press
Page : 200 pages
File Size : 47,5 Mb
Release : 2017-04-14
Category : Law
ISBN : 9780192506610

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Towards a European Public Law by Bernard Stirn Pdf

A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

Europeanisation of Public Law

Jacobine Elisabeth Brink
Europeanisation of Public Law Book PDF

Author : Jacobine Elisabeth Brink
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2015
Category : Administrative law
ISBN : 9089521275

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Europeanisation of Public Law by Jacobine Elisabeth Brink Pdf

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]

European Public Law

Patrick J. Birkinshaw
European Public Law Book PDF

Author : Patrick J. Birkinshaw
Publisher : Kluwer Law International B.V.
Page : 616 pages
File Size : 48,7 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789041198013

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European Public Law by Patrick J. Birkinshaw Pdf

The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Sabino Cassese,Armin von Bogdandy,Peter Huber
The Max Planck Handbooks in European Public Law Volume I The Administrative State Book PDF

Author : Sabino Cassese,Armin von Bogdandy,Peter Huber
Publisher : Oxford University Press
Page : 900 pages
File Size : 42,7 Mb
Release : 2017-07-25
Category : Reference
ISBN : 9780191039829

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The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by Sabino Cassese,Armin von Bogdandy,Peter Huber Pdf

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

The Max Planck Handbooks in European Public Law

Armin von Bogdandy
The Max Planck Handbooks in European Public Law Book PDF

Author : Armin von Bogdandy
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2017
Category : Administrative law
ISBN : 0198726406

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The Max Planck Handbooks in European Public Law by Armin von Bogdandy Pdf

"[This book] describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the 'ius publicum europaeum' can be no better than the common understanding European scholars and practitioners have of the law of other states."--

European Union Public Law

Damian Chalmers,Adam Tomkins
European Union Public Law Book PDF

Author : Damian Chalmers,Adam Tomkins
Publisher : Cambridge University Press
Page : 465 pages
File Size : 52,9 Mb
Release : 2007-09-24
Category : Law
ISBN : 9781139467223

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European Union Public Law by Damian Chalmers,Adam Tomkins Pdf

Since its publication in 2006, European Union Law has quickly established itself as one of the leading textbooks in the field, providing the student with both a comprehensive text and collection of materials. European Union Public Law brings together those sections of the title which look at the constitutional and institutional law of the EU, making it ideal for students undertaking a more focused study of the Union. Its proven successful combination of a highly accessible style, a 'law in context' approach which looks at the law in its wider political and social context and collection of interdisciplinary materials make this an essential text for those students concerned with the institutional and political workings of the Union. European public law students, European studies students and politics students will find this text invaluable, at both undergraduate and postgraduate level.

New Directions in European Public Law

Jack Beatson,Professor Paul Matthews
New Directions in European Public Law Book PDF

Author : Jack Beatson,Professor Paul Matthews
Publisher : Bloomsbury Publishing
Page : 214 pages
File Size : 48,8 Mb
Release : 1998-01-01
Category : Law
ISBN : 9781847313331

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New Directions in European Public Law by Jack Beatson,Professor Paul Matthews Pdf

This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

The Foundations and Future of Public Law

Elizabeth Fisher,Jeff King,Alison Young
The Foundations and Future of Public Law Book PDF

Author : Elizabeth Fisher,Jeff King,Alison Young
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 54,7 Mb
Release : 2020-03-26
Category : Law
ISBN : 9780198845249

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The Foundations and Future of Public Law by Elizabeth Fisher,Jeff King,Alison Young Pdf

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

The Emergence of European Society through Public Law

Armin von Bogdandy
The Emergence of European Society through Public Law Book PDF

Author : Armin von Bogdandy
Publisher : Oxford University Press
Page : 337 pages
File Size : 55,6 Mb
Release : 2024-03-06
Category : Law
ISBN : 9780198909361

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The Emergence of European Society through Public Law by Armin von Bogdandy Pdf

Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.

European Public Law

Patrick Birkinshaw
European Public Law Book PDF

Author : Patrick Birkinshaw
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2014
Category : International and municipal law
ISBN : 9041147446

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European Public Law by Patrick Birkinshaw Pdf

European integration has been most successful at a legal level and European influences have left an indelible mark on English and United Kingdom Public Law. These influences must be fully understood by students, academics and practitioners if they are to understand our public law and its future direction. To fail to appreciate the European context in which our domestic law is developing is to fail to comprehend our public law. This completely revised book, which was first published in 2003, examines the debate surrounding the influence of European Union and European Convention law, as well as the influence of national laws on the public law of the United Kingdom in a thematic and analytical manner. The book examines what influence the common law has extended on other European legal systems. The book seeks to unravel the mutual influence brought about by closer legal integration within the European experience at supra-national, national and sub-national levels. This book will prove to be an invaluable guide to the ever developing European context of our domestic public law. This new edition comes at a time of growing political disenchantment with European integration, at a time when the Union is growing in size and diversity and at a time when failure in consensus has led to non-Union measures for member states. Nonetheless, Europe has profoundly influenced our national legal development and that development must be understood. Patrick Birkinshaw is a Professor of Public Law and the Director of the Institute of European Public Law at the University of Hull. Since 1994 he has been Editor in Chief of the journal European Public Law (published by Kluwer Law International). He has been a contributor and adviser to various House of Commons and House of Lords Select Committees on European and domestic legal subjects. He is the author most recently of Freedom of Information: the Law, the Practice and the Ideal (4th edition (2010)), Government and Information: The Law Relating to Access, Disclosure and their Regulation (4th edition (2011) with Mike Varney) and The European Union Legal Order after Lisbon ((2010) edited with Mike Varney).

Convergence and Divergence in European Public Law

Paul Beaumont,Carole Lyons,Neil Walker
Convergence and Divergence in European Public Law Book PDF

Author : Paul Beaumont,Carole Lyons,Neil Walker
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 50,9 Mb
Release : 2002-06-07
Category : Law
ISBN : 9781847310149

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Convergence and Divergence in European Public Law by Paul Beaumont,Carole Lyons,Neil Walker Pdf

This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

The Max Planck Handbooks in European Public Law

Armin von Bogdandy,Peter Huber,Christoph Grabenwarter
The Max Planck Handbooks in European Public Law Book PDF

Author : Armin von Bogdandy,Peter Huber,Christoph Grabenwarter
Publisher : Oxford University Press, USA
Page : 977 pages
File Size : 48,8 Mb
Release : 2020-02-27
Category : Electronic
ISBN : 9780198726418

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The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Peter Huber,Christoph Grabenwarter Pdf

The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

The European Union Legal Order After Lisbon

Patrick Birkinshaw,Mike Varney
The European Union Legal Order After Lisbon Book PDF

Author : Patrick Birkinshaw,Mike Varney
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 42,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131522

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The European Union Legal Order After Lisbon by Patrick Birkinshaw,Mike Varney Pdf

In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

The Max Planck Handbooks in European Public Law

Armin von Bogdandy,Peter M. Huber,Sabrina Ragone
The Max Planck Handbooks in European Public Law Book PDF

Author : Armin von Bogdandy,Peter M. Huber,Sabrina Ragone
Publisher : Oxford University Press
Page : 769 pages
File Size : 54,5 Mb
Release : 2023-02-27
Category : Law
ISBN : 9780191039874

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The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Peter M. Huber,Sabrina Ragone Pdf

The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.

Council of Europe Law

Florence Benoît-Rohmer,Heinrich Klebes,Council of Europe
Council of Europe Law Book PDF

Author : Florence Benoît-Rohmer,Heinrich Klebes,Council of Europe
Publisher : Council of Europe
Page : 248 pages
File Size : 46,8 Mb
Release : 2005-01-01
Category : Business & Economics
ISBN : 9789287155948

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Council of Europe Law by Florence Benoît-Rohmer,Heinrich Klebes,Council of Europe Pdf

Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.