Varieties Of European Subsidiarity

Author : Ralf Alleweldt,Günter Walzenbach
Publisher : Unknown
Page : 228 pages
File Size : 43,6 Mb
Release : 2021-02-22
Category : Political Science
ISBN : 1910814571

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Varieties of European Subsidiarity by Ralf Alleweldt,Günter Walzenbach Pdf

Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

Author : Serafín Pazos-Vidal
Publisher : Routledge
Page : 246 pages
File Size : 41,6 Mb
Release : 2019-02-25
Category : Political Science
ISBN : 9780429842511

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Subsidiarity and EU Multilevel Governance by Serafín Pazos-Vidal Pdf

This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.

Author : Katarzyna Granat
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 50,6 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781509908691

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The Principle of Subsidiarity and its Enforcement in the EU Legal Order by Katarzyna Granat Pdf

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

Author : Antonio Estella de Noriega
Publisher : Oxford University Press, USA
Page : 210 pages
File Size : 46,7 Mb
Release : 2002
Category : Law
ISBN : 0199242429

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The EU Principle of Subsidiarity and Its Critique by Antonio Estella de Noriega Pdf

The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.

Author : George Gelauff,Isabel Grilo,Arjan Lejour
Publisher : Springer
Page : 341 pages
File Size : 48,8 Mb
Release : 2008-04-11
Category : Political Science
ISBN : 3540772456

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Subsidiarity and Economic Reform in Europe by George Gelauff,Isabel Grilo,Arjan Lejour Pdf

Subsidiarity in the European Union, as the guiding principle of decision-making "close to the people", is often motivated and discussed from a predominantly political perspective. In this book, experts draw the demarcation between national and European policies from an economic viewpoint. Insights from economic theory and empirical research are used both to analyse the assignment of policies between the EU and its member states and to identify appropriate levels of decision-making.

Author : Michelle Evans,Augusto Zimmermann
Publisher : Springer
Page : 229 pages
File Size : 44,7 Mb
Release : 2014-05-16
Category : Law
ISBN : 9789401788106

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Global Perspectives on Subsidiarity by Michelle Evans,Augusto Zimmermann Pdf

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Author : Philipp Kiiver
Publisher : Routledge
Page : 216 pages
File Size : 40,9 Mb
Release : 2012-02-21
Category : Law
ISBN : 9781136459849

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The Early Warning System for the Principle of Subsidiarity by Philipp Kiiver Pdf

This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

Author : Alain Delcamp,Council of Europe. Steering Committee on Local and Regional Authorities
Publisher : Council of Europe
Page : 52 pages
File Size : 47,9 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 9287125228

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Definition and Limits of the Principle of Subsidiarity by Alain Delcamp,Council of Europe. Steering Committee on Local and Regional Authorities Pdf

Author : Jonas Christoffersen
Publisher : BRILL
Page : 686 pages
File Size : 45,5 Mb
Release : 2009-06-02
Category : Law
ISBN : 9789004180819

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Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights by Jonas Christoffersen Pdf

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Author : Centre for Economic Policy Research (Great Britain)
Publisher : Centre for Economic Policy Research
Page : 204 pages
File Size : 41,6 Mb
Release : 1993
Category : Business & Economics
ISBN : 1898128030

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Making Sense of Subsidiarity by Centre for Economic Policy Research (Great Britain) Pdf

This report argues that until detailed arguments for and against centralization through the European Union, there remains an incomplete guide to the principle decision of where power should reside.

Author : Robert Schütze
Publisher : Oxford University Press
Page : 428 pages
File Size : 51,9 Mb
Release : 2009-10-15
Category : Law
ISBN : 9780199238583

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From Dual to Cooperative Federalism by Robert Schütze Pdf

What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

Author : Dualta Roughneen
Publisher : Cambridge Scholars Publishing
Page : 167 pages
File Size : 53,7 Mb
Release : 2018-05
Category : Electronic
ISBN : 1527507947

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Humanitarian Subsidiarity by Dualta Roughneen Pdf

Subsidiarity is not a new idea, having been discussed either implicitly or explicitly for centuries. From Aristotle to the International Criminal Court, subsidiarity has been considered a means of framing the interacting spheres of sovereignty and levels of responsibility between individuals and the social and political order. The Catholic Church and the European Union have put forward the two clearest definitions of subsidiarity, representing the social order in the former and the political order in the latter. This book explores the possibility of a new humanitarian principle: subsidiarity, which means recognising that, in humanitarian response, local populations can and should be best placed to make decisions and take action. It argues that the humanitarian system should be designed to support this in the first instance and only to take action and make decisions at a higher level when this can be justified by a humanitarian imperative and the exigencies of the context. Subsidiarity as a humanitarian principle offers the possibility of a decision making framework that puts disaster affected populations at the centre of humanitarian response.

Author : Marcelo Gustavo Kohen
Publisher : Martinus Nijhoff Publishers
Page : 1275 pages
File Size : 50,5 Mb
Release : 2007
Category : Law
ISBN : 9789004153837

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La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by Marcelo Gustavo Kohen Pdf

This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.

Author : Hermann-Josef Blanke,Stelio Mangiameli
Publisher : Springer Nature
Page : 1699 pages
File Size : 40,7 Mb
Release : 2021-05-31
Category : Law
ISBN : 9783030435110

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

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

Author : Hartzén, Ann-Christine,Iossa, Andrea,Karageorgiou, Eleni
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 49,6 Mb
Release : 2022-02-11
Category : Law
ISBN : 9781800885516

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Law, Solidarity and the Limits of Social Europe by Hartzén, Ann-Christine,Iossa, Andrea,Karageorgiou, Eleni Pdf

This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.