A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome PDF Download
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Author: Taylor & Francis Group
Publisher:
ISBN: 9781138608535
Category :
Languages : en
Pages :
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Book Description
Author: Taylor & Francis Group
Publisher:
ISBN: 9781138608535
Category :
Languages : en
Pages :
Get Book
Book Description
Author: Constantin Stefanou
Publisher: Routledge
ISBN: 0429876394
Category : Social Science
Languages : en
Pages : 146
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Book Description
First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state’s unilateral measures.
Author: Constantin Stefanou
Publisher: Routledge Revivals
ISBN: 9781138608597
Category :
Languages : en
Pages : 146
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Book Description
First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state's unilateral measures.
Author: Panos Koutrakos
Publisher: Hart Publishing
ISBN: 1841131660
Category : Law
Languages : en
Pages : 276
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Book Description
This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.
Author: Jonathan Michie
Publisher: Routledge
ISBN: 1135932263
Category : Social Science
Languages : en
Pages : 2166
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Book Description
This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.
Author: Hitoshi Nasu
Publisher: West Point Press
ISBN: 1959631012
Category : Law
Languages : en
Pages : 308
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Book Description
This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.
Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 1509900349
Category : Law
Languages : en
Pages : 360
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Book Description
This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Author: Martin Trybus
Publisher: Bloomsbury Publishing
ISBN: 1847312446
Category : Law
Languages : en
Pages : 476
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Book Description
This monograph examines the legal dimension of European defence integration from the Second World War to the Treaty Establishing a Constitution for Europe. It covers the evolution of European defence and security law in its legal,historical, and political context. The notion of defence law describes the entire field of rules created to regulate the defence of a nation or alliance. The analysis leads from the earliest mutual defence treaties to the failure of the European Defence Community and the eventual separation of defence from the mainstream of European integration in the 1950s, further to the re-vitalisation of a European security policy in the Treaties of Maastricht, Amsterdam, and Nice. In the context of this evolutionary process, the book examines the function of Community Law as an instrument of European defence integration. Community law affects the economic and social aspects of the defence within the limits of the security exemptions of the EC Treaty. It has an impact on the composition of the armed forces, the procurement of armaments, or the regulation of the defence industries. The book concludes with an analysis of the Common Security and Defence Policy of the Constitutional Treaty agreed by the European Council in 2004. The discussion shows that European defence integration is characterised by fragmentation in an area where coherence is particularly important. First, defence and security are addressed in several organisations: the EU, the Western European Union, NATO, the Organisation for Security and Cooperation in Europe, and the Organisation for Joint Armaments Cooperation. Second, defence and security are addressed in both the supranational Community Pillar and the intergovernmental Second Pillar of the Treaty on European Union. The new Constitutional Treaty aims to overcome the three-Pillar structure of the Union. Nevertheless, it leaves the intergovernmental character of the security and defence policy intact and introduces flexible frameworks for its mutual defence, crisis management, and armaments components. However, the Union needs a coherent defence policy to ensure her security and to speak with one voice on the international scene.
Author: Dimitrios Kavakas
Publisher: Routledge
ISBN: 1000160319
Category : Political Science
Languages : en
Pages : 212
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Book Description
This title was first published in 2001: This in-depth analysis of the foreign policy behaviour of Greece and Spain, draws conclusions on the role and influence that the two southern member states have had at different times. Dimitrios Kavakas concentrates on four aspects: the history; adaptation of domestic structures; patterns of behaviour in participation of the Common Foreign Security Policy (CFSP); and the issue of securitization. Allowing the reader to explore other aspects apart from the study of foreign policy of European Union member states, this invaluable work will find an audience among research and masters students as well as undergraduates. It is also suitable for courses of European foreign policy, comparative policy analysis and specialist courses on politics, international relations and European studies.
Author: I.F. Dekker
Publisher: Springer Science & Business Media
ISBN: 9067047376
Category : Law
Languages : en
Pages : 550
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Book Description
The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.
