Between Flexibility and Disintegration

Between Flexibility and Disintegration PDF Author: Bruno De Witte
Publisher: Edward Elgar Publishing
ISBN: 1783475897
Category : Law
Languages : en
Pages : 443

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Book Description
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.

Between Flexibility and Disintegration

Between Flexibility and Disintegration PDF Author: Bruno De Witte
Publisher: Edward Elgar Publishing
ISBN: 1783475897
Category : Law
Languages : en
Pages : 443

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Book Description
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

Making Sense of European Union Law PDF Author: Monica Claes
Publisher: Bloomsbury Publishing
ISBN: 150995970X
Category : Law
Languages : en
Pages : 183

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Book Description
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.

Between Compliance and Particularism

Between Compliance and Particularism PDF Author: Marton Varju
Publisher: Springer
ISBN: 3030057828
Category : Law
Languages : en
Pages : 347

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Book Description
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

European Variations as a Key to Cooperation

European Variations as a Key to Cooperation PDF Author: Ernst Hirsch Ballin
Publisher: Springer Nature
ISBN: 3030328937
Category : Political Science
Languages : en
Pages : 192

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Book Description
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.

The Legal History of the European Banking Union

The Legal History of the European Banking Union PDF Author: Pedro Gustavo Teixeira
Publisher: Bloomsbury Publishing
ISBN: 1509940634
Category : Law
Languages : en
Pages : 365

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Book Description
How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration.

Extradition Law

Extradition Law PDF Author: Miguel João Costa
Publisher: BRILL
ISBN: 9004411216
Category : Law
Languages : en
Pages : 675

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Book Description
In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

The New Economic Governance of the Eurozone

The New Economic Governance of the Eurozone PDF Author: Paul Dermine
Publisher: Cambridge University Press
ISBN: 1009216619
Category : Law
Languages : en
Pages : 425

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Book Description
An in-depth study of the Eurozone's economic governance and its constitutional foundations.

The Constitutional Framework for Enhanced Cooperation in EU Law

The Constitutional Framework for Enhanced Cooperation in EU Law PDF Author: Robert Böttner
Publisher: BRILL
ISBN: 9004459154
Category : Law
Languages : en
Pages : 409

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Book Description
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.

The Danish EU Opt-Outs

The Danish EU Opt-Outs PDF Author: Christian Thorning
Publisher: Bloomsbury Publishing
ISBN: 1509980954
Category : Law
Languages : en
Pages : 241

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Book Description
This book offers the first comprehensive legal study dedicated to the understanding of the Danish EU opt-outs. The impact of these is significant, falling as they do within Union citizenship, the euro, defense cooperation and the Area of Freedom, Security and Justice. Through a re-examination of the opt-outs individually, collectively and temporally, the book sheds light on their legal design and their interplay between international law, EU law and national law. This pioneering book takes a legal-doctrinal approach, which provides readers with a solid understanding of the opt-outs. Academics, judges and European Union civil servants will find this invaluable.

The EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights PDF Author: Steve Peers
Publisher: Bloomsbury Publishing
ISBN: 1509933506
Category : Law
Languages : en
Pages : 2013

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Book Description
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.