Common Market Law Review

Common Market Law Review PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 1060

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Book Description

Common Market Law Review

Common Market Law Review PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 1060

Get Book Here

Book Description


The Jurisprudence of Constitutional Conflict in the European Union

The Jurisprudence of Constitutional Conflict in the European Union PDF Author: Ana Bobić
Publisher: Oxford University Press
ISBN: 0192662597
Category : Law
Languages : en
Pages : 268

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Book Description
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.

An Introduction to European Law

An Introduction to European Law PDF Author: Robert Schütze
Publisher: Academic
ISBN: 0198858949
Category : Law
Languages : en
Pages : 397

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Book Description
Offering the most thought-provoking introduction to EU law. Written in a highly readable narrative style, the book provides students with a succinct yet sophisticated analysis of the core aspects of the subject, while also equipping them with the tools for further exploration. Figures and tables clarify complex ideas and processes, and a guide to finding and reading EU judgments offers valuable practical support. This carefully structured guide brings clarity to a broad and multifaceted subject.

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection PDF Author: Clelia Lacchi
Publisher: Éditions Larcier
ISBN: 2807925421
Category : Law
Languages : en
Pages : 295

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Book Description
The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

Treaty on the Functioning of the European Union - A Commentary

Treaty on the Functioning of the European Union - A Commentary PDF Author: Hermann-Josef Blanke
Publisher: Springer Nature
ISBN: 3030435113
Category : Law
Languages : en
Pages : 1699

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Book Description
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.

European Societies, Migration, and the Law

European Societies, Migration, and the Law PDF Author: Moritz Jesse
Publisher: Cambridge University Press
ISBN: 1108487688
Category : Law
Languages : en
Pages : 461

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Book Description
Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.

European Union Law

European Union Law PDF Author: Damian Chalmers
Publisher: Cambridge University Press
ISBN: 1108463592
Category : Law
Languages : en
Pages : 1139

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Book Description
The most current, contextual and authoritative EU law text, including Brexit, the euro, and the migration crisis.

Research Handbook on the Law of the EU’s Internal Market

Research Handbook on the Law of the EU’s Internal Market PDF Author: Panos Koutrakos
Publisher: Edward Elgar Publishing
ISBN: 1783478101
Category : Law
Languages : en
Pages : 559

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Book Description
While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.

European Union Law

European Union Law PDF Author: Margot Horspool
Publisher: Oxford University Press, USA
ISBN: 0199639817
Category : Law
Languages : en
Pages : 672

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Book Description
'European Union Law' provides students with a clear understanding of the law of the EU and the fundamental principles that support it. Essential information is provided in a user-friendly format to facilitate learning and understanding of this key discipline.

EU International Relations Law

EU International Relations Law PDF Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 1847316948
Category : Law
Languages : en
Pages : 414

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Book Description
In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.