Essays in Honour of Henry G. Schemers, Volume 2 Institutional Dynamics of European Integration PDF Download
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Author: Deirdre M. Curtin
Publisher: BRILL
ISBN: 9004641068
Category : Law
Languages : en
Pages : 737
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Book Description
Institutional Dynamics of European Integration is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume will certainly refine legal understanding of the European Union in its present complex phase of development, it also constitutes a warm personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.
Author: Deirdre M. Curtin
Publisher: BRILL
ISBN: 9004641068
Category : Law
Languages : en
Pages : 737
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Book Description
Institutional Dynamics of European Integration is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume will certainly refine legal understanding of the European Union in its present complex phase of development, it also constitutes a warm personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.
Author: Henry Schermers
Publisher: Springer
ISBN: 9780792331605
Category : Law
Languages : en
Pages : 720
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Book Description
Author: Joana Mendes
Publisher: Oxford University Press, USA
ISBN: 0199599769
Category : Law
Languages : en
Pages : 545
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Book Description
The limited scope of participation in the making of EU law remains a continued source of controversy. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts and presenting a legal argument for their extension.
Author: Deirdre Curtin
Publisher: Springer
ISBN: 9780792331629
Category : Science
Languages : en
Pages : 715
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Book Description
Recoge: 1. Constitutional Issues - 2. Institutional and Legislative Questions - 3. Judicial Protection and Enforcement - 4. General Principles of Law and Human Rights - 5. International Developments.
Author: Dennis Weber
Publisher: Kluwer Law International B.V.
ISBN: 9041124020
Category : Law
Languages : en
Pages : 312
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Book Description
This unique book investigates the extent tot which a taxpayer may invoke the freedom of movement within the Community in order to avoid national direct taxes. A Member State's right to protect its taxing authority and tax jurisdiction may collide with a Union citizen's right to free movement under Community law. The author shows what at the national level is viewed as abuse may often be viewed from an EC law perspective as invoking the Treaty freedoms. As his starting point, the author describes relevant Community law as it stands at present, whereby Member States are exclusively authorized to determine the types, tax bases, rates, and procedural aspects of direct taxes. He goes on to examine the possibilities offered by primary EC law to cross-border taxpayers who seek to avoid tax, basing his presentation on an in-depth analysis of the tax and non-tax case law of the Court of Justice of the European Communities. Among the issues raised in the course of the analysis are the following: applicability of each of the freedoms of the citizen, of goods, of workers, of establishment, of services, and of capital;tests entailed by Community law: the economic activity test, the artificiality test, and the substance test;the extent to which holding and letterbox companies may invoke the freedom of movement; andthe fiscal cohesion justification. The author describes the implicit concept of avoidance that the Court apparently uses by examining its tax and non-tax decisions in avoidance-like cases, thus offering a valuable discussion of whether the anti-abuse doctrine development by the Court is a principle of Community law. In its thorough investigation of a major current manifestation of the emblematic conflict between state taxing authority and personal freedom, this thoughtful and well-researched analysis will be of great value to tax professionals, officials, and academics not only on Europe but wherever this fundamental problem in tax law applies.
Author: Alexandre Saydé
Publisher: Bloomsbury Publishing
ISBN: 1782254048
Category : Law
Languages : en
Pages : 452
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Book Description
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Author:
Publisher:
ISBN:
Category : European communities
Languages : en
Pages : 652
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Book Description
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Publisher:
ISBN:
Category : Law
Languages : en
Pages : 940
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Book Description
Author: Juliane Kokott
Publisher: Nomos Verlagsgesellschaft
ISBN:
Category : Law
Languages : en
Pages : 328
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Book Description
The future of the European judicial system and the constitutional role of the European courts were the topics of the 6th Colloquium of the European Constitutional Law Network (ECLN), which took place in Berlin in November 2005. It was jointly organized by the ECLN and the International Association of Constitutional Law (IACL). This book reflects the topics of the colloquium where judges from the European Courts and the highest national courts, and experts on European and Constitutional Law from all over the world exchanged experiences and developed concepts for future EU judicial architecture. Subjects like the composition of the courts, election procedures for the judges, and their relationship to the ordinary judiciary are compared, and the role of the ECJ in the European Judicial System is discussed.
Author: Deirdre M. Curtin
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792331605
Category : Law
Languages : en
Pages : 742
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Book Description
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