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Author: Thomas Wilhelmsson
Publisher: Bloomsbury Publishing
ISBN: 1509977279
Category : Law
Languages : en
Pages : 313
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Book Description
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 1092
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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Author: Niamh Nic Shuibhne
Publisher:
ISBN: 0199592950
Category : Law
Languages : en
Pages : 301
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Book Description
Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
Author: Thomas Wilhelmsson
Publisher: Bloomsbury Publishing
ISBN: 1509977279
Category : Law
Languages : en
Pages : 313
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Book Description
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author: Vincent Chetail
Publisher: Oxford University Press
ISBN: 019164546X
Category : Law
Languages : en
Pages : 478
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Book Description
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Author: Sjoerd Joseph Franciscus Johannes Claessens
Publisher:
ISBN:
Category : Foreign workers
Languages : en
Pages : 400
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Book Description
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Rainer Bauböck
Publisher: Springer
ISBN: 9783319899046
Category : Political Science
Languages : en
Pages : 0
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Book Description
This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.
Author: Steffen Hindelang
Publisher:
ISBN: 9780191705540
Category : Capital movements
Languages : en
Pages : 399
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Book Description
This title offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law.
Author: J. M. Smits
Publisher: Europa Law Publishing
ISBN: 9789076871356
Category : Civil law
Languages : en
Pages : 204
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Book Description
The aim of this book is to discuss the need for a uniform contract law in Europe. At present it is debated to what extent uniformity of law is required from the economic perspective. The view of the European Commission seems to be that diversity of law stands in the way of a proper functioning of the internal market, but this view does not seem to be shared by business: in the reactions to the 'Communication on European Contract Law (2001), it was striking to see that most companies do not consider the present diversity to be a true barrier to trade. This book offers five different perspectives on the need for a uniform contract law. These perspectives include economics, behavioral law and economics, psychology and law.
Author: Barend Van Leeuwen
Publisher: Bloomsbury Publishing
ISBN: 150990834X
Category : Law
Languages : en
Pages : 251
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Book Description
With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.
