Author: Piet Eeckhout
Publisher: Bloomsbury Publishing
ISBN: 150990056X
Category : Law
Languages : en
Pages : 621
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Book Description
The Lisbon Treaty modified the legal framework of EU external action and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgement in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198909365
Category : Law
Languages : en
Pages : 337
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Book Description
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Author: Cristina Izquierdo-Sans
Publisher: Springer Nature
ISBN: 303072798X
Category : Law
Languages : en
Pages : 298
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Book Description
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Author: Polly Polak
Publisher: BRILL
ISBN: 900454609X
Category : Law
Languages : en
Pages : 322
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Book Description
The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.
Author: Giulia Frosecchi
Publisher: Taylor & Francis
ISBN: 1000902579
Category : Law
Languages : en
Pages : 150
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Book Description
The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
Author: Andreas Kellerhals
Publisher: buch & netz
ISBN: 3038055697
Category : Law
Languages : en
Pages : 135
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Book Description
With the White Paper on the Future of Europe, the European Commission had launched a debate on fundamental reforms of the Union structures in 2017. A total of five reform scenarios ranged from a reduction and focusing of the Union’s competences to increased integration in the sense of a United States of Europe. However, the White Paper did not have any consequences; none of the reform scenarios presented was implemented. However, current global challenges in the areas of health, climate change and energy resources as well as the shift in the global balance of power and related security issues demonstrate the increasing importance of a strong and united Europe. The idea of an “ever closer union”, as laid down in the preamble of the 1992 EU Treaty, could experience a renaissance. Against this background, the 13th Network Europe Conference addressed the importance of the integration project in times of global crises and the challenges in various policy areas, as well as the EU’s relations with its eastern and southern neighbors and its role vis-à-vis global actors such as China and Russia. This publication contains the conference contributions.
Author: Carlos Jiménez Piernas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154264
Category : Law
Languages : en
Pages : 706
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Book Description
This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.
Author:
Publisher: Roma TrE-Press
ISBN:
Category : Law
Languages : en
Pages : 292
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Book Description
The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.
Author: David Ramiro Troitiño
Publisher: Springer Nature
ISBN: 3030966623
Category : Political Science
Languages : en
Pages : 294
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Book Description
This book focuses on the impact of political leaders on the integration process led by the European Union. It aims at a better understanding of the European Union through the actions, contributions, and ideas of these outstanding characters to European integration and disintegration. By doing so, the book offers an entirely new perspective, presenting the actions of the main actors involved, their background, their historical time, their challenges and problems, and how they influenced the European Union's development. The authors in detail discuss different ideas connected to leaders, such as Jean Monnet and neo-functionalism, Spinelli and federalism or Churchill and the idea of cooperation. Furthermore, the book examines major policies and events, like the Common Agricultural Policy, the creation of the Euro as a consequence of the German reunification and Mitterrand’s reactions, or Brexit and its connection to the impact of Margaret Thatcher. The global essence of the book makes it a must-read for students, researchers, and scholars interested in a better understanding of the European Union's integration process.
Author: Ksenia Kirkham
Publisher: Taylor & Francis
ISBN: 1000982343
Category : Political Science
Languages : en
Pages : 422
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Book Description
The Routledge Handbook of the Political Economy of Sanctions examines the core issues and debates surrounding this controversial topic, introducing readers to essential concepts and terms. It communicates the evolving character of international sanctions from diverse perspectives, with a particular emphasis on questions of efficacy, legality, and legitimacy of sanctions, as well as the mechanisms by which they are applied. This interdisciplinary book explores the international political economy of sanctions in the constantly changing context of geopolitical rivalry. The authors investigate various theoretical and historical approaches to sanctions and apply these to specific case studies, such as the African Union, China, Cuba, India, Russia, Turkey, and the United States. The book gives a voice to sanctioned states and considers the impact of secondary sanctions. It analyses sanctions with reference to wider political debates such as national security, state sovereignty, economic warfare, and sustainability. This handbook will be of immense interest to students, researchers, and scholars in the fields of political economy, international sanctions, political science, international relations, and foreign policy. It will also be useful for all those employed by political institutions, businesses, and nongovernmental organisations when assessing current sanctions regimes.
