Principles of European Constitutional Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Principles of European Constitutional Law PDF full book. Access full book title Principles of European Constitutional Law by Armin von Bogdandy. Download full books in PDF and EPUB format.
Author: Armin von Bogdandy
Publisher: Bloomsbury Publishing
ISBN: 184731550X
Category : Law
Languages : en
Pages : 856
Get Book Here
Book Description
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Author: Armin von Bogdandy
Publisher: Bloomsbury Publishing
ISBN: 184731550X
Category : Law
Languages : en
Pages : 856
Get Book Here
Book Description
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Author: Maria Fernaandez Esteban
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.
Author: Marek Zubik
Publisher: Springer Nature
ISBN: 3030571890
Category : Law
Languages : en
Pages : 384
Get Book Here
Book Description
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
Author: Koen Lenaerts
Publisher: Oxford University Press
ISBN: 0198851596
Category : Law
Languages : en
Pages : 1025
Get Book Here
Book Description
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1107130786
Category : Language Arts & Disciplines
Languages : en
Pages : 531
Get Book Here
Book Description
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Author: Geert De Baere
Publisher: Oxford University Press, USA
ISBN: 0199546681
Category : History
Languages : en
Pages : 407
Get Book Here
Book Description
This book explores how foreign policy fits within the complex constitutional structure of the EU, providing both an analysis of the constitutional reality of EU foreign policy and a theoretical analysis suggesting possibilities for reform.
Author: Stephen Weatherill
Publisher: Oxford University Press
ISBN: 0198748809
Category : Law
Languages : en
Pages : 721
Get Book Here
Book Description
This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.
Author: Ziegler, Katja S.
Publisher: Edward Elgar Publishing
ISBN: 1784712388
Category : Political Science
Languages : en
Pages : 656
Get Book Here
Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Emmanuel Ugirashebuja
Publisher: BRILL
ISBN: 9004322078
Category : Law
Languages : en
Pages : 553
Get Book Here
Book Description
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Author: Giovanni Boggero
Publisher: BRILL
ISBN: 9004347240
Category : Law
Languages : en
Pages : 350
Get Book Here
Book Description
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
