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Languages : en
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Author: Università degli Studi. Padova. Dipartimento di Diritto Pubblico Internazionale e Comunitario
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Languages : it
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Pages : 188
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ISBN: 9788814018800
Category : Labor laws and legislation
Languages : it
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Author: Università degli Studi di Padova Dipartimento di Diritto Pubblico Internazionale e Comunitario
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Languages : en
Pages : 0
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Author: Diana-Urania Galetta
Publisher: Springer Science & Business Media
ISBN: 3642125476
Category : Law
Languages : en
Pages : 160
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Book Description
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Author: Aldo Sandulli
Publisher: Taylor & Francis
ISBN: 1040022596
Category : Law
Languages : en
Pages : 215
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This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
ISBN: 3642317065
Category : Law
Languages : en
Pages : 1821
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Book Description
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
