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Author: Court of Justice of the European Un
Publisher: Springer Science & Business Media
ISBN: 9067048976
Category : Law
Languages : en
Pages : 711
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Book Description
This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Author: Court of Justice of the European Un
Publisher: Springer Science & Business Media
ISBN: 9067048976
Category : Law
Languages : en
Pages : 711
Get Book Here
Book Description
This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Author: Jan Wouters
Publisher: Oxford University Press
ISBN: 0192640771
Category : Law
Languages : en
Pages : 776
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Book Description
The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
Author: Zsófia Varga
Publisher: Bloomsbury Publishing
ISBN: 1509939210
Category : Law
Languages : en
Pages : 307
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Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1108617409
Category : Law
Languages : en
Pages : 529
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Book Description
While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.
Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249
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Book Description
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
Author: Olivier Costa
Publisher: Springer
ISBN: 3319973916
Category : Political Science
Languages : en
Pages : 475
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Book Description
This book assesses the many changes that have occurred within the European Parliament and in its external relations since the Lisbon treaty (2009) and the last European elections (2014). It is undoubtedly the institution that has evolved the most since the 1950s. Despite the many crises experienced by European integration in the last years, the Parliament is still undergoing important changes in its formal competences, its influence on policy-making, its relations with other EU institutions, its internal organisation and its internal political dynamics. Every contribution deals with the most recent aspects of these evolutions and addresses overlooked topics, providing an overview of the current state of play which challenges the mainstream intergovernmental approach of the EU. This project results from research conducted at the Department of European Political and Governance Studies of the College of Europe. Individual research of several policy analysts of the European Parliamentary Research Service (EPRS) have contributed to this endeavour.
Author: Steven Blockmans
Publisher: Edward Elgar Publishing
ISBN: 1785364081
Category : European Union countries
Languages : en
Pages : 559
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Book Description
In times of rapid change and unpredictability the European Union’s role in the world is sorely tested. How successfully the EU meets challenges such as war, terrorism and climate change, and how effectively the Union taps into opportunities like mobility and technological progress depends to a great extent on the ability of the EU’s institutions and member states to adopt and implement a comprehensive and integrated approach to external action. This Research Handbook examines the law, policy and practice of the EU’s Common Foreign and Security Policy, including the Common Security and Defence, and gauges its interactions with the other external policies of the Union (including trade, development, energy), as well as the evolving political and economic challenges that face the European Union.
Author: Juan Santos Vara
Publisher: Routledge
ISBN: 135171421X
Category : Political Science
Languages : en
Pages : 302
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Book Description
Since the entry into force of the Treaty of Lisbon, key improvements have occurred in the democratisation of EU international relations through the increased powers of the European Parliament. Nevertheless, a comprehensive legal analysis of the new developments in democratic control of EU external action has not yet been performed. This book aims to improve the understanding of the set of mechanisms through which democratic control is exerted over EU external action, in times of profound transformations of the legal and political architecture of the European integration process. It analyses the role of the Court of Justice in the democratisation of international relations through EU law, and further provides a legal overview of the role of the European Parliament in the conduct of the EU's international relations. In those areas where the powers of the Parliament have greatly increased the book aims to raise questions as to whether this enhanced position has contributed to a more consistent external action. At the same time, the book aims to contribute to the debate on judicial activism in connection with the democratisation of EU external action. It offers the reader a detailed and topical analysis of the recent developments in democratic control of external action which are of relevance in the daily practice of EU external relations lawyers, including the topic of mixed agreements This text will be of key interest to scholars and students working on EU external relations law, EU institutional law, European Union studies/politics, international relations, and more broadly to policy-makers and practitioners, particularly to those with an interest on the European Parliament and the Court of Justice of the European Union.
Author: Michal Bobek
Publisher:
ISBN: 019872778X
Category : Business & Economics
Languages : en
Pages : 337
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Book Description
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
Author: George Dellis
Publisher: Edward Elgar Publishing
ISBN: 1800375794
Category : Law
Languages : en
Pages : 311
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Book Description
This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.
