Between Compliance and Particularism

Between Compliance and Particularism PDF Author: Marton Varju
Publisher: Springer
ISBN: 3030057828
Category : Law
Languages : en
Pages : 347

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Book Description
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Between Compliance and Particularism

Between Compliance and Particularism PDF Author: Marton Varju
Publisher: Springer
ISBN: 3030057828
Category : Law
Languages : en
Pages : 347

Get Book Here

Book Description
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Between Compliance and Particularism

Between Compliance and Particularism PDF Author: Marton Varju
Publisher: Springer
ISBN: 9783030057817
Category : Law
Languages : en
Pages : 338

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Book Description
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Population and Politics

Population and Politics PDF Author: John Gerring
Publisher: Cambridge University Press
ISBN: 1108494137
Category : Language Arts & Disciplines
Languages : en
Pages : 511

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Book Description
Analyzes scale effects across a range of political dimensions, encompassing different political levels using a multi-method approach.

The Evolving Governance of EU Competition Law in a Time of Disruptions

The Evolving Governance of EU Competition Law in a Time of Disruptions PDF Author: Carlo Maria Colombo
Publisher: Bloomsbury Publishing
ISBN: 1509951806
Category : Law
Languages : en
Pages : 360

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Book Description
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Experimentalist Competition Law and the Regulation of Markets

Experimentalist Competition Law and the Regulation of Markets PDF Author: Yane Svetiev
Publisher: Bloomsbury Publishing
ISBN: 1509910654
Category : Law
Languages : en
Pages : 227

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Book Description
This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

European Public Procurement

European Public Procurement PDF Author: Caranta, Roberto
Publisher: Edward Elgar Publishing
ISBN: 1789900689
Category : Law
Languages : en
Pages : 1037

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Book Description
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

Buying Defence and Security in Europe

Buying Defence and Security in Europe PDF Author: Martin Trybus
Publisher: Cambridge University Press
ISBN: 1107002508
Category : Law
Languages : en
Pages : 583

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Book Description
A critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC in its legal, economic, military, and political context.

Pursuit of Legal Harmony in a Turbulent Europe

Pursuit of Legal Harmony in a Turbulent Europe PDF Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 1509977023
Category : Law
Languages : en
Pages : 647

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Book Description
This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

The Interface Between EU and International Law

The Interface Between EU and International Law PDF Author: Inge Govaere
Publisher: Bloomsbury Publishing
ISBN: 1509923403
Category : Law
Languages : en
Pages : 367

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Book Description
Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law PDF Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509914900
Category : Law
Languages : en
Pages : 335

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Book Description
Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.