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Author: Robert Schütze
Publisher: Oxford University Press
ISBN: 0198803370
Category : Law
Languages : en
Pages : 385
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Book Description
What are the different market types that shape the European Union's internal market? Sch tze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, while retaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Sch tze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depth analysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Sch tze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.
Author: Robert Schütze
Publisher: Oxford University Press
ISBN: 0198803370
Category : Law
Languages : en
Pages : 385
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Book Description
What are the different market types that shape the European Union's internal market? Sch tze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, while retaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Sch tze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depth analysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Sch tze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.
Author: Isabelle Rorive
Publisher: Editions de l'Université de Bruxelles
ISBN: 2800416890
Category : Political Science
Languages : en
Pages : 386
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Book Description
During the 2000s, the European Union has witnessed a significant change in terms of integration policies for immigrants. This book intends to address the relationship between, on the one hand, cultural diversity resulting from migration, and, on the other hand, social cohesion and social justice within Western societies. In order to do this, the authors examine what can be described as two contradictory trends in recent public policies towards foreign people or people with a foreign origin. A book that aims to provide a trans-disciplinary analysis of the construction of “otherness” in North America and Europe. EXTRAIT In October 2010, in a very polemic context on immigration and immigrant integration, the German Chancellor, Angela Merkel, announced that Germany was to be considered a multicultural failure, words that were soon echoed by the Belgian Prime Minister Yves Leterme. A few months later, the British Prime Minister David Cameron and the French President Nicolas Sarkozy announced the failure of multiculturalism in almost identical terms. These sensational statements, which by and large avoid defining the concept of multiculturalism, are based on a reaffirmation of “Western values” and strengthening of national identity. These statements express the need to review the policies on integration of immigrants, in the sense that they should be more active and voluntarist, more organized by the state and more supported by the EU. In the background, one can see fear for Islamic extremism, but also the idea that the nation states can put some obligations on immigrants, and that for a too long time we have been focusing on “those who arrive”, rather than on “the society that welcomes them”. These speeches are situated in a politico-legal context that in recent years was characterized by an ambivalent attitude towards diversity in Europe. On the one hand, we have seen accusations of racial, ethnic and religious discrimination, based on antidiscrimination legislation boosted by a strong European equality legal framework. On the other hand, we have seen denouncements of the perceived risk posed by Islam in Europe. These policy statements are also a result of numerous publications, often widely discussed in the media that outline the dangers of Islam in Europe (especially in the Netherlands). These political positions have also led to political decisions demonstrating the lack of legitimacy of Islam in Europe, such as the ban on building minarets in Switzerland or the Burqa bans adopted in the name of protecting national values and the “living together”, notably in France and Belgium (2011).
Author: Eadaoin Ní Chaoimh
Publisher: Oxford University Press
ISBN: 0192669087
Category : Law
Languages : en
Pages : 321
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Book Description
The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
Author: Academie De Droit International De La Ha
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028605824
Category : Law
Languages : en
Pages : 564
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Book Description
Author: Theodoros Karathanasis
Publisher: Taylor & Francis
ISBN: 1040229689
Category : Law
Languages : en
Pages : 226
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Book Description
Cybersecurity is set to be one of the dominant themes in EU governance in the coming years, and EU law has begun to adapt to the challenges presented by security with the adoption of the Network and Information Security (NIS) Directive. This book explores the binding effects of the legal instruments and analyzes the impact of the constraining factors originating from NIS-related domestic policies across Finland, France, Greece, Ireland, Luxembourg, and Poland upon the transposition of the NIS Directive. Combining insights from law and political science, the book offers a comparative empirical analysis of national policies and regulations regarding network and information security, as well as the national legal framework deriving from the NIS Directive’s transposition. The book argues that the more the Directives offer a regulatory leeway to EU Member States for the transposition of their content, the more the preservation of national interests by EU Member States affects the uniform application of directives across the EU. Highlighting the need to go beyond the study of the legal compliance of European directives, the volume offers a new perspective on the interests of Member States and European law, bridging the gap between the politics and law of European integration. It will be of interest to students, academics, and practitioners with an interest in EU Law and cybersecurity.
Author: Jules Stuyck
Publisher: Kluwer Law International B.V.
ISBN: 940351048X
Category : Law
Languages : en
Pages : 445
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of the European Union provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of the European Union for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Author: Jean-Michel De Waele
Publisher: Editions de l'Université de Bruxelles
ISBN: 2800416807
Category : Political Science
Languages : en
Pages : 513
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Book Description
Discover the various scientific debates that Mario Telò has been involved. This edited volume, which has been drafted in honour of Professor Telò’s research career, offers the reader an overview of the various scientific debates that he has been involved in throughout his distinguished career. The aim was to highlight, contextualise and build on his most innovative contributions to each of these debates. This book revolves around four thematic areas, each of which brings together a number of contributions that offer timely reflections on a given question or challenge covered by Professor Telò’s research. EXTRACT We wanted to have a personality of international calibre, espousing different political systems across the world. But we also wanted to bring a good teacher into the fold filling students with enthusiasm, able to lead them to develop their study projects, to establish their vocation as researchers and even to train personalities active in every day life, in fact to promote a European conscientiousness. We know that Mario Telò has perfectly fulfilled these many wishes, in particular through his commitments towards his colleagues as well as his very active role as member and President of the Institut d’études européennes – Institute of European Studies (IEE-ULB), but also through the support that he has given numerous researchers who have completed brilliant doctoral theses under his supervision. It is difficult to pay him tribute, however, as Mario Telò has engaged in and still engages in multiple and international academic activities. We have lost count of the number of foreign invitations that have been extended to him as well as his numerous speeches to defend and to explain the need for a European area. Mario Telò knows better than anyone that European values still need to be defended, that European studies cover several aspects, not just the political integration process in Europe but also the analysis of the behaviour of actors, decision-makers and citizens. We know that the ‘EU acquis’ is often temporary and several times the work has to be redone, as the difficulties of functioning with twenty-eight member states, and soon to be twenty-seven member states, show. The European Union does not always respond to the democratic deficit, the political integration approach needs to show the usefulness and expected benefits of European cooperation essential to its existence in a very tense global context. The energy of Mario Telò, his creativity, his international engagement, his academic openness will always be essential to the ULB. A member of the Académie Royale de Belgique [Royal Academy of Belgium], in the Classe des Lettres et des Sciences morales et politiques [section of letters and moral and political sciences], Mario Telò will always find the opportunity to express his analyses and proposals to get through the currently very troubled time of Europe’s and the world’s evolution.
Author: Jean-Sylvestre Bergé
Publisher: Primento
ISBN: 2802751646
Category : Law
Languages : en
Pages : 747
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Book Description
European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).
Author: John Percy
Publisher:
ISBN:
Category :
Languages : en
Pages : 298
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Book Description
Author: Gilles Grin
Publisher:
ISBN:
Category : Europe
Languages : en
Pages : 0
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Book Description
Ce travail étudie l'histoire du marché unique (ou marché intérieur) de l'union européenne depuis ses débuts après la Deuxième Guerre mondiale jusqu'à l'an 2000. L'approche se veut pluridisciplinaire et incorpore les dimensions historique, politique, économique, juridique et sociologique. Après un préambule, l'introduction présente les concepts, la substance et l'architecture institutionnelle du marché unique. Les deux premiers chapitres étudient les réalisations et la pensée économique jusqu'en 1985 tandis que les quatre chapitres suivants, qui forment le coeur du travail, traitent de la période 1985-2000. Les principaux enseignements sont repris dans une conclusion et plusieurs annexes complètent le texte. Basée sur de nombreux entretiens et autres sources, cette thèse se veut une synthèse la plus globale et complète possible de l'une des réalisations majeures de l'intégration européenne.
