Law and Governance in an Enlarged European Union

Author: George A. Bermann,Katharina Pistor

Publisher: Hart Publishing

ISBN: 1841134260

Category: Law

Page: 501

View: 4031

This bookâ??s principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, concentrating on the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realizing this potential will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading social scientists and policymakers, examines the current and future legal framework for EU governance, and the role that new members will â?? or will not â?? play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonization in the EU.
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French Business Law in Translation

Author: George A. Bermann,Pierre Kirch

Publisher: Juris Publishing, Inc.

ISBN: 1578232457

Category: Foreign Language Study

Page: 840

View: 2397

French Business Law in Translation sets forth a unique collection of translations of those French laws relevant in an international business context. It presents a bilingual version of the French laws and regulations that the authors have condensed from tens of thousands of pages down to the “essence” of the law in each of the fifteen subject areas. They refer to rules and regulations in French law of recurrent importance to business professionals and legal practitioners involved in international business. By adding the relevant French text in a column directly across from the translation into English, this 2nd edition has a whole new dimension which makes it an invaluable resource in legal linguistics for international practitioners and academics. The selection of texts has been made by members of the Paris office of Paul, Hastings, Janofsky & Walker (Europe) LLP, under the direction of Pierre Kirch. A team of advanced French and American law students at Columbia University Law School, supervised by Professor Bermann, has prepared the basic translations. The definitive translations and chapter introductions were prepared by the authors. Through a sound translation of the legislation which recurringly applies to ordinary and usual business situations, it is possible to discern the philosophy underlying the French system, reflective of how France conceives and regulates business phenomena that are in themselves essentially universal. Significant excerpts of fast-evolving areas of the law have been translated because in a French setting, transactional work involves not only fundamental contractual concepts set out in the Civil Code, but also securities law, intellectual property, competition, tax and labor law considerations. Each chapter opens with a brief introduction to the subject and an outline of its contents. The purpose is to allow the reader to place the translated legislation and rules in their overall context. The selection of translated material is done in such a way as to enable the reader to appreciate in their full scope the fundamentals of each area of the law, as conceived by the legislator, the French Government and, in certain cases, independent regulatory authorities. A glossary added to each chapter is intended to give a preliminary idea of the conceptual linguistic tools used in each of the subject-area chapters. Legal translation is not an exact science, but based on the authors' combined experience of more than 50 years in dealing with the fascinating differences between French law and U.S. law, they are keenly aware of the fact that the translation of legal language is not made by the translation of words, but rather by an attempt to use words to achieve an (often rough) equivalence of concepts. By putting the French original across from the translation, and by investing themselves in the qualitative value of seeking not words but conceptual equivalents or explanations for the rules of French law, they hope to have fostered a deeper understanding of the laws and regulations governing business in France. This should not only better inform those lawyers involved internationally but also be instructive to French lawyers interested in the recurrent linguistic characteristics of French legal texts. This can only be shown when the French original is compared with the appropriate conceptual link to American legal English.
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Toward a North American Legal System

Author: J. McHugh

Publisher: Springer

ISBN: 1137269502

Category: Political Science

Page: 210

View: 2330

Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.
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European and International Media Law

Liberal Democracy, Trade, and the New Media

Author: Perry Keller

Publisher: OUP Oxford

ISBN: 0191021563

Category: Law

Page: 536

View: 7400

Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.
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Immigration and Citizenship in an Enlarged European Union

The Political Dynamics of Intra-EU Mobility

Author: Simon McMahon

Publisher: Springer

ISBN: 1137433922

Category: Political Science

Page: 238

View: 9323

A distinctive contribution to the politics of citizenship and immigration in an expanding European Union, this book explains how and why differences arise in responses to immigration by examining local, national and transnational dimensions of public debates on Romanian migrants and the Roma minority in Italy and Spain.
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Economics and Policies of an Enlarged Europe

Author: Carlo Altomonte,Mario Nava

Publisher: Edward Elgar Publishing

ISBN: 1845426673

Category: Political Science

Page: 448

View: 9618

Increasingly, policies and laws commonly agreed within the EU shape the political and economic scenarios of nation states in Europe. However, the same European context is radically changing, essentially due to three major recent developments: the adoption of the Euro, EU enlargement to the east and the implementation of the Lisbon Strategy of structural reforms for growth and competitiveness. The book presents a thorough economic analysis of these three events and of their implications for both existing and potential EU policies and objectives. Carlo Altomonte and Mario Nava have written a very rigorous text in an accessible and jargon-free style, ensuring easy acquisition of invaluable insights into the European economic set-up and the possible evolution of EU policies, including an update on the reform of the Growth and Stability Pact and of the 2007 13 Financial Perspectives. The accessibility of economic concepts combined with the methodological rigour of this up-to-date text will be of great interest to both policy makers and students.
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Administrative Law and Policy of the European Union

Author: Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk

Publisher: OUP Oxford

ISBN: 0191021555

Category: Law

Page: 1064

View: 2334

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.
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Das politische System der EU

Author: Ingeborg Tömmel

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 3486858602

Category: Political Science

Page: 364

View: 2124

This volume conveys essential basic information about the political system of the European Union. It provides a concise and lucid presentation about the genesis, structure, and operation of the EU. Incisive summaries make it possible to review important content and firm up one’s understanding of the material.
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The European Union in the Wake of Eastern Enlargement

Institutional and Policy-Making Challenges

Author: Amy Verdun,Osvaldo Croci

Publisher: Manchester University Press

ISBN: 9780719065125

Category: Business & Economics

Page: 246

View: 8165

What will happen to the EU in the wake of enlargement? What are the institutional and policy-making changes in light of enlargement? This text deals with the theoretical, conceptual and historical processes that led to European Union enlargement.
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Gendering the European Union

New Approaches to Old Democratic Deficits

Author: G. Abels,J. Mushaben

Publisher: Springer

ISBN: 0230353290

Category: Political Science

Page: 279

View: 437

An exploration of European integration as seen through a gender lens. This book looks at integration theories, institutional relationships, enlargement, the development of gender law and the role of formal actors, scholars and expert networks in the EU policy-making process. With a focus on gender mainstreaming as a new approach to gender policy.
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Handbook of Quality of Life in the Enlarged European Union

Author: Jens Alber,Tony Fahey,Chiara Saraceno

Publisher: Routledge

ISBN: 1134095937

Category: Social Science

Page: 448

View: 3910

Recent enlargement to the east made the European Union a more diverse social space and brought it into more direct contact with the social and cultural aftermath of communism. The purpose of this book is to help social scientists, policy makers and other observers cope with the unfamiliarity of this new world by bringing together a collection of informative analyses of key domains of social life in the new member states and candidate countries, viewed in comparison both to each other and to the 'old' EU-15. The focus is on social conditions, such as social exclusion, poverty and living conditions, work and labour markets, family and housing. But is also offers accounts of the institutional contexts within which these conditions arise. The analyses makes use of a range of data, including a new data source, the European Quality of Life Survey 2003.
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Institutionalizing Intersectionality

The Changing Nature of European Equality Regimes

Author: A. Krizsan,H. Skjeie,J. Squires

Publisher: Springer

ISBN: 1137031069

Category: Social Science

Page: 242

View: 7453

An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.
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Spatial Planning Systems and Practices in Europe

A Comparative Perspective on Continuity and Changes

Author: Mario Reimer,Panagiotis Getimis,Hans Blotevogel

Publisher: Routledge

ISBN: 1317919092

Category: Architecture

Page: 336

View: 2064

Ideal for students and practitioners working in spatial planning, the Europeanization of planning agendas and regional policy in general Spatial Planning Systems and Practices in Europe develops a systematic methodological framework to analyze changes in planning systems throughout Europe. The main aim of the book is to delineate the coexistence of continuity and change and of convergence and divergence with regard to planning practices across Europe. Based on the work of experts on spatial planning from twelve European countries the authors underline the specific and context-dependent variety and disparateness of planning transformation, focusing on the main objectives of the changes, the driving forces behind them and the main phases and turning points, the main agenda setting actors, and the different planning modes and tools reflected in the different "policy and planning styles". Along with a methodological framework the book includes twelve country case studies and the comparative conclusions covering a variety of planning systems of EU member states. According to the four "ideal types" of planning systems identified in the EU Compendium, at least two countries have been selected from each of the four different planning traditions: regional-economic (France, Germany), Urbanism (Greece, Italy), comprehensive/integrated (Denmark ,Finland, Netherlands, Germany), "land use planning" (UK, Czech Republic, Belgium/Flanders), along with two additional case studies focusing on the recent developments in eastern European countries by looking at Poland and in southern Europe looking at Turkey.
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Accountability and Legitimacy in the European Union

Author: Anthony Arnull,Daniel Wincott

Publisher: Oxford University Press on Demand

ISBN: 9780199257102

Category: Law

Page: 537

View: 7876

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate willstart to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists
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The Dynamics of Change in EU Governance

Author: Udo Diedrichs,Wulf Reiners,Wolfgang Wessels

Publisher: Edward Elgar Publishing

ISBN: 0857930311

Category: Political Science

Page: 288

View: 7280

The emergence, execution and evolution of new modes of governance across several policy fields - and encompassing all three pillars of the European Union - are mapped, analyzed and evaluated. In particular, the expert contributors focus on the ways in which these innovative mechanisms and practices interrelate, how they relate to ?old' methods of governance, and what their implications are both for the effectiveness and efficiency of policymaking. Conclusions are drawn in the form of an integrated new framework that explains the dynamics of EU governance with an ?integrative spiral' driven by the interrelation between the legal and the living architecture of the EU. Linking research on modes of governance to the analysis of the basic legal, institutional and procedural features of the EU up to the Lisbon Treaty, this book will prove essential reading for scholars, researchers and policy makers in the fields of European studies, law and economics, and political science and theory.
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European Integration from Rome to Berlin, 1957-2007

History, Law and Politics

Author: Julio Baquero Cruz,Carlos Closa

Publisher: Peter Lang

ISBN: 9789052014647

Category: Political Science

Page: 286

View: 6993

In commemoration of the 50th anniversary of the Treaty of Rome, this volume addresses the lessons of EU history, its current challenges and its future perspectives. Leading scholars from the disciplines of history, political science, political economy and law consider important aspects of European integration. Areas examined include the evolution of the law of integration, Europe's influence on political transitions, economic governance, social governance, the system of Treaty reform and its limits, the future role of the Court of Justice, enlargement and the vexed question of Turkish accession. This book, which takes an interdisciplinary approach, seeks to draw on the lessons of history, while shedding new light on the current and future challenges facing the European Union.
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The Role of Regions and Sub-National Actors in Europe

Author: Stephen Weatherill,Ulf Bernitz

Publisher: Bloomsbury Publishing

ISBN: 1847311326

Category: Law

Page: 180

View: 1942

The essays gathered in this collection examine the involvement of self-governing sub-national and regional actors in the law and policy-making of the European Union. State power is today exercised in the context of the complex institutional environment of the EU. But what of regions and sub-national actors? Are their interests adequately represented; can they advance them or can they,at least, protect them from unwitting or calculated damage? This book surveys the broad questions of law and political science and investigates the contribution of the EU's Committee of the Regions and also 'bottom-up' initiatives launched by the regions themselves. Given that much regional autonomy has been hard won, one would suppose that the centralising influence flowing from the EU's intrusion into the domestic settlement would be treated with extreme caution by the regions. Moreover, among the Member States there is great diversity in the patterns of political organisation adopted to cope with the tension between the centralisation of power and respect for local autonomy. Case studies including Spain, Germany and Finland reveal that there is no single consistent historical narrative. States change, as the UK's recent experience illustrates. The book offers findings that are interesting at a general level in investigating patterns of multi-level governance, but is also rich in case-specific information.
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Making European Private Law

Governance Design

Author: Fabrizio Cafaggi,Horatia Muir Watt

Publisher: Edward Elgar Publishing

ISBN: 1848441274

Category: Law

Page: 368

View: 3013

This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
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The Challenges of European Governance in the Age of Economic Stagnation, Immigration, and Refugees

Author: Henry F. Carey

Publisher: N.A

ISBN: 9780739166901

Category: Law

Page: 500

View: 3611

This book examines the political and legal challenges of regional governance in the European Union and the Council of Europe. Academics and policy makers will learn from its analysis of legal and political efforts to integrate supranational and intergovernmental agencies with national political systems.
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