New Governance and the Transformation of European Law

Coordinating EU Social Law and Policy

Author: Mark Dawson

Publisher: Cambridge University Press

ISBN: 1139502980

Category: Law

Page: N.A

View: 6872

The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.
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Open EDI and Law in Europe

A Regulatory Framework

Author: Andreas Mitrakas

Publisher: Kluwer Law International B.V.

ISBN: 9041104895

Category: Law

Page: 339

View: 3057

Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI--a particular application of electronic commerce--also permits commercial transactions to take place in a fully automated and highly organised trading environment. This volume focuses on open EDI and its relationship with law. When confronted with technology, the typical reaction of the law is to support interpretations and amendments of existing statutes so that old laws can accommodate the change. Open EDI, however, does not fit within this traditional regulatory method. Open EDI permits ad hoc open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing so, open EDI limits the possibility of using up-front interchange agreements to address the legal problems of the interchange. It therefore requires the use of legal instruments supported by information technology to overcome legal problems. Openness in an electronic environment has the potential to initiate an unobserved change in law. Possible regulations should address users' need to act in such a trading environment without the inhibition of basic legal concerns. Open EDI and Law in Europe concludes that the challenge of open EDI necessitates working toward a new legal framework based on international law and supported by information technology. This volume will assist lawyers and laypersons concerned with the practical and theoretical aspects of the legal issues of the application of open EDI by pointing out subtle issues in the application of law in this area and by provoking thought regarding possible solutions.
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Cambridge Yearbook of European Legal Studies

Author: Catherine Barnard

Publisher: Bloomsbury Publishing

ISBN: 1847314740

Category: Law

Page: 620

View: 2198

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, particularly those issues which have come to the fore during the year preceding publication. The chapters presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 10 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, Catherine Barnard, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, Claire Kilpatrick, Okeoghene Odudu, John Spencer Founding Editors: Alan Dashwood and Angela Ward
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The Fundamentals of EU Law Revisited

Assessing the Impact of the Consitutional Debate

Author: Catherine Barnard

Publisher: Oxford University Press

ISBN: N.A

Category: Law

Page: 299

View: 8542

How far should the fundamental principles that shape the EU be reassessed in the light of the Treaty's rejection? The essays in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy.
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The Constitutional Dimension of European Criminal Law

Author: Ester Herlin-Karnell

Publisher: Bloomsbury Publishing

ISBN: 184731953X

Category: Law

Page: 284

View: 9929

Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
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Yearbook of European Law 2009

Author: Herbert Smith Professor of Law at the Centre for European Law Piet Eeckhout,Professor of Law Takis Tridimas

Publisher: Oxford University Press

ISBN: 0199571252

Category:

Page: 700

View: 9180

Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
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Principles of European Constitutional Law

Author: Armin von Bogdandy,JÃ1⁄4rgen Bast

Publisher: Bloomsbury Publishing

ISBN: 1847317847

Category: Law

Page: 856

View: 8753

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
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Constitutionalization of European Private Law

XXII/2

Author: Hans Micklitz

Publisher: OUP Oxford

ISBN: 0191020087

Category: Law

Page: 320

View: 1677

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
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The Emergence of EU Contract Law

Exploring Europeanization

Author: Lucinda Miller

Publisher: Oxford University Press

ISBN: 0199606625

Category: Law

Page: 255

View: 9350

The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.
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The Power of the European Court of Justice

Author: Susanne K. Schmidt,R. Daniel Kelemen

Publisher: Routledge

ISBN: 1317981286

Category: Political Science

Page: 150

View: 3067

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
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Methods of Comparative Law

Author: P. G. Monateri

Publisher: Edward Elgar Publishing

ISBN: 1781005117

Category: Law

Page: 325

View: 5104

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
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The Question of Competence in the European Union

Author: Loïc Azoulai

Publisher: OUP Oxford

ISBN: 019101530X

Category: Law

Page: 300

View: 5475

The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.
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The Cambridge Yearbook of European Legal Studies

Author: Alan Dashwood,Angela Ward (Lawyer)

Publisher: Hart Publishing

ISBN: 1841133612

Category: Comparative law

Page: 425

View: 3661

This yearbook provides a new forum for the scrutiny of significant issues in European Union Law, the law of the Council of Europe and comparative law with a European dimension.
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Collected Courses of the Academy of European Law 1995 Vol. VI - 1

Author: Academy of European Law

Publisher: Kluwer Law International B.V.

ISBN: 9041105697

Category: Law

Page: 356

View: 2539

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
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Paradoxes of European Legal Integration

Author: Hanne Petersen

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754673712

Category: Law

Page: 341

View: 5951

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken.
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Der Europarat

Author: Aline Royer

Publisher: Council of Europe

ISBN: 9789287167842

Category:

Page: 63

View: 7934

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The Impact of EU Law on Minority Rights

Author: Tawhida Ahmed

Publisher: Bloomsbury Publishing

ISBN: 1847316174

Category: Law

Page: 246

View: 6933

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
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Cases and Materials on EU Law

Author: Stephen Weatherill

Publisher: Oxford University Press, USA

ISBN: 0199685665

Category: Law

Page: 643

View: 8540

The 11th edition provides a valuable selection of significant cases and legislation and an engaging range of carefully selected extracts, all of which are presented alongside insightful author notes in an easy-to-use and accessible format.
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