The Past and Future of EU Law

The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty

Author: Miguel Maduro,Loà ̄c Azoulai

Publisher: Bloomsbury Publishing

ISBN: 1847317588

Category: Law

Page: 526

View: 5112

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
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Yearbook of European Law 2010

Author: Piet Eeckhout,Takis Tridimas

Publisher: Oxford University Press, USA

ISBN: 019960259X

Category: Law

Page: 632

View: 7971

Transition to Journals From Volume 29, the Yearbook of European Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of European Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yel.oxfordjournals.org/ Yearbook of European Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of European Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of European Law subscribers Now in its 29th year, theYearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook is an essential resource for all involved in European legal research and practice.
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Making History

European Integration and Institutional Change at Fifty

Author: Sophie Meunier,Kathleen R. McNamara

Publisher: Oxford University Press, USA

ISBN: 9780199218677

Category: Political Science

Page: 361

View: 4207

The contributors to this volume, all leading specialists in the field of EU studies, examine the trajectory of the EU and draw on the theoretical tools of historical institutionalism to assess the central political challenges facing the EU.
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The European Union Legal Order After Lisbon

Author: Patrick Birkinshaw,Mike Varney

Publisher: Kluwer Law International B.V.

ISBN: 9041131523

Category: Law

Page: 366

View: 3048

In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.
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Criminal Law and Policy in the European Union

Author: Samuli Miettinen

Publisher: Routledge

ISBN: 0415474264

Category: LAW

Page: 248

View: 831

"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--
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EU External Relations Law

Text, Cases and Materials

Author: Bart Van Vooren,Ramses A. Wessel

Publisher: Cambridge University Press

ISBN: 1107031125

Category: Law

Page: 626

View: 9532

"This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional principles, and elaborating upon them in policy-specific chapters ranging from common commercial policy and development policy over CFSP/CSDP and AFSJ to energy and enlargement policy. Specific attention is given to the relationship between European integration, the role of law, and the EU as an effective international actor. Designed for easy navigation, chapters include key objectives, summaries and textboxes, which frame key issues and guide the reader through the functioning of legal principles. Students gain a detailed understanding of the historical development, context and present functioning of EU external relations law in a highly politicised European and international environment"--
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National Identity in EU Law

Author: Elke Cloots

Publisher: OUP Oxford

ISBN: 0191053503

Category: Law

Page: 414

View: 1177

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
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EU Procedural Law

Author: Koen Lenaerts,Ignace Maselis,Kathleen Gutman

Publisher: OUP Oxford

ISBN: 0191023132

Category: Law

Page: 990

View: 1089

The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.
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Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: OUP Oxford

ISBN: 0191026506

Category: Law

Page: 400

View: 9626

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
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The EU and Human Rights

Author: Philip Alston,Mara R. Bustelo,James Heenan

Publisher: Oxford University Press on Demand

ISBN: 9780198298069

Category: Law

Page: 946

View: 6405

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.
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The Principle of Mutual Recognition in EU Law

Author: Christine Janssens

Publisher: OUP Oxford

ISBN: 0191653888

Category: Law

Page: 408

View: 6312

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.
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A Constitutional Order of States?

Essays in EU Law in Honour of Alan Dashwood

Author: Anthony Arnull,Catherine Barnard,Michael Dougan,Eleanor Spaventa

Publisher: Bloomsbury Publishing

ISBN: 1847316360

Category: Law

Page: 688

View: 2695

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
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Empowerment and Disempowerment of the European Citizen

Author: Michael Dougan,Niamh Nic Shuibhne,Eleanor Spaventa

Publisher: Bloomsbury Publishing

ISBN: 1782250093

Category: Law

Page: 330

View: 4243

This collection of essays engages with a central theme in scholarship on EU citizenship – the emancipation of certain citizens, the alienation of others – and seeks to expand its horizons to interrogate whether similar debates and trends can be identified in other fields of European integration. The focus of the book is distinctly citizen focused. It delivers the potential for the opening out of analysis of the implications of European citizenship beyond the parameters of Articles 18-25 TFEU and beyond the disciplinary confines of legal analysis alone. The book construes 'EU citizenship' in its broadest sense, and explores the extent to which the European citizen is, or indeed is not, genuinely at the heart of EU law and policy-making. Within the broader theme of empowerment and disempowerment, the contributors reflect on a range of cross-cutting themes; for example, the extent to which channels of citizen participation (can) inform EU policy-making in a 'bottom-up' sense; or whether the EU is a catalyst for the construction of new spaces and new identities.
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Zur Demokratie in Europa: Unionsbürgerschaft und europäische Öffentlichkeit

Author: Christian Calliess,Moritz Hartmann

Publisher: Mohr Siebeck

ISBN: 9783161533907

Category: Law

Page: 168

View: 6903

English summary: The European Union finds itself in a democratic crisis. Not only during the course of the financial and state-debt crises has the idea surfaced in public awareness that the economic integration of Europe has become rather political as the response to the question of a European public sphere, a democratic necessity, becomes more urgent. But how does a European public come into being? Within the governmental and administrative networks of the European Union, such a public cannot be developed on the basis of national identity alone. Also, medial constructions of public find functional boundaries within the linguistic, cultural and political complexity of Europe. Within this context, this book undertakes the attempt to deduce a European public from the basic status of the members of associated countries: the union-citizenship of Article 20 of the Treaty on the Functioning of the European Union. In the space of dual legitimation of the European principle of democracy, the individuals as citizens of state and union have developed into a new public space of politics beyond domestic markets and between national parliaments and the European Parliament. German description: Die Europaische Union befindet sich in einer demokratischen Krise. Nicht zuletzt im Zuge der Finanz- und Staatsschuldenkrise ist die Erkenntnis in das offentliche Bewusstsein geruckt, dass die wirtschaftliche Integration Europas inzwischen so politisch geworden ist, als das eine Antwort auf die Frage nach einer europaischen Offentlichkeit als demokratische Grundbedingung immer dringlicher wird. Aber wie entsteht eine europaische Offentlichkeit? Im Staaten- und Verfassungsverbund der Europaischen Union kann sich eine Offentlichkeit nicht allein aus der nationalen Identitat heraus entwickeln. Auch mediale Konstruktionen von Offentlichkeit finden in der sprachlichen, kulturellen und politischen Vielfalt Europas funktionale Grenzen. Vor diesem Hintergrund unternimmt das Buch den Versuch, eine europaische Offentlichkeit aus dem grundlegenden Status der Angehorigen der Mitgliedstaaten abzuleiten: der Unionsburgerschaft des Artikel 20 AEUV. Im Rahmen der dualen Legitimation des europaischen Demokratieprinzips entfaltet sich der Einzelne als Staats- und Unionsburger zwischen nationalen Parlamenten und Europaischem Parlament in einem neuen offentlichen Raum des Politischen jenseits des Binnenmarktes.
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Competition Law and Policy in Japan and the EU

Author: Etsuko Kameoka

Publisher: Edward Elgar Publishing

ISBN: 1781000565

Category: Law

Page: 232

View: 3147

This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two j
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European Law in the Past and the Future

Unity and Diversity Over Two Millennia

Author: R. C. van Caenegem

Publisher: Cambridge University Press

ISBN: 9780521006484

Category: History

Page: 175

View: 518

R. C. van Caenegem considers the historical reasons behind European legal diversity.
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The State of the European Union, 6

Law, Politics, and Society

Author: Tanja A. Börzel,Rachel A. Cichowski

Publisher: Oxford University Press

ISBN: 9780199257409

Category: Business & Economics

Page: 410

View: 6541

The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.
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The Emergence of EU Contract Law

Exploring Europeanization

Author: Lucinda Miller

Publisher: OUP Oxford

ISBN: 0191029645

Category: Law

Page: 280

View: 6733

The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.
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The Evolution of EU Law

Author: Paul Craig,Gráinne de Búrca

Publisher: OUP Oxford

ISBN: 0191029572

Category: Law

Page: 984

View: 9912

The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
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The Coherence of EU Free Movement Law

Constitutional Responsibility and the Court of Justice

Author: Niamh Nic Shuibhne

Publisher: OUP Oxford

ISBN: 0191511064

Category: Law

Page: 310

View: 8095

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.
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