Law and Governance in an Enlarged European Union

Author: George A. Bermann,Katharina Pistor

Publisher: Hart Publishing

ISBN: 1841134260

Category: Law

Page: 501

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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: 8165

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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: 8361

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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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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: 5059

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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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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: 9281

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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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Economics and Policies of an Enlarged Europe

Author: Carlo Altomonte,Mario Nava

Publisher: Edward Elgar Publishing

ISBN: 1845426673

Category: Political Science

Page: 448

View: 1883

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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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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: 6342

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The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
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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: 4061

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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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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: 7871

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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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