Search Results: law-of-the-european-union-foundation-studies-in-law-series

Law of the European Union

Author: John Fairhurst

Publisher: Pearson Higher Ed

ISBN: 1292090359

Category: Law

Page: 872

View: 5337

Law of the European Union, part of the Foundations Series, offers a comprehensive, clear and straightforward account of the law ideal for LLB and GDL students.

The Foundations of European Union Law

Author: Trevor C. Hartley

Publisher: Oxford University Press

ISBN: 0199566755

Category: Law

Page: 501

View: 5954

Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.

Law of the European Union

Author: John Fairhurst

Publisher: Pearson Education

ISBN: 9781405899086

Category: Courts

Page: 830

View: 5287

This text seeks to demystify European Community Law by placing it within a UK context wherever possible to demonstrate the importance of European institutions as a source of domestic law.

Fairhurst's Law of the European Union

Author: Sonia Morano-Foadi,Jen Neller

Publisher: Pearson UK

ISBN: 1292218673

Category: Law

Page: 680

View: 3889

The European Union is a legal system unlike any other in history. It is also facing unprecedented challenges, controversies and uncertainty as the UK seeks to implement Brexit. At its heart, Law of the European Union aims to shed light on this unique forum by providing a clear and accessible overview of the constitutional arrangements of the Union, and the law and jurisprudence which underpins the substantive areas of core EU Law. Building on previous editions of the book by John Fairhurst, this 12th edition has been extensively reworked by a new author team to ensure it continues to meet the requirements of contemporary EU Law modules by: Streamlining its coverage to focus only on the constitutional law of the EU and the core substantive areas of free movement of people, workers and goods to reflect the typical LLB syllabus. Expanding coverage of direct effect, fundamental rights and the division of competences to provide more detailed information on these topics. Increasing the level of debate and analysis providing more nuanced coverage of the subject enabling the student reader to reflect on broad, underlying issues or controversies. Incorporating a range of new or improved features and diagrams to support learning including case boxes which explicitly highlight the facts, ruling and significance of each case discussed and reflection boxes which draw attention to key issues, discussion points and future possibilities. Weaving coverage of Brexit throughout.

Research Handbook on EU Institutional Law

Author: Adam Lazowski,Steven Blockmans

Publisher: Edward Elgar Publishing

ISBN: 1782544747

Category: Law

Page: 520

View: 7568

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

The Rule of Law in the European Union

The Internal Dimension

Author: Theodore Konstadinides

Publisher: Bloomsbury Publishing

ISBN: 1509916547

Category: Law

Page: 200

View: 6933

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

Philosophical Foundations of European Union Law

Author: Julie Dickson,Pavlos Eleftheriadis

Publisher: OUP Oxford

ISBN: 0191652164

Category: Law

Page: 668

View: 3704

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The Foundations of EU Data Protection Law

Author: Orla Lynskey

Publisher: Oxford University Press

ISBN: 0191028061

Category: Law

Page: 264

View: 9307

Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

Research Handbook on Legal Pluralism and EU Law

Author: Gareth Davies,Matej Avbelj

Publisher: Edward Elgar Publishing

ISBN: 1786433095

Category:

Page: 448

View: 8433

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Research Handbook on EU Law and Human Rights

Author: Sionaidh Douglas-Scott,Nicholas Hatzis

Publisher: Edward Elgar Publishing

ISBN: 1782546405

Category:

Page: 576

View: 7934

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

European Union Law

Author: Steve Peers

Publisher: Oxford University Press

ISBN: 0198789130

Category: Law

Page: 836

View: 5481

Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.

Reinforcing Rule of Law Oversight in the European Union

Author: Carlos Closa

Publisher: Cambridge University Press

ISBN: 1107108888

Category: Law

Page: 338

View: 9842

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

External Relations of the European Union

Legal and Constitutional Foundations

Author: Piet Eeckhout

Publisher: Oxford University Press, USA

ISBN: 9780199287215

Category: Law

Page: 490

View: 1445

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.

Federalism in the European Union

Author: Elke Cloots,Geert De Baere,Stefan Sottiaux

Publisher: Bloomsbury Publishing

ISBN: 1847319971

Category: Law

Page: 438

View: 1241

This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

European Union Law

Author: Alina Kaczorowska

Publisher: Routledge

ISBN: 041569597X

Category: Law

Page: 969

View: 1476

Fully revised and updated, the third edition of EU Law provides an exhaustive, yet easily readable, account of the complex and ever changing subject of EU law. The author gives thorough, authoritative, and up-to-the-minute treatment to the institutional, constitutional and substantive elements of EU Law. The book is unique in that it successfully combines depth of coverage with an excellent selection of supporting case law, making this challenging subject accessible and easy to follow. Case summaries and judgments are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: * Concise outlines, at the beginning of each chapter describing its content; * An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; * End of chapter recommended reading lists to facilitate further research; * End of chapter problem and essay questions testing the students' ability to apply what they have learnt; and, * A map identifying EU Member States, and their accession dates; acceding States; candidate States; and, potential candidate States. The book's companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies. It also provides comprehensive coverage of substantive and procedural EU competition law and thus has its place as a textbook for introductory courses on EU competition law.

The European Union's Foreign Policy in Comparative Perspective

Beyond the “Actorness and Power” Debate

Author: Ingo Peters

Publisher: Routledge

ISBN: 1317536541

Category: Political Science

Page: 292

View: 3827

This ground-breaking volume provides a new perspective on the EU’s foreign policy and offers a reconstruction of EU research that extends beyond narrow-minded concepts of ‘power’ and ‘actorness’. Focusing on two intertwined research questions, it presents a more sustainable base for studying EU foreign policy: What is the EU’s foreign policy quality in terms of ‘actorness’ and ‘power’ compared to other types of actors in international relations and global politics? What factors influence the EU’s foreign policy performance in comparison to states and international organizations? This guiding principle and application of a ‘grounded theory’ or ‘heuristic case study’ approach allows the book to deliver a structured comparative analysis of EU foreign policy, comparing findings across policy fields, different legal foundations and respective policy modes of governance. This book will be of key interest to students and scholars of European Union studies, European Union foreign policy studies, international relations, and security policy studies.

The Principle of Mutual Recognition in EU Law

Author: Christine Janssens

Publisher: Oxford University Press

ISBN: 0199673039

Category: Law

Page: 358

View: 2049

Based on author's dissertation (doctoral)--Universiteit Antwerpen, 2011, under title: The Principle of Mutual Recognition in the EU Internal Market and the EU Criminal Justice Area

An Ever More Powerful Court?

The Political Constraints of Legal Integration in the European Union

Author: Dorte Sindbjerg Martinsen

Publisher: OUP Oxford

ISBN: 0191067695

Category: Law

Page: 330

View: 4016

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

Selected issues in European tax law

the legal character of VAT and the application of general principles of justice : summary of an EFS seminar in honour of Fons Simons

Author: Fons Simons,Dirk Albregtse,H. A. Kogels,Foundation for European Fiscal Studies

Publisher: Kluwer Law Intl

ISBN: N.A

Category: Business & Economics

Page: 51

View: 1687

This collection brings together six expert papers on two fundamental issues in European fiscal law. The first issue concerns the legal character of VAT and focuses on the basic principles underlying the European VAT system and their development over the last thirty years. Topics covered include: The new definition of VAT based on recent case law of the European Court of Justice the basic characteristics of VAT as a consumption tax the distinction between the economic and legal approaches to VAT. The second issue concerns the application of general principles of law and justice in European law in general and European tax law in particular. The application of these principles is explored in detail in the context of European Court of Justice case law, direct and indirect taxation in general, And The harmonisation of rules on capital income taxation And The introduction of a common withholding tax in particular. These papers are the result of a conference organised by the Foundation for European Fiscal Studies of the Erasmus University Rotterdam in honour of Fons Simons, who for seven years was responsible For The postgraduate courses and seminars at the Foundation. This brochure is the sixth in a series initiated by the Foundation, which organises postgraduate courses on European tax law, and aims to encourage research on the economic and legal aspects of tax harmonisation and co-ordination in the European Union.

EU Climate Diplomacy

Politics, Law and Negotiations

Author: Stephen Minas,Vassilis Ntousas

Publisher: Routledge

ISBN: 1351599763

Category: Political Science

Page: 174

View: 7571

The European Union has long played a leadership role in the global response to climate change, including the development and dissemination of climate-friendly technologies such as renewable energy. EU diplomacy has been a vital contributor to the development of international cooperation on climate change through the agreement of the United Nations Climate Convention, its Kyoto Protocol and, most recently, the Paris Agreement. In addition, the election of Donald Trump as President of the United States means that the EU contribution to climate diplomacy will become more important still, both in filling the leadership gap (together with other major economies) and in responding to any sabotage by the Trump administration. This book will extend knowledge of the EU as a key actor in climate diplomacy by bringing together leading practitioners and researchers in this field to take stock of the EU’s current role and emerging issues. Contributions will be grouped into three strands: 1) the interplay between EU climate diplomacy and internal EU politics; 2) how the EU’s legal order is a factor that determines, enables and constrains its climate diplomacy; and 3) the EU’s contribution to diplomacy concerning climate technology both under the Climate Convention and more broadly. Collectively, these contributions will chart the EU’s role at a critical time of transition and uncertainty in the international response to climate change. EU Climate Diplomacy: Politics, Law and Negotiations will be of great relevance to students, scholars and policymakers with an interest in international climate politics and policy, transnational environmental law and politics and EU studies more generally.

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