"This updated fifth edition of Law of the European Union provides a realistic, non-abstract treatment of EU Law. Topics are illustrated as far as possible by decisions of the European Court of Justice and Court of First instance, and each major area of substantive law is explored by considering its application within the UK."--BOOK JACKET.
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.
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 Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by over forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research and a "map" of the debates that animate the field. Each chapter features critical and up-to-date analysis of the current state of debate and discussion, assessing recent work, and advancing the understanding of all aspects of this developing area of international law. Addressing all aspects of international human rights law, the Handbook consists of over forty chapters, divided into seven parts. The first two sections explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. They also trace the historical sources of human rights through comparative and international law by conducting a case study of the anti-slavery movement. Section III focuses on the law-making process and certain categories of rights. Sections IV and V examine the normative and institutional evolution of human rights, and discuss its impact on various doctrines of general international law. The final two sections are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done. Section VI analyses several current problems that are being addressed by governments both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights. The final section then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook will be an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse. It should become the new standard reference work in this area.
This updated third edition of Law of the European Community, revised by John Fairhurst, provides a realistic, non-abstract treatment of Community Law for students. Topics are illustrated as far as possible by decisions of the ECJ referred by UK courts, and each major area of substantive law is explored by way of its implementation in the UK. The first part of the book focuses on the institutions and general principles of EC law in some depth, the remaining three parts focus on the main principles of the substantive law: free movement of persons and services and rights of establishment; free movement of goods; and competition law. In this new edition, recent case law and legislative and political developments generally have been covered, including the amendments which will be made to the EC Treaty once the Treaty of Nice comes into force (probably in 2002). The Treaty of Nice was primarily adopted to make constitutional changes to the structure of the EU in anticipation of its future enlargement. Remedies have been incorporated into Part 1 of the book where the constitutional and administrative law of the EC are dealt with. There is also greater emphasis in Part 1 on the ECJ and CFI
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Integrated Administration in Constitutional Context
Author: Pieter van Cleynenbreugel
Publisher: Martinus Nijhoff Publishers
In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation and identifies common or converging constitutional benchmarks underlying those sector-specific administrative design developments.
Edited byThe European Union in the World: Essays in Honour of Marc MaresceauEdited by is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law and pioneer in EU enlargement and neighbourhood studies. With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists.
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
Publisher: Kluwer Law Intl
Category: Business & Economics
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.