Search Results: the-principle-of-legal-certainty-in-ec-law

The Principle of Legal Certainty in EC Law

Author: J. Raitio

Publisher: Springer Science & Business Media

ISBN: 9401703531

Category: Philosophy

Page: 401

View: 8982

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

Holismus in der Philosophie des Geistes und in der Philosophie der Physik

Author: Michael Esfeld

Publisher: N.A

ISBN: 9783518291726

Category: Holism

Page: 426

View: 5427

General Principles of EC Law in a Process of Development

Reports from a Conference in Stockholm, 23-24 March 2007, Organised by the Swedish Network for European Legal Studies

Author: Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot

Publisher: Kluwer Law International B.V.

ISBN: 9041127054

Category: Law

Page: 453

View: 6764

What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer-Verlag

ISBN: 3662071282

Category: Law

Page: 977

View: 7325

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts, reflektiert den Stand der Forschung, verdeutlicht methodische Zugänge, klärt Wissenschaftsverständnisse und bezeichnet Forschungsdesiderata. Die systematischen Einzelanalysen ergänzen Gesamteinschätzungen zu Stand und Fortgang der rechtlichen Integration.

The Eclipse of the Legality Principle in the European Union

Author: Leonard F. M. Besselink,Frans Pennings,Sacha Prechal

Publisher: Kluwer Law International B.V.

ISBN: 9041132627

Category: Law

Page: 312

View: 9755

Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

The general principles of EC law

Author: Takis Tridimas

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 377

View: 2807

One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This book provides a detailed andsystematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that theyentail. Tridimas focuses on principles such as equality, proportionality, fundamental rights and the right to a hearing. This book also analyses the liability of Member States for breaches of Community Law. It is designed for students, academics and practitioners interested in the wider areas ofEuropean law and judicial review. This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political context, at alevel which will interest the advanced student, the practitioner, the academic, and government and Community officials.

Legal Remedies in European Tax Law

Author: Pasquale Pistone,Group for Research on European International Taxation

Publisher: IBFD

ISBN: 9087220650

Category: Law

Page: 544

View: 4483

ReNEUAL - Musterentwurf für ein EU-Verwaltungsverfahrensrecht

Deutsche Ausgabe auf der Grundlage der überarbeiteten englischen Druckfassung 2014/15

Author: Jens-Peter Schneider,Herwig C. H. Hofmann,Jaques Ziller

Publisher: N.A

ISBN: 9783406685873

Category:

Page: 214

View: 9154

Administrative Law and Policy of the European Union

Author: Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk

Publisher: OUP Oxford

ISBN: 0191021555

Category: Law

Page: 1064

View: 9388

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.

The Paradoxes of Action

(Human Action, Law and Philosophy)

Author: Daniel González Lagier

Publisher: Springer Science & Business Media

ISBN: 9401702055

Category: Philosophy

Page: 139

View: 8123

This book suggests answers, or at least presents conceptual tools for finding answers, to questions such as: What is an action, and what is an omission? Can actions be counted? What is the role of intention for the identification of actions? The author offers an original approach to the analysis of action. Written in a very accessible style, the book is of interest to lawyers, legal scientists and philosophers.

Soft Law in European Community Law

Author: Linda Senden

Publisher: Hart Publishing

ISBN: 1841134325

Category: Law

Page: 533

View: 2075

This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU), and its use by the European Commission and Council of Ministers. It focuses upon how soft law fits into the Community legal system, how it is used, and how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.

The European Constitution, Welfare States and Democracy

The Four Freedoms vs National Administrative Discretion

Author: Christoffer C. Eriksen

Publisher: Routledge

ISBN: 1136617590

Category: Law

Page: 240

View: 7641

This book explores how the right to the free movement of goods, persons, services and capital in the European Union legal order affects welfare states. These "four freedoms", as they are known, are vital instruments for the protection of a European market unencumbered by internal frontiers. The European Constitution, Welfare States and Democracy explore the relationships and conflicts that have emerged between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular, it examines the threat posed to the discretionary powers enjoyed by national governments and administrative authorities. Christoffer C. Eriksen has undertaken a comprehensive analysis of a series of judgments in which the European Court of Justice has clearly indicated the ways in which the four freedoms may be incompatible with the current practice of entrusting national administrative authorities with discretionary powers and thus highlights how the four freedoms are provoking democratic dilemmas, previously neglected in the academic literature. The book is written in a style which communicates beyond an audience of specialized legal scholars and although it includes analysis of black letter law, its methodology also draws from the disciplines of philosophy, political science, and sociology.

Multilingual Interpretation of European Union Law

Author: Mattias Derlén

Publisher: Kluwer Law International B.V.

ISBN: 9041128530

Category: Law

Page: 418

View: 764

At head of title: Kluwer Law International

PEICL

Author: Project Group Restatement of European Insurance Contract Law

Publisher: sellier. european law publ.

ISBN: 3866530692

Category: Law

Page: 667

View: 6039

In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

The Acte Clair in EC Direct Tax Law

Author: Ana Paula Dourado,Ricardo da Palma Borges

Publisher: IBFD

ISBN: 9087220367

Category: Direct taxation

Page: 516

View: 9957

Europäisches Vertragsrecht

Author: Hein Kötz

Publisher: Mohr Siebeck

ISBN: 9783161537677

Category: Law

Page: 549

View: 2437

English summary: This volume deals with the contract law of the European legal systems. What are the essential rules of these systems on the formation and validity of contracts? What rules apply to a party's right to bring a claim for performance, to terminate the contract or to claim damages for breach? While the discussion is based on the national rules, they are taken into account only as local variations on a European theme. To what extent is it therefore possible to speak of a common European law of contract? What contributions do the "Principles of European Contract Law" and the proposal of the "Draft Common Frame of Reference" make? This book is not only aimed at helping to teach young Europeans lawyers, but also strives to assist those engaged in the reform of national contract law or the drafting of uniform European legislation. The first 1996 edition of the volume has now been updated and completed. German description: Unter "Europaischem Vertragsrecht" versteht dieses Buch die Regeln, die den Rechtsordnungen der europaischen Lander gemeinsam sind: Wie kommt ein gultiger Vertrag zustande? Nach welchen Regeln wird beurteilt, ob eine Vertragspartei die Erfullung des Vertrages verlangen, von dem Vertrag Abstand nehmen, ihn widerrufen oder kundigen oder den Kontrahenten auf Schadensersatz in Anspruch nehmen kann? Lassen sich auf dem Gebiet des Vertragsrechts gemeineuropaische Strukturen auffinden? Gibt es allgemein akzeptierte Regeln? Wie sind sie zu formulieren, wenn man die "Prinzipien des Europaischen Vertragsrechts" oder die Vorschlage des "Draft Common Frame of Reference" berucksichtigt? Dabei werden die Losungen der nationalen Rechtsordnungen ausfuhrlich - wenn auch stets nur als nationale Variationen eines europaischen Themas - behandelt. Das Buch kann deshalb bei der rechtsvergleichenden Ausbildung der jungen europaischen Juristen eine Rolle spielen, ferner auch dort, wo e s um die Vorbereitung europaischen Gesetzesrechts oder um die Reform der nationalen Vertragsrechte geht. Das Buch ist in einer ersten unvollstandigen Auflage schon 1996 erschienen. Die Neuauflage bringt den Text auf den neuen Stand und erganzt ihn um die damals noch fehlenden Abschnitte.

Rights in Context

Law and Justice in Late Modern Society

Author: Professor Reza Banakar

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497313

Category: Law

Page: 368

View: 9156

This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.

Europäisches Verwaltungsrecht

Author: Thomas von Danwitz

Publisher: Springer Science & Business Media

ISBN: 3540798773

Category: Law

Page: 720

View: 2809

Mit dem Europäischen Verwaltungsrecht behandelt das Buch ein wenig übersichtliches Rechtsgebiet. Ausgehend von einer rechtsvergleichenden Grundlegung wird zunächst die Basis des Europäischen Verwaltungsrechts dargestellt. Zwei zentrale Kapitel erfassen das Eigenverwaltungsrecht und das Gemeinschaftsverwaltungsrecht mit ihren spezifischen Zielsetzungen. Die Auswertung der einschlägigen Rechtsprechung zeigt die Erscheinungsformen und die systematischen Zusammenhänge der Rechtsmaterie ebenso wie ihre konkrete Relevanz für die Rechtspraxis.

Judicial Review in European Union Law:Essays in Honour of Lord Slynn

Author: Gordon Slynn Baron Slynn of Hadley

Publisher: Kluwer Law International B.V.

ISBN: 904111372X

Category: Law

Page: 674

View: 7031

Paradigm in Judicial Review

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