Constitutional Identity in a Europe of Multilevel Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess

Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

Reinforcing Rule of Law Oversight in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

EU Law in Populist Times

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Publisher : Cambridge University Press
ISBN 13 : 1108485081
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis EU Law in Populist Times by : Francesca Bignami

Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Defending Checks and Balances in EU Member States

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Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Constitutional Identity

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Publisher : Harvard University Press
ISBN 13 : 0674047664
Total Pages : 389 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Identity by : Gary J. Jacobsohn

Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Constitutional Law of 15 EU Member States

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Publisher :
ISBN 13 : 9789041124333
Total Pages : 979 pages
Book Rating : 4.1/5 (243 download)

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Book Synopsis Constitutional Law of 15 EU Member States by : Lucas Prakke

Download or read book Constitutional Law of 15 EU Member States written by Lucas Prakke and published by . This book was released on 2005-01-01 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in Dutch in 1981. It was called `Het staatsrecht van de landen der Europese Gemeenschappen' (Constitutional Law of the EC Member States) and covered the then nine member states of the European Communities. Since that time, new editions have come to include new member states. The fifth edition, which was published in 1998, dealt with all fifteen countries that belonged to the European Union before the accession of ten new ones in 2004. An updated sixth edition, containing chapters on the same fifteen countries, was published in the spring of 2004. It is this sixth edition which is now presented in an English translation for the first time. The work describes in depth, though not in detail, the constitutional systems of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. Each chapter starts with a sketch of the constitutional history as an indispensable background to a proper understanding of the relevant constitution as it operates today. The outline of the constitutional system which follows deals with the sources of constitutional law, the federal or unitary character of the state (or something in between!), the head of state, the government, parliament, executive-legislative relationships, the legislative process, parliamentary scrutiny of government activity, electoral system, political parties, post-World War II election results and governments, the judiciary, regional and local government, and fundamental rights. The chapters conclude with a short bibliography. This book has been a highly successful teaching and research tool in the Netherlands for almost 25 years, and it is hoped its English edition will now fulfill the same function for a wider audience. The authors are all recognized authorities in the field of comparative constitutional law, many of them having extensive practical experience as politicians, judges or senior civil servants.

EU Constitutional Law

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Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Constitutional Law by : Koen Lenaerts

Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Constitutionalism and the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams

Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Principles of European Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731550X
Total Pages : 856 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

European Constitutional Courts towards Data Retention Laws

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Publisher : Springer Nature
ISBN 13 : 3030571890
Total Pages : 384 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European Constitutional Courts towards Data Retention Laws by : Marek Zubik

Download or read book European Constitutional Courts towards Data Retention Laws written by Marek Zubik and published by Springer Nature. This book was released on 2020-10-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.

Constitutional Principles of EU External Relations

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Publisher : Oxford University Press, USA
ISBN 13 : 0199546681
Total Pages : 407 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Constitutional Principles of EU External Relations by : Geert De Baere

Download or read book Constitutional Principles of EU External Relations written by Geert De Baere and published by Oxford University Press, USA. This book was released on 2008 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how foreign policy fits within the complex constitutional structure of the EU, providing both an analysis of the constitutional reality of EU foreign policy and a theoretical analysis suggesting possibilities for reform.

The Constitutional Framework for Enhanced Cooperation in EU Law

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Publisher : BRILL
ISBN 13 : 9004459154
Total Pages : 409 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Constitutional Framework for Enhanced Cooperation in EU Law by : Robert Böttner

Download or read book The Constitutional Framework for Enhanced Cooperation in EU Law written by Robert Böttner and published by BRILL. This book was released on 2021-02-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

The Rise and Fall of the EU’s Constitutional Treaty

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004168060
Total Pages : 581 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Rise and Fall of the EU’s Constitutional Treaty by : Finn Laursen

Download or read book The Rise and Fall of the EU’s Constitutional Treaty written by Finn Laursen and published by Martinus Nijhoff Publishers. This book was released on 2008-07-31 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.

The Law of the European Union and the European Communities

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

East African Community Law

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Publisher : BRILL
ISBN 13 : 9004322078
Total Pages : 553 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis East African Community Law by : Emmanuel Ugirashebuja

Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

The ABC of European Union Law

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Publisher : Office for Official Publications of the European Communities
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt

Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.