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Author : Loïc Azoulai
Publisher : Hart Publishing Plc
ISBN 13 : 9781782259367
Total Pages : pages
Book Rating : 4.2/5 (593 download)
Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Hart Publishing Plc. This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Loïc Azoulai
Publisher : Bloomsbury Publishing
ISBN 13 : 178225935X
Total Pages : 339 pages
Book Rating : 4.7/5 (822 download)
Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Author : Nuno Ferreira
Publisher : Cambridge University Press
ISBN 13 : 1107077222
Total Pages : 447 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Human Face of the European Union written by Nuno Ferreira and published by Cambridge University Press. This book was released on 2016-08-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.
Author : Koen Lenaerts
Publisher : Bloomsbury Publishing
ISBN 13 : 150993085X
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)
Download or read book Building the European Union written by Koen Lenaerts and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
Author : Niamh Nic Shuibhne
Publisher : Oxford University Press
ISBN 13 : 0198886292
Total Pages : 225 pages
Book Rating : 4.1/5 (988 download)
Download or read book Revisiting the Fundamentals of the Free Movement of Persons in EU Law written by Niamh Nic Shuibhne and published by Oxford University Press. This book was released on 2023-08-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Author :
Publisher :
ISBN 13 : 9781509930876
Total Pages : 352 pages
Book Rating : 4.9/5 (38 download)
Download or read book Building the European Union written by and published by . This book was released on with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by Jos ̌Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted."--
Author : Daniel Augenstein
Publisher : Routledge
ISBN 13 : 131711521X
Total Pages : 224 pages
Book Rating : 4.3/5 (171 download)
Download or read book 'Integration through Law' Revisited written by Daniel Augenstein and published by Routledge. This book was released on 2016-05-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.
Author : Michelle Everson
Publisher : Routledge
ISBN 13 : 1134070667
Total Pages : 493 pages
Book Rating : 4.1/5 (34 download)
Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0199275521
Total Pages : 294 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Judicial Construction of Europe written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2004-09-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutionalchange in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolutionof supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking andgovernance; and why national administration and justice have been steadily 'Europeanized'.Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Author : Zane Rasnača
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (1 download)
Download or read book First Or One Among Equals? written by Zane Rasnača and published by . This book was released on 2017 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument that the Court of Justice of the European Union (CJEU) is important in the development of European Union law has been present in legal and political science research for years. At the same time, some under-researched questions remain. Among those is the CJEU’s impact on the lawmaking process at the EU level and the way the development of EU law steers the case law in response. Further, the theoretical implications of any such 'horizontal' interaction remain under-explored, especially since the major theories in this area tend to see the Court’s relationship with the lawmakers (both the member states in their role as Treaty-makers and the EU legislature) in conflictual rather than complementary terms. This thesis analyses the role of the CJEU in constructing EU level social policy and proposes to conceptualise the relationship between the CJEU and lawmakers in a novel way. First, this thesis explores the interaction between the Court and the Union lawmakers, how this interaction operates in practice and whether there is an overlap between what the Court and Union lawmakers are occupied with. By using both large scale process tracing and a detailed case study method, I show that there is a remarkable (but not omnipresent) degree of interaction between the CJEU and the lawmakers at various levels. Second, I consider what my results mean for the constitutional understanding of the CJEU’s role and its relationship with the lawmakers. I argue in favour of adopting a modified version of the theory of constitutional dialogue in order to better accommodate the actual nature of the CJEU’s relationship with the lawmakers and in order to facilitate the interaction from the specific standpoint of the CJEU. In the last part of my thesis, I explore how this interaction could be turned into a conscious, coordinated process – the coordinated construction of EU social policy law.
Author : Adam Lazowski
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067044295
Total Pages : 0 pages
Book Rating : 4.0/5 (442 download)
Download or read book The Application of EU Law in the New Member States written by Adam Lazowski and published by T.M.C. Asser Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.
Author : J. M. Smits
Publisher : Intersentia nv
ISBN 13 : 9050951910
Total Pages : 322 pages
Book Rating : 4.0/5 (59 download)
Download or read book The Making of European Private Law written by J. M. Smits and published by Intersentia nv. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Author : Samuli Hurri
Publisher : Routledge
ISBN 13 : 1317938402
Total Pages : 265 pages
Book Rating : 4.3/5 (179 download)
Download or read book Birth of the European Individual written by Samuli Hurri and published by Routledge. This book was released on 2014-06-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.
Author : Julie Dickson
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)
Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
ISBN 13 : 144389995X
Total Pages : 365 pages
Book Rating : 4.4/5 (438 download)
Download or read book Constructing Modern European Private Law written by Ivan Sammut and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.
Author : Koenraad Lenaerts
Publisher :
ISBN 13 : 9781509923694
Total Pages : 306 pages
Book Rating : 4.9/5 (236 download)
Download or read book An Ever-changing Union? written by Koenraad Lenaerts and published by . This book was released on 2019 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Allan Rosas is one of the leading European Union jurists of a generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice, to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever closer union? With essays exploring topics as diverse as national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career"--
Author : Charlotte O'Brien
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918523
Total Pages : 249 pages
Book Rating : 4.5/5 (99 download)
Download or read book Unity in Adversity written by Charlotte O'Brien and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.
