Droit Institutionnel De Lunion Et Des Communautes Europeennes

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The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
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.

EU Law of the Overseas

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142738
Total Pages : 569 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Law of the Overseas by : Dimitry Kochenov

Download or read book EU Law of the Overseas written by Dimitry Kochenov and published by Kluwer Law International B.V.. This book was released on 2011-05-23 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’. Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

A Common Law for Europe

Author : Gian Antonio Benacchio
Publisher : Central European University Press
ISBN 13 : 6155053804
Total Pages : 328 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-09-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.

EU Public Contract Law

Author : Roberto Caranta
Publisher : Primento
ISBN 13 : 2802741675
Total Pages : 502 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis EU Public Contract Law by : Roberto Caranta

Download or read book EU Public Contract Law written by Roberto Caranta and published by Primento. This book was released on 2013-12-13 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.

International Tax Law

Author : Andrea Amatucci
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142258
Total Pages : 811 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Tax Law by : Andrea Amatucci

Download or read book International Tax Law written by Andrea Amatucci and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a century of solid theory behind it, tax law confronts a new reality: the weakening of the tenacious link between the sovereignty of states and taxation. Yet it is to the continuity of certain themes and principles inherent in the various national tax systems that tax law scholarship continues to look, even as it develops new principles designed to meet the expanding processes of internationalization. This completely updated collection of essays offers an expert comparative analysis, conducted by a sample of the best international tax law scholars, of the fundamental theory of tax law and of the prospects in the near future of tax legislative systems. The emphasis falls naturally on tax theory, jurisprudence, and legislative development in the Member States of the European Union (particularly in Italy, Germany, and Spain), where the process of tax harmonization has been under way for many years. The effect of these processes, via the relevant tax treaties, on the tax systems of Japan and the United States provides a secondary emphasis. Practitioners and academics in tax law will find in this book an invaluable understanding of the challenges that tax law theory strives to meet at this crucial moment in economic history. The essays present a full and reliable exposition of the current theoretical approaches adopted by the various schools of thought in the field, as well as of the main contributions of jurisprudence.

L'Union européenne et les Etats-Unis / The European Union and the United States

Author : Yann Echinard
Publisher : Primento
ISBN 13 : 2804456196
Total Pages : 303 pages
Book Rating : 4.8/5 (44 download)

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Book Synopsis L'Union européenne et les Etats-Unis / The European Union and the United States by : Yann Echinard

Download or read book L'Union européenne et les Etats-Unis / The European Union and the United States written by Yann Echinard and published by Primento. This book was released on 2013-02-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Les contributions regroupées dans cet ouvrage visent à comprendre les relations et influences à travers le temps entre l’Europe et les États-Unis. S’il existe des différences importantes entre le modèle de société américain et européen, si à certains moments de notre histoire, même récente, des divergences sont apparues, il est essentiel de rappeler les multiples convergences entre ces deux continents. Le couple euro-américain n’est pas un mythe et les évolutions géopolitique et géoéconomique futures ne devraient que l’inciter à approfondir et à intensifier les relations transatlantiques. Outre l’importance de l’objet d’étude traité, cet ouvrage produit une analyse pluridisciplinaire essentielle à la compréhension du sujet et s’appuie sur des auteurs ayant un regard multiculturel. The contributions gathered in this volume seek to understand the relations and influences across time between Europe and the United States. If there are significant differences between the model of American and European society, if at some point in our history, even recent, some divergences emerged, it is important to remember the numerous similarities between these two continents. Euro-American couple is not a myth and the future geopolitical and geo-economic developments should encourage them to deepen and strengthen transatlantic relations. Besides the importance of the treated study topic, this work supplies a multidisciplinary analysis, essential to the understanding of the subject and is based on authors having a multicultural view.

The SAGE Handbook of Public Administration

Author : B Guy Peters
Publisher : SAGE
ISBN 13 : 1473971136
Total Pages : 818 pages
Book Rating : 4.4/5 (739 download)

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Book Synopsis The SAGE Handbook of Public Administration by : B Guy Peters

Download or read book The SAGE Handbook of Public Administration written by B Guy Peters and published by SAGE. This book was released on 2012-08-16 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original Handbook of Public Administration was a landmark publication, the first to provide a comprehensive and authoritative survey of the discipline. The eagerly-awaited new edition of this seminal international handbook continues to provide a complete review and guide to past and present knowledge in this essential field of inquiry. Assembling an outstanding team of scholars from around the world, the second edition explores the current state-of-the-art in academic thinking and the current structures and processes for the administration of public policy. The second edition has been fully revised and updated, with new chapters that reflect emerging issues and changes within the public sector: - Identifying the Antecedents in Public Performance - Bureaucratic Politics - Strategy Structure and Policy Dynamics - Comparative Administrative Reform - Administrative Ethics - Accountability through Market and Social Instruments - Federalism and intergovernmental coordination. A dominant theme throughout the handbook is a critical reflection on the utility of scholarly theory and the extent to which government practices inform the development of this theory. To this end it serves as an essential guide for both the practice of public administration today and its on-going development as an academic discipline. The SAGE Handbook of Public Administration remains indispensable to the teaching, study and practice of public administration for students, academics and professionals everywhere.

Enforcement of International Contracts in the European Union

Author : Johan Meeusen
Publisher : Intersentia nv
ISBN 13 : 9050953727
Total Pages : 404 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Enforcement of International Contracts in the European Union by : Johan Meeusen

Download or read book Enforcement of International Contracts in the European Union written by Johan Meeusen and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.

The Principle of Mutual Recognition in EU Law

Author : Christine Janssens
Publisher :
ISBN 13 : 0199673039
Total Pages : 407 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Principle of Mutual Recognition in EU Law by : Christine Janssens

Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by . This book was released on 2013-10 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order this volume asks whether the principle as developed in the internal market, can and should be applied in judicial cooperation in criminal matters in the area of freedom, security, and justice.

Retail Depositor and Retail Investor Protection under EU Law

Author : Constantinos Tokatlides
Publisher : Taylor & Francis
ISBN 13 : 1317224205
Total Pages : 253 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Retail Depositor and Retail Investor Protection under EU Law by : Constantinos Tokatlides

Download or read book Retail Depositor and Retail Investor Protection under EU Law written by Constantinos Tokatlides and published by Taylor & Francis. This book was released on 2017-02-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.

Liber Amicorum Professor Ignaz Seidl-Hohenveldern

Author : Alfred Rest
Publisher : BRILL
ISBN 13 : 9004640967
Total Pages : 912 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Liber Amicorum Professor Ignaz Seidl-Hohenveldern by : Alfred Rest

Download or read book Liber Amicorum Professor Ignaz Seidl-Hohenveldern written by Alfred Rest and published by BRILL. This book was released on 2023-12-04 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum is dedicated to one of the most outstanding international lawyers, Professor Seidl-Hohenveldern, in celebration of his eightieth birthday. Professor Seidl-Hohenveldern is known throughout the academic world for his profound contributions to the theory and practice of international law. He has also acted as arbitrator in a number of international cases and was President of the UN Conference on State Succession in respect of State Property, Archives and Debts. The contents of this Liber Amicorum reflect the broad activities of Professor Seidl-Hohenveldern, both in his academic and practical work. The fields covered include: - international public law; - international private law; - international economic law; - international human rights law; - international environmental law; and - European law. The contributions, from well-known authors worldwide, display an interesting and valuable spectrum of the current state of the law. Thus, the work covers a wide range of different topics of international law and different positions on developments in recent years.

EU Constitutional Law

Author : Allan Rosas
Publisher : Bloomsbury Publishing
ISBN 13 : 150990915X
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Constitutional Law by : Allan Rosas

Download or read book EU Constitutional Law written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.

EC Private Antitrust Enforcement

Author : Assimakis Komninos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314082
Total Pages : 366 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos

Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Bloomsbury Publishing. This book was released on 2008-02-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

The Legislative Priority Rule and the EU Internal Market for Goods

Author : Eadaoin Ní Chaoimh
Publisher : Oxford University Press
ISBN 13 : 0192669087
Total Pages : 321 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Legislative Priority Rule and the EU Internal Market for Goods by : Eadaoin Ní Chaoimh

Download or read book The Legislative Priority Rule and the EU Internal Market for Goods written by Eadaoin Ní Chaoimh and published by Oxford University Press. This book was released on 2022-08-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.

Law in Greater Europe

Author : Bruno Haller
Publisher : BRILL
ISBN 13 : 900448244X
Total Pages : 488 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Law in Greater Europe by : Bruno Haller

Download or read book Law in Greater Europe written by Bruno Haller and published by BRILL. This book was released on 2021-10-11 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of studies intends to honour Heinrich Klebes, who both as a distinguished international civil servant and as a scholar and analyst has made and continues to make an important contribution to the development of European cooperation in general and within the Council of Europe in particular. At the same time, it offers a unique and stimulating analysis of the development of a common body of law in the wider Europe. The twenty-nine articles contained in this volume are grouped together under five headings: - commitment to democratic standards; - protection of human rights and fundamental freedoms; - the Council of Europe in context; - the common legal space; - common problems of democracy and transatlantic relations.

Governing diversity

Author : Isabelle Rorive
Publisher : Editions de l'Université de Bruxelles
ISBN 13 : 2800416890
Total Pages : 386 pages
Book Rating : 4.8/5 (4 download)

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Book Synopsis Governing diversity by : Isabelle Rorive

Download or read book Governing diversity written by Isabelle Rorive and published by Editions de l'Université de Bruxelles. This book was released on 2019-05-22 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 2000s, the European Union has witnessed a significant change in terms of integration policies for immigrants. This book intends to address the relationship between, on the one hand, cultural diversity resulting from migration, and, on the other hand, social cohesion and social justice within Western societies. In order to do this, the authors examine what can be described as two contradictory trends in recent public policies towards foreign people or people with a foreign origin. A book that aims to provide a trans-disciplinary analysis of the construction of “otherness” in North America and Europe. EXTRAIT In October 2010, in a very polemic context on immigration and immigrant integration, the German Chancellor, Angela Merkel, announced that Germany was to be considered a multicultural failure, words that were soon echoed by the Belgian Prime Minister Yves Leterme. A few months later, the British Prime Minister David Cameron and the French President Nicolas Sarkozy announced the failure of multiculturalism in almost identical terms. These sensational statements, which by and large avoid defining the concept of multiculturalism, are based on a reaffirmation of “Western values” and strengthening of national identity. These statements express the need to review the policies on integration of immigrants, in the sense that they should be more active and voluntarist, more organized by the state and more supported by the EU. In the background, one can see fear for Islamic extremism, but also the idea that the nation states can put some obligations on immigrants, and that for a too long time we have been focusing on “those who arrive”, rather than on “the society that welcomes them”. These speeches are situated in a politico-legal context that in recent years was characterized by an ambivalent attitude towards diversity in Europe. On the one hand, we have seen accusations of racial, ethnic and religious discrimination, based on antidiscrimination legislation boosted by a strong European equality legal framework. On the other hand, we have seen denouncements of the perceived risk posed by Islam in Europe. These policy statements are also a result of numerous publications, often widely discussed in the media that outline the dangers of Islam in Europe (especially in the Netherlands). These political positions have also led to political decisions demonstrating the lack of legitimacy of Islam in Europe, such as the ban on building minarets in Switzerland or the Burqa bans adopted in the name of protecting national values and the “living together”, notably in France and Belgium (2011).

Collegiality in the European Commission

Author : Maria Patrin
Publisher : Oxford University Press
ISBN 13 : 0198873727
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Collegiality in the European Commission by : Maria Patrin

Download or read book Collegiality in the European Commission written by Maria Patrin and published by Oxford University Press. This book was released on 2023-12-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.