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Establishing The Supremacy Of European Law
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Book Synopsis Establishing the Supremacy of European Law by : Karen J. Alter
Download or read book Establishing the Supremacy of European Law written by Karen J. Alter and published by Oxford University Press on Demand. This book was released on 2002 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty.
Book Synopsis Establishing the Supremacy of European Law by : K. Alter
Download or read book Establishing the Supremacy of European Law written by K. Alter and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Court's Political Power by : Karen Alter
Download or read book The European Court's Political Power written by Karen Alter and published by Oxford University Press. This book was released on 2010-06-17 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development andcurrent concerns.Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, withthe critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains thatthe differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives.Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.
Book Synopsis The Interaction Between Europe's Legal Systems by : Giuseppe Martinico
Download or read book The Interaction Between Europe's Legal Systems written by Giuseppe Martinico and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Book Synopsis Towards a European Public Law by : Bernard Stirn
Download or read book Towards a European Public Law written by Bernard Stirn and published by Oxford University Press. This book was released on 2017-04-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Author :Gian Antonio Benacchio Publisher :Central European University Press ISBN 13 :9637326367 Total Pages :331 pages Book Rating :4.6/5 (373 download)
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 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
Book Synopsis Great Judgments of the European Court of Justice by : William Phelan
Download or read book Great Judgments of the European Court of Justice written by William Phelan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Book Synopsis The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts by : Sim Haket
Download or read book The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts written by Sim Haket and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.
Book Synopsis European Union Law for the Twenty-First Century: Volume 2 by : Τάκης Τριδίμας
Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Τάκης Τριδίμας and published by Hart Publishing. This book was released on 2004-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.
Book Synopsis The Past and Future of EU Law by : Luis Miguel Poiares Pessoa Maduro
Download or read book The Past and Future of EU Law written by Luis Miguel Poiares Pessoa Maduro and published by Bloomsbury Publishing. This book was released on 2010-02-05 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Book Synopsis The Past and Future of EU Law by : Luis Miguel Poiares Pessoa Maduro
Download or read book The Past and Future of EU Law written by Luis Miguel Poiares Pessoa Maduro and published by Bloomsbury Publishing. This book was released on 2010-02-05 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Book Synopsis European Law Essentials by : Stephanie Switzer
Download or read book European Law Essentials written by Stephanie Switzer and published by Edinburgh University Press. This book was released on 2014-03-13 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union enjoys the competence to make laws in a wealth of areas, from environmental protection to agricultural policy. This competence is the result of many years of building and promoting European-level co-operation and integration. European Law Essentials explores the legal development of the EU. It introduces the background history of the union, then moves on to look at membership, institutions, community law, supremacy, direct effect, state liability, preliminary rulings and judicial review, and finishes by looking to the future of law in the EU. End-of-chapter summaries flag up the essential facts and essential cases, and the book includes tables of cases, statues and European legislation.
Book Synopsis The Application of EU Law in the New Member States by : Adam Lazowski
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.
Book Synopsis The Evolution of EU Law by : Paul Craig
Download or read book The Evolution of EU Law written by Paul Craig and published by OUP Oxford. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
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 - Nijhoff. This book was released on 2017 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in EAC and EU law, including the President of the EACJ, East African Community Law is the first comprehensive and open-access text book on EAC law which also provides a systemic comparison with the EU.
Book Synopsis European Union Law by : Alina Kaczorowska-Ireland
Download or read book European Union Law written by Alina Kaczorowska-Ireland and published by Routledge. This book was released on 2012-09-10 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, European Union Law has been fully revised and updated following the entry into force of the Lisbon Treaty in December 2009. The book contains entirely new chapters on the Protection of Human Rights in the EU; the Area of Freedom, Security and Justice and the Common Foreign and Security Policy. Specifically written to give law students detailed up-to-date knowledge of all main areas of EU law, the book provides an in-depth and detailed examination of, and commentary on the areas of institutional and of substantive EU law forming the syllabus of standard academic courses on EU law. Unlike other texts this book successfully combines authoritative text with case summaries and judgments, these being highlighted in colour tinted boxes for easy identification. The author identifies the relevant points and key facts of the leading cases and discusses the judgments in detail, often in the light of subsequent developments. Student-friendly features include: short summaries at the beginning of each chapter outlining the topics and concepts covered an aide-memoire at the end of each chapter to highlight and reflect the main points a recommended reading list at the end of each chapter to facilitate further research a map identifying EU Member States (with accession dates) and candidate states a Companion Website featuring updates twice yearly; annotated links to online sources of interest and essay style self-test questions with suggested answers. This book is an essential resource for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.
Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
