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Europeanisation Of Public Law
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Book Synopsis Europeanisation of Public Law by : Jacobine Elisabeth Brink
Download or read book Europeanisation of Public Law written by Jacobine Elisabeth Brink and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]
Book Synopsis European Public Law by : Patrick Birkinshaw
Download or read book European Public Law written by Patrick Birkinshaw and published by Cambridge University Press. This book was released on 2003-02 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.
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.
Book Synopsis The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by : Sabino Cassese
Download or read book The Max Planck Handbooks in European Public Law: Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Book Synopsis The Europeanisation of Law by : Francis Snyder
Download or read book The Europeanisation of Law written by Francis Snyder and published by Bloomsbury Publishing. This book was released on 2000-09-25 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of interrelated essays by many past and present members of the EUI Law Department. The contributors are all well-known specialists in their fields,whose essays address such issues as the effects of integration upon certain national laws, the elaboration of EU law to provide a new framework for or replacement for national laws, the piece-meal development of specific legal strands of EU law and their intertwining with national or international laws, and the indirect and sometimes unintended consequences of European integration with regard to national, EU, or international law.
Book Synopsis New Directions in European Public Law by : Jack Beatson
Download or read book New Directions in European Public Law written by Jack Beatson and published by Bloomsbury Publishing. This book was released on 1998-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.
Book Synopsis Public Administration in Germany by : Sabine Kuhlmann
Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Book Synopsis European Union Public Law by : Damian Chalmers
Download or read book European Union Public Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2007-08-16 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its publication in 2006, European Union Law has quickly established itself as one of the leading textbooks in the field, providing the student with both a comprehensive text and collection of materials. European Union Public Law brings together those sections of the title which look at the constitutional and institutional law of the EU, making it ideal for students undertaking a more focused study of the Union. Its proven successful combination of a highly accessible style, a 'law in context' approach which looks at the law in its wider political and social context and collection of interdisciplinary materials make this an essential text for those students concerned with the institutional and political workings of the Union. European public law students, European studies students and politics students will find this text invaluable, at both undergraduate and postgraduate level.
Book Synopsis European Public Law by : Patrick Birkinshaw
Download or read book European Public Law written by Patrick Birkinshaw and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Public Law' analyses the development of the rule of law under European influence since the 1960s and offers an extended examination of the nature of the development which has had profound practical and legal consequences for Europe and the United Kingdom (UK). The sphere of public law is ill defined and controversial. Taking the broad view that it comprises aspects of constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy - areas that link legal control to broad governmental purposes? the third edition of this established and much-praised work expands its examination on the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems to include the currently all-important challenge of Brexit.
Book Synopsis Convergence and Divergence in European Public Law by : Paul Beaumont
Download or read book Convergence and Divergence in European Public Law written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2002-06-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).
Book Synopsis UK Public Law and European Law by : Gordon Anthony
Download or read book UK Public Law and European Law written by Gordon Anthony and published by Bloomsbury Publishing. This book was released on 2002-05-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.
Book Synopsis Europeanisation of Administrative Justice? by : Mariolina Eliantonio
Download or read book Europeanisation of Administrative Justice? written by Mariolina Eliantonio and published by ISBS. This book was released on 2009 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.
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
Book Synopsis The Principle of Proportionality in European Law:A Comparative Study by : Nicholas Emiliou
Download or read book The Principle of Proportionality in European Law:A Comparative Study written by Nicholas Emiliou and published by Springer. This book was released on 1996-02-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Book Synopsis The Europeanisation of International Law by : Jan Wouters
Download or read book The Europeanisation of International Law written by Jan Wouters and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.
Download or read book EU Ordre Public written by Tim Corthaut and published by Kluwer Law International B.V.. This book was released on 2012-10-26 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following: international trade law and arbitration; public international law; the ECHR and EctHR; public policy exceptions to the four freedoms; European citizenship; competition law; national and EU procedural law; and protection of social and labour standards. In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-02-27 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.
