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Author : Carol Harlow
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (318 download)
Download or read book "Francovich" and the Problem of the Disobedient State written by Carol Harlow and published by . This book was released on 1996 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Damian Chalmers
Publisher : Cambridge University Press
ISBN 13 : 1139487884
Total Pages : 1209 pages
Book Rating : 4.1/5 (394 download)
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
Author :
Publisher : Oxford University Press
ISBN 13 : 0198915543
Total Pages : 1345 pages
Book Rating : 4.1/5 (989 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page 1345 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gian Antonio Benacchio
Publisher : Central European University Press
ISBN 13 : 9637326367
Total Pages : 331 pages
Book Rating : 4.6/5 (373 download)
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.
Author : Stephen Weatherill
Publisher : Oxford University Press
ISBN 13 : 0198748809
Total Pages : 721 pages
Book Rating : 4.1/5 (987 download)
Download or read book Cases and Materials on EU Law written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.
Author : Miguel Poiares Maduro
Publisher : Cambridge University Press
ISBN 13 : 1107157943
Total Pages : 383 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Transformation of Europe written by Miguel Poiares Maduro and published by Cambridge University Press. This book was released on 2017-09-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252800
Total Pages : 553 pages
Book Rating : 4.7/5 (822 download)
Download or read book Damages and Human Rights written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Author : Andrew P. Cortell
Publisher : Lexington Books
ISBN 13 : 9780739106068
Total Pages : 254 pages
Book Rating : 4.1/5 (6 download)
Download or read book Altered States written by Andrew P. Cortell and published by Lexington Books. This book was released on 2003 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging dominant assumptions in international relations, Altered States demonstrates that national political institutions change more frequently--and less dramatically--than is commonly thought and with important consequences for the political landscape. Combining theory with solid empirical research--including archival evidence and interviews--the contributors explore the causes and consequences of institutional transformation in the United States, Western and Eastern Europe, Russia and the former Soviet Republics, and Cuba. Altered States highlights the dynamic and interactive relationship between national political institutions and reform-minded policy entrepreneurs, a perspective that will interest scholars and policy makers alike.
Author : Gordon Anthony
Publisher : Hart Publishing
ISBN 13 : 1841131482
Total Pages : 227 pages
Book Rating : 4.8/5 (411 download)
Download or read book UK Public Law and European Law written by Gordon Anthony and published by Hart Publishing. This book was released on 2002-05-11 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law.
Author : Herbert Smith Professor of Law Piet Eeckhout
Publisher : Oxford University Press, USA
ISBN 13 : 0199571252
Total Pages : 779 pages
Book Rating : 4.1/5 (995 download)
Download or read book Yearbook of European Law 2009 written by Herbert Smith Professor of Law Piet Eeckhout and published by Oxford University Press, USA. This book was released on 2010-02-25 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
Author : Takis Tridimas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311210
Total Pages : 492 pages
Book Rating : 4.8/5 (473 download)
Download or read book European Union Law for the Twenty-First Century: Volume 1 written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2004-09-28 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on contributions made to the WG Hart Workshop 2003. It contains articles by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and to contribute to the current debate on the European Constitution. The first volume concentrates on the themes of European Constitutionalism and EU external relations. It analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of national parliaments, democracy in the EU, human rights, and the Court of Justice. It also contains articles on EU external relations covering, among others, enlargement, the common foreign and security policy, immigration and asylum policy, and the relations between the EU and the WTO.
Author : Damian Chalmers
Publisher : Cambridge University Press
ISBN 13 : 1139467220
Total Pages : 465 pages
Book Rating : 4.1/5 (394 download)
Download or read book European Union Public Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2007-09-24 with total page 465 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.
Author : Pekka Aalto
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318193
Total Pages : 212 pages
Book Rating : 4.8/5 (473 download)
Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Author : Santiago Montt
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315488
Total Pages : 460 pages
Book Rating : 4.8/5 (473 download)
Download or read book State Liability in Investment Treaty Arbitration written by Santiago Montt and published by Bloomsbury Publishing. This book was released on 2009-11-30 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.
Author : J. H. H. Weiler
Publisher : Cambridge University Press
ISBN 13 : 9780521796712
Total Pages : 256 pages
Book Rating : 4.7/5 (967 download)
Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author : Michael Dougan
Publisher : Hart Publishing
ISBN 13 : 1841133957
Total Pages : 475 pages
Book Rating : 4.8/5 (411 download)
Download or read book National Remedies Before the Court of Justice written by Michael Dougan and published by Hart Publishing. This book was released on 2004-12-31 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement.
