The Choice of Legal Basis for Acts of the European Union

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Publisher : Springer
ISBN 13 : 3030002748
Total Pages : 152 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Choice of Legal Basis for Acts of the European Union by : Annegret Engel

Download or read book The Choice of Legal Basis for Acts of the European Union written by Annegret Engel and published by Springer. This book was released on 2018-09-10 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.

Legal Bases of Education

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Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Bases of Education by :

Download or read book Legal Bases of Education written by and published by . This book was released on 1980 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

General average, legal basis and applicable law

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Publisher : Paris Legal Publishers Uitgeverij Paris
ISBN 13 : 9462511233
Total Pages : 441 pages
Book Rating : 4.4/5 (625 download)

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Book Synopsis General average, legal basis and applicable law by : Jolien Kruit

Download or read book General average, legal basis and applicable law written by Jolien Kruit and published by Paris Legal Publishers Uitgeverij Paris. This book was released on 2017-02-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.

The Constitutional and Legal Bases for State Action in Education, 1900-1968

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Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitutional and Legal Bases for State Action in Education, 1900-1968 by : George J. Collins

Download or read book The Constitutional and Legal Bases for State Action in Education, 1900-1968 written by George J. Collins and published by . This book was released on 1968 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Critical Analysis of the Legal Bases of the Powers, Duties, and Qualifications for the County School Superintendent in Georgia, 1777-1952

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Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis A Critical Analysis of the Legal Bases of the Powers, Duties, and Qualifications for the County School Superintendent in Georgia, 1777-1952 by : Lloyd Eldred Ferrell

Download or read book A Critical Analysis of the Legal Bases of the Powers, Duties, and Qualifications for the County School Superintendent in Georgia, 1777-1952 written by Lloyd Eldred Ferrell and published by . This book was released on 1952 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Handbook of the International Law of Military Operations

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Publisher : Oxford University Press
ISBN 13 : 0191062081
Total Pages : 785 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Handbook of the International Law of Military Operations by : Terry D. Gill

Download or read book The Handbook of the International Law of Military Operations written by Terry D. Gill and published by Oxford University Press. This book was released on 2015-12-10 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

Constitutional Law of the EU’s Common Foreign and Security Policy

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925953
Total Pages : 420 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Law of the EU’s Common Foreign and Security Policy by : Graham Butler

Download or read book Constitutional Law of the EU’s Common Foreign and Security Policy written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020; Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021; and, Opinion of Advocate General Tamara Capeta in Joined Cases C-29/22 P and C-44/22 P, KS, KD v Council of the European Union, European Commission, and European External Action Service (EEAS), and European Commission v KS, KD, Council of the European Union, and European External Action Service (EEAS), ECLI:EU:C:2023:901, Court of Justice of the European Union (Grand Chamber), 23 November 2023.

EU Environmental Law and Policy

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Publisher : Oxford University Press
ISBN 13 : 0198753926
Total Pages : 433 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis EU Environmental Law and Policy by : David Langlet

Download or read book EU Environmental Law and Policy written by David Langlet and published by Oxford University Press. This book was released on 2016 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible and comprehensive resource, this volume details the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment.

EU Justice and Home Affairs Law

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Publisher : OUP Oxford
ISBN 13 : 0191635456
Total Pages : 1104 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Justice and Home Affairs Law by : Steve Peers

Download or read book EU Justice and Home Affairs Law written by Steve Peers and published by OUP Oxford. This book was released on 2012-08-30 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Justice and Home Affairs Law is comprehensively updated and expanded to take account of the major changes introduced by the Treaty of Lisbon and the development of legislation and case-law since the last edition. It includes analysis of the widened jurisdiction of the EU's Court of Justice, the revised rules on the participation of the UK, Ireland and Denmark and relations with non-EU countries in this field, and of the impact of the new framework for human rights law in the EU, including the binding status of the EU's Charter of Fundamental Rights and the EU accession to the ECHR. In the area of immigration and asylum law, this new edition scrutinizes a wide range of issues that include; the development of the EU's border control agency; the adoption of an EU visas code; EU databases (such as the Visa Information System and the second-generation Schengen Information System); the further development of the Common European Asylum System; the EU's Returns Directive; and the Blue Card Directive for the admission of highly-skilled workers. In the area of civil law, this new edition contains an updated overview of recent legislation, including EU rules on conflicts of law, maintenance, payment orders, small claims, and mediation. As regards criminal law and policing, the new edition includes detailed analysis of EU legislation and case law on issues such as suspects' and victims' rights, the European Arrest Warrant, the transfer of prisoners, other post-trial and pre-trial decisions, double jeopardy rules, EU anti-terrorist sanctions, data protection, and the development of Europol and Eurojust.

EU Environmental Law and the Internal Market

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Publisher : OUP Oxford
ISBN 13 : 0191663514
Total Pages : 2992 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Environmental Law and the Internal Market by : Nicolas de Sadeleer

Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 2992 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

The Substantive Law of the EU

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Publisher :
ISBN 13 : 0198830890
Total Pages : 739 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Substantive Law of the EU by : Catherine Barnard

Download or read book The Substantive Law of the EU written by Catherine Barnard and published by . This book was released on 2019 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook focuses on the law of the four freedoms of the EU, and is ideal for undergraduate courses covering the substantive law of the EU. Catherine Barnard outlines the core issues in an engaging and accessible manner and includes case studies to illustrate and develop points.

EU External Relations Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509939717
Total Pages : 1048 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU External Relations Law by : Graham Butler

Download or read book EU External Relations Law written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2022-06-02 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

Oxford Principles of European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0199533776
Total Pages : 1441 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Oxford Principles of European Union Law by : Robert Schütze

Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website

International Law and...

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509908153
Total Pages : 555 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law and... by : August Reinisch

Download or read book International Law and... written by August Reinisch and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

EU Law of the Overseas

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904113445X
Total Pages : 538 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 2011-01-01 with total page 538 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.

European Union Law

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Publisher : Routledge
ISBN 13 : 1317200071
Total Pages : 1554 pages
Book Rating : 4.3/5 (172 download)

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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 2016-05-26 with total page 1554 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; End of chapter recommended reading lists to encourage and facilitate further research; End of chapter problem and essay questions testing the students’ ability to apply what they have learnt; Cross-references to show how topics are interrelated; and A map identifying EU Member States, candidate States; and, potential candidate States. The book’s companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading 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.

The Law of Whistleblowing

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Publisher : BRILL
ISBN 13 : 9004459812
Total Pages : 108 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Law of Whistleblowing by : Valsamis Mitsilegas

Download or read book The Law of Whistleblowing written by Valsamis Mitsilegas and published by BRILL. This book was released on 2021-12-13 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Whistleblowing: Cross-disciplinary, Contextual and Comparative Perspectives provides a contextual and cross-disciplinary analysis of legal responses to whistleblowing from a comparative perspective. Examining developments in criminal, labour, corporate and administrative law, contributions in this volume provide one of the first comprehensive analyses of the emerging multi-level legal framework to protect whistleblowers.