Making European Law

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The Brussels Effect

Author : Anu Bradford
Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Making European Private Law

Author : Fabrizio Cafaggi
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441274
Total Pages : 369 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Making European Private Law by : Fabrizio Cafaggi

Download or read book Making European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

EU Law-Making in Principle and Practice

Author : Edward Best
Publisher :
ISBN 13 : 9789292030261
Total Pages : 0 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis EU Law-Making in Principle and Practice by : Edward Best

Download or read book EU Law-Making in Principle and Practice written by Edward Best and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing the European Union offers a coherent overview of how particular pieces of EU law are produced and shows how they are actually adopted, from start to finish, resulting in an account of the process which is of both practical and academic interest. The title presents a holistic view of EU law-making using an adapted 'policy cycle', giving a concise account of the principles and practices involved in policy initiation, legislative decision-making, and delegated and implementing acts, as well as considering EU law-making in the perspective of good governance. The title includes many procedural details, as well as illustrative examples, which are not found in other books. Chapters include: - EU Law-Making and the Policy Cycle - Policy Initiation: the European Commission - Legislative Decision-Making: the Parliament and the Council - Delegated and Implementing Acts - Case Study: the EU Timber Regulation - Conclusions: EU Law-Making and EU Governance

EU Legal Acts

Author : Marise Cremona
Publisher : Oxford University Press
ISBN 13 : 0192549626
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Legal Acts by : Marise Cremona

Download or read book EU Legal Acts written by Marise Cremona and published by Oxford University Press. This book was released on 2018-02-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

Co-actorship in the Development of European Law-Making

Author : Ernst M. H. Hirsch Ballin
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045056
Total Pages : 0 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Co-actorship in the Development of European Law-Making by : Ernst M. H. Hirsch Ballin

Download or read book Co-actorship in the Development of European Law-Making written by Ernst M. H. Hirsch Ballin and published by T.M.C. Asser Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The motto of the European Union, ‘United in its diversity’ (article IV-1, draft Treaty establishing a Constitution for Europe) serves well as the prime aspiration with regard to the quality of European legislation. The legislation of the European Union is not intended to erase the diversity of legal traditions, methods and systems in the Member States, but rather to shape their compatibility with respect for the diversity of their institutional arrangements and legal cultures. It is against this background that the quality of European legislation was discussed during a two-day colloquium organised by the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union in June 2004 in The Hague. The colloquium was attended by representatives of the 25 Member States of the EU as well as of the Court of Justice of the EC. The present book is based on the General Report written for the colloquium, the various national reports, two reports prepared by members of the Court of Justice of the EC and the Court of First Instance and the discussions. More specifically, the book deals with, inter alia, the European and national legislative process, the preliminary rulings procedure as a tool and a source for the application of European law and the various connecting links between the EU and the national legal systems. The book will not only be of interest to all persons professionally involved in the process of drafting legislation or the administration of justice, whether at the European level or in the Member States, but also to lawyers interested in legislative and jurisdictional aspects of European integration. Ernst M.H. Hirsch Ballin is President of the Administrative Jurisdiction Division of the Dutch Council of State and Professor of International Law, Tilburg University, The Netherlands. Linda A.J. Senden is Professor of European Law, Tilburg University, The Netherlands.

The EU Better Regulation Agenda

Author : Sacha Garben
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917349
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The EU Better Regulation Agenda by : Sacha Garben

Download or read book The EU Better Regulation Agenda written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.

Solidarity in EU Law

Author : Andrea Biondi
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477784
Total Pages : 235 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Solidarity in EU Law by : Andrea Biondi

Download or read book Solidarity in EU Law written by Andrea Biondi and published by Edward Elgar Publishing. This book was released on with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Establishing the Supremacy of European Law

Author : Karen J. Alter
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199260997
Total Pages : 258 pages
Book Rating : 4.2/5 (69 download)

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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.

Law, Legal Expertise and EU Policy-Making

Author : Emilia Korkea-aho
Publisher : Cambridge University Press
ISBN 13 : 1108904939
Total Pages : 337 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Law, Legal Expertise and EU Policy-Making by : Emilia Korkea-aho

Download or read book Law, Legal Expertise and EU Policy-Making written by Emilia Korkea-aho and published by Cambridge University Press. This book was released on 2022-10-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

Co-actorship in the Development of European Law-Making

Author : Ernst M. H. Hirsch Ballin
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041843
Total Pages : 174 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis Co-actorship in the Development of European Law-Making by : Ernst M. H. Hirsch Ballin

Download or read book Co-actorship in the Development of European Law-Making written by Ernst M. H. Hirsch Ballin and published by T.M.C. Asser Press. This book was released on 2005-05-19 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2004, the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union organised a two-day colloquium in The Hague, during which the quality of European legislation was discussed by representatives of the 25 Member States of the EU as well as of the Court of Justice for the EC. This book is based on, amongst other things, the General Report from that colloquium, the various national reports, and reports prepared by members of the Court of Justice and the Court of First Instance. More specifically the book deals with, inter alia, the European and national legislative process; the preliminary rulings procedure as a tool and as a source for the application of European law; and the connecting links between the EU and the national legal systems.

The Politics of Legal Expertise in EU Policymaking

Author : Päivi Leino-Sandberg
Publisher : Cambridge University Press
ISBN 13 : 1108830056
Total Pages : 379 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Politics of Legal Expertise in EU Policymaking by : Päivi Leino-Sandberg

Download or read book The Politics of Legal Expertise in EU Policymaking written by Päivi Leino-Sandberg and published by Cambridge University Press. This book was released on 2021-09-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.

Russian Legal Realism

Author : Bartosz Brożek
Publisher : Springer
ISBN 13 : 3319988212
Total Pages : 183 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Russian Legal Realism by : Bartosz Brożek

Download or read book Russian Legal Realism written by Bartosz Brożek and published by Springer. This book was released on 2019-01-07 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

Reinforcing Rule of Law Oversight in the European Union

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Participation in EU Rule-making

Author : Joana Mendes
Publisher : Oxford University Press, USA
ISBN 13 : 0199599769
Total Pages : 545 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Participation in EU Rule-making by : Joana Mendes

Download or read book Participation in EU Rule-making written by Joana Mendes and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The limited scope of participation in the making of EU law remains a continued source of controversy. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts and presenting a legal argument for their extension.

Towards a Sustainable European Company Law

Author : Beate Sjåfjell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127682
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Towards a Sustainable European Company Law by : Beate Sjåfjell

Download or read book Towards a Sustainable European Company Law written by Beate Sjåfjell and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a 'market for corporate control' as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight - and the innumerable recognitions that support it - this book is a timely and exciting new resource for lawyers and academics in 'both camps' those on the activist side of the issue, and those with company or official policymaking responsibilities.

Eurolegalism

Author : R. Daniel Kelemen
Publisher : Harvard University Press
ISBN 13 : 0674265025
Total Pages : 379 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Eurolegalism by : R. Daniel Kelemen

Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.