New Directions in the Effective Enforcement of EU Law and Policy

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718696
Total Pages : 368 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis New Directions in the Effective Enforcement of EU Law and Policy by : Sara Drake

Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.

Research Handbook on the Enforcement of EU Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781802208023
Total Pages : 0 pages
Book Rating : 4.2/5 (8 download)

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Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten

Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms. Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas. Employing multi-dimensional and comparative approaches, the Research Handbook on the Enforcement of EU Law will be a valuable resource for scholars of European law and politics, public administration, governance, and compliance. It will also be a useful guide for public officials seeking to (re)design and assess effective and enforceable policies.

Eurolegalism

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674061055
Total Pages : 379 pages
Book Rating : 4.6/5 (74 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.

Standing to Enforce European Union Law before National Courts

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937161
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Standing to Enforce European Union Law before National Courts by : Hilde K Ellingsen

Download or read book Standing to Enforce European Union Law before National Courts written by Hilde K Ellingsen and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

The Enforcement of EU Law and Values

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Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 425 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Enforcement of EU Law and Values by : András Jakab

Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Public Policy and the CJEU’s Power

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Author :
Publisher : Routledge
ISBN 13 : 100075913X
Total Pages : 256 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Public Policy and the CJEU’s Power by : Emmanuelle Mathieu

Download or read book Public Policy and the CJEU’s Power written by Emmanuelle Mathieu and published by Routledge. This book was released on 2020-05-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Policy and the CJEU’s Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEU’s influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as public policy approach to studying judicial power in the European Union. The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings relies on these policy stakeholders. Therefore, the CJEU’s power is strongly dependent on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEU’s impact. Bringing together expert contributions, Public Policy and the CJEU’s Power will be of great interest and use to scholars working on the European Union, law and politics and public policy. The chapters were originally published as a special issue in the Journal of European Integration.

European Union Law

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Publisher : Cambridge University Press
ISBN 13 : 1108463592
Total Pages : 1139 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis European Union Law by : Damian Chalmers

Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2019-09-12 with total page 1139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most current, contextual and authoritative EU law text, including Brexit, the euro, and the migration crisis.

The Future of European Union Environmental Politics and Policy

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Author :
Publisher : Routledge
ISBN 13 : 1000059626
Total Pages : 197 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Future of European Union Environmental Politics and Policy by : Anthony R. Zito

Download or read book The Future of European Union Environmental Politics and Policy written by Anthony R. Zito and published by Routledge. This book was released on 2020-07-29 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of European Union Environmental Politics and Policy investigates the trajectory of European Union (EU) environmental policy and reflects on how this hugely vital policy area of the EU has evolved over the decades. Gathering together a selection of the leading scholars working on European environmental policy, the volume assesses the extent to which change has occurred in important dimensions of EU environmental policy research. These dimensions include the EU’s values and approaches; the provision of leadership; the possibilities of Brexit and the dismantling of policies; policy instruments and climate change; policy implementation and enforcement; and policy evaluation. The contributors situate their research in the context of current developments and conditions, including the global economic challenges and the rise of political challenges to both European governance and integration. Each chapter reviews the EU environmental policy over the long term and assesses the implications of current developments for the future health of European environmental policy, European integration and the environment itself. The Future of European Union Environmental Politics and Policy will be of great interest to scholars of environmental politics, environmental governance and EU policy. The chapters were originally published as a special issue of Environmental Politics.

Effectiveness versus Procedural Protection

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Publisher : Nomos Verlag
ISBN 13 : 3748901143
Total Pages : 326 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Effectiveness versus Procedural Protection by : Allison Östlund

Download or read book Effectiveness versus Procedural Protection written by Allison Östlund and published by Nomos Verlag. This book was released on 2019-10-29 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.

Environmental Rights in Europe and Beyond

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Publisher : Bloomsbury Publishing
ISBN 13 : 150991109X
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Environmental Rights in Europe and Beyond by : Sanja Bogojevic

Download or read book Environmental Rights in Europe and Beyond written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

Re-Inventing Labour Law Enforcement

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509926399
Total Pages : 192 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Re-Inventing Labour Law Enforcement by : Louise Munkholm

Download or read book Re-Inventing Labour Law Enforcement written by Louise Munkholm and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

The Oxford Handbook of Comparative Administrative Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198799985
Total Pages : 1169 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Comparative Administrative Law by : Peter Cane

Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

The Protection of the environment through criminal Law

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Author :
Publisher : Maklu
ISBN 13 : 9046608093
Total Pages : 351 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Protection of the environment through criminal Law by : J.L. De La Cuesta

Download or read book The Protection of the environment through criminal Law written by J.L. De La Cuesta and published by Maklu. This book was released on 2017-02-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

New Directions in European Private Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509935622
Total Pages : 355 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Directions in European Private Law by : Takis Tridimas

Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.

Parental Liability in EU Competition Law

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Publisher : Oxford University Press
ISBN 13 : 0192583344
Total Pages : 625 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Parental Liability in EU Competition Law by : Peter Whelan

Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Finance, Law, and the Courts

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Publisher : Oxford University Press
ISBN 13 : 0192898698
Total Pages : 593 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Finance, Law, and the Courts by : Marco Lamandini

Download or read book Finance, Law, and the Courts written by Marco Lamandini and published by Oxford University Press. This book was released on 2024-02-08 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.

Research Handbook on EU Environmental Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970675
Total Pages : 552 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on EU Environmental Law by : Marjan Peeters

Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.