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The Concept Of Legislation In European Community Law
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Book Synopsis The Concept of Legislation in European Community Law by : Alexander Türk
Download or read book The Concept of Legislation in European Community Law written by Alexander Türk and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.
Book Synopsis The Relationship Between European Community Law and National Law by : Andrew Oppenheimer
Download or read book The Relationship Between European Community Law and National Law written by Andrew Oppenheimer and published by Cambridge University Press. This book was released on 2003-06-12 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume of ta collection of court decisions covering the 'constitutional' relationship between the EC and Member States.
Book Synopsis The Foundations of European Community Law by : Trevor C. Hartley
Download or read book The Foundations of European Community Law written by Trevor C. Hartley and published by Oxford University Press, USA. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
Book Synopsis European Community Law by : Josephine Shaw
Download or read book European Community Law written by Josephine Shaw and published by Palgrave. This book was released on 1993 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Concept of Legislation in European Community Law by : Alexander Heinrich Türk
Download or read book The Concept of Legislation in European Community Law written by Alexander Heinrich Türk and published by . This book was released on 2006 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Eclipse of the Legality Principle in the European Union by : Leonard F. M. Besselink
Download or read book The Eclipse of the Legality Principle in the European Union written by Leonard F. M. Besselink and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.
Author :Commission of the European Communities Publisher :Luxembourg : Office for Official Publications of the European Communities ISBN 13 : Total Pages :542 pages Book Rating :4.F/5 ( download)
Book Synopsis Thirty Years of Community Law by : Commission of the European Communities
Download or read book Thirty Years of Community Law written by Commission of the European Communities and published by Luxembourg : Office for Official Publications of the European Communities. This book was released on 1983 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: "More than 30 years have elapsed since Robert Schuman's declaration of 9 May 1950 and the signature on 18 April 1951 of the Treaty of Paris establishing the European Coal and Steel Community. The time has come for the European Community to take stock. Both as a unique economic and human experiment, and as a reality endowed with powerful legal instruments, this singular phenomenon needs to be examined from the standpoint of history. The establishment of the Community was completed with the conclusion of the Treaties of Rome creating the European Economic Community and the European Atomic Energy Community. Its institutions have undergone several stages of development, including the merger of the executives, the creation of own resources, the extension of Parliament's budgetary powers and the creation of a Court of Auditors. At the same time the Community was putting into effect the fundamental principles of free movement of goods, persons, services and capital, and developing the common policies which are laid down in the Treaties or which proved necessary in order to attain, in the course of the operation of the common market, one of the objectives of the Community. On two occasions it has been enlarged by the accession of further European States, first Denmark, Ireland and the United Kingdom, and subsequently Greece. It has also commenced negotiations with a view to the admission of Spain and Portugal. The progress made by the Community is reflected in a vast range of legislation binding on Member States, firms and individuals, and in the body of case-law built up by the Court of Justice in Luxembourg. The Commission wished to provide a work of reference for lawyers which did not assume any familiarity with questions of Community law. It asked eminent specialists in the subject from the various Member States to make individual contributions to Thirty years of Community law so as to trace the development of the Community, summarize the progress achieved in the various sectors and examine the difficulties which the Community has had to face. Each author was allowed the fullest freedom of expression. Neither the Commission nor readers will necessarily share all the points of views expressed, but they will at least have the benefit of a full and frank discussion"--Unedited summary from book cover.
Book Synopsis An Introduction to European Law by : Robert Schütze
Download or read book An Introduction to European Law written by Robert Schütze and published by . This book was released on 2020-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering the most thought-provoking introduction to EU law.Written in a highly readable narrative style, the book provides students with a succinct yet sophisticated analysis of the core aspects of the subject, while also equipping them with the tools for further exploration. Figures and tables clarify complex ideas and processes, and a guide to finding andreading EU judgments offers valuable practical support. This carefully structured guide brings clarity to a broad and multifaceted subject.
Book Synopsis The Concept of Legislation in European Community Law by : Alexander Heinrich Tuerk
Download or read book The Concept of Legislation in European Community Law written by Alexander Heinrich Tuerk and published by . This book was released on 2004 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding European Union Law by : Karen Davies
Download or read book Understanding European Union Law written by Karen Davies and published by Routledge. This book was released on 2015-07-16 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. It is also indispensable reading for students on business studies courses. Fully revised and updated, this sixth edition continues to look at the main themes of EU law in a straightforward and logical manner. Updated to discuss the UK’s increasingly difficult relationship with the EU and recent developments in EU citizenship rights such as the Zambrano decision, this book provides the reader with a clear understanding of EU law, concentrating on how and why the law has developed as it has. A chapter on assessment guidance has been expanded to provide advice on revision, coursework and examinations on the subject of EU law. This student-friendly text is broad in scope and highly accessible, inspiring students toward further study and showing that understanding EU law can be an enjoyable and rewarding experience.
Book Synopsis A Review of Forty Years of Community Law by : Alison McDonnell
Download or read book A Review of Forty Years of Community Law written by Alison McDonnell and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book eighteen of Europe's most respected jurists and legal scholars look at long-term developments in Community and Union law with a view to shedding light on the current situation and pointing out lessons for the future. They consider major Community law themes as they have developed over the past four decades in institutional and substantive contexts, as well as in such newer areas of development as external relations, economic and monetary union, and the Third Pillar. Starting from the absolute centrality of the Common Market to the European Community enterprise, the authors provide many reminders of how the current situation evolved. Their detailed root analyses of past experiences explore origins, patterns, and implications from the initial concept of market access, through laws relating to individual rights, to such complexities as the 'bottom-up' emergence of constitutional principles. They show that, whether we will in fact soon see a European constitution or not, there is little doubt today that EC law is undergoing what may be best understood as a process of constitutionalization. Seventeen insightful essays give deeper meaning to many events, principles, and issues which have had far-reaching implications for European integration, including the following: the crucial principles made clear by the ECJ in Van Gend andamp; Loos in 1963; the place of fundamental rights in a supranational legal order; tensions to be resolved through political and legal means; exclusive, shared and supporting competences; the gradual rise of principles such as subsidiarity and proportionality; the precautionary principle; the legitimacy and authority of the ECJ; the extent to which fundamental freedoms have become fundamental rights; the procedural rules of European competition policy enforcement; state aid under EC Treaty Article 87(1); the case for harmonization of private law; social policy and equal treatment; institutional balance; the EU as global actor; the evolution of the EU Charter of Fundamental Rights; and the Constitutional Treaty. ; ; ; ; The European Union is a dynamic legal order, and continues to face myriad challenges and dilemmas as it expands its membership and considers a European constitution. This concentrated summary of the most important issues in forty years of legal developments reveals both the lasting triumphs along the way and the gaps that require urgent attention if the legitimacy of the Union is not to be impaired. Participants in European law and government, from citizens and students to the highest levels of policy making, will find here an invaluable resource for the future and much food for thought. These articles were first presented at a conference held at the end of 2003 to mark the 40th anniversary of the Common Market Law Review, and were originally published in a special issue of the Review.
Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Community Legal Order by : Jean-Victor Louis
Download or read book The Community Legal Order written by Jean-Victor Louis and published by . This book was released on 1990 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated edition of work incorporating developments in case law of the European Court of Justice and national courts and changes in the configuration of the European Community following enlargement.
Book Synopsis EU Law by : Paul|Burca Craig (Grainne de)
Download or read book EU Law written by Paul|Burca Craig (Grainne de) and published by Oxford University Press. This book was released on 2024 with total page 1387 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Law written by Paul P. Craig and published by Oxford University Press, USA. This book was released on 1998 with total page 1334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised text includes important developments in EC and EU law. Since the last edition the Intergovernmental Conference leading to the revision has been encapsulated in the Amsterdam Treaty. There has also been much important Community legislation. These developments are included here.
Book Synopsis Basic Community Laws by : Bernard Rudden
Download or read book Basic Community Laws written by Bernard Rudden and published by . This book was released on 1999 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the new, revised and updated edition of the popular student book . As in the previous six editions, this book provides readers with the latest information available on the present state of European Community Law. Since the last edition, the Treaty of Amsterdam which takes effect in 1999 has partly amended the substance and entirely altered the form of the founding Treaty. Part I now gives the entire new version with its accompanying Table of Equivalences, and adds a selection of the more importantProtocolsThe content of Part Two, on secondary legislation, has also been extensively reorganised, edited and updated and includes recent directives and other legislation in the areas covered. New material includes the 1996 Directive concerning the posting of workers in the framework of theprovision of services, the Commission Notice of 1997 on the definition of relevant market for the purposes of European Community Competition Law, and the 1993 Working Time Directive. This book is a vital source of information for students on the materials of European Community Law.
Book Synopsis The European Communities and the Rule of Law by : Alexander John Mackenzie-Stuart (Lord Mackenzie-Stuart)
Download or read book The European Communities and the Rule of Law written by Alexander John Mackenzie-Stuart (Lord Mackenzie-Stuart) and published by London : Stevens. This book was released on 1977 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
