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The Constitutional Framework For Enhanced Cooperation In Eu Law
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Book Synopsis The Constitutional Framework for Enhanced Cooperation in EU Law by : Robert Böttner
Download or read book The Constitutional Framework for Enhanced Cooperation in EU Law written by Robert Böttner and published by BRILL. This book was released on 2021-02-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
Book Synopsis Bridging Clauses in European Constitutional Law by : Robert Böttner
Download or read book Bridging Clauses in European Constitutional Law written by Robert Böttner and published by Springer. This book was released on 2018-01-17 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
Book Synopsis The Treaty of Lisbon and the Future of European Law and Policy by : Martin Trybus
Download or read book The Treaty of Lisbon and the Future of European Law and Policy written by Martin Trybus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
Author :Hermann-Josef Blanke Publisher :Springer Science & Business Media ISBN 13 :3642317065 Total Pages :1813 pages Book Rating :4.6/5 (423 download)
Book Synopsis The Treaty on European Union (TEU) by : Hermann-Josef Blanke
Download or read book The Treaty on European Union (TEU) written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1813 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Book Synopsis The EU Treaties and the Charter of Fundamental Rights by : Manuel Kellerbauer
Download or read book The EU Treaties and the Charter of Fundamental Rights written by Manuel Kellerbauer and published by Oxford University Press. This book was released on 2019-05-16 with total page 2463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companion website: www.oup.com/klamert This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects. Commentary on the EU Treaties and the Charter of Fundamental Rights: Digital Pack includes a digital app with enhanced user functionalities that ensures that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone
Book Synopsis Unity and flexibility in the future of the European Union : the challenge of enhanced cooperation by : José María Beneyto
Download or read book Unity and flexibility in the future of the European Union : the challenge of enhanced cooperation written by José María Beneyto and published by Fundación Univ. San Pablo. This book was released on 2009 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty poses anew the question of whether, from now on, it will be more likely for the European Union to use this mechanism, or, conversely, the new institutional, jurisdictional and decision-making framework may act as a containment of favourable trends in the development of variable integration formulas. In reality, flexible or differentiated integration instruments, within or outside of the framework of the EU, alongside strictly intergovernmental cooperation between certain EU countries, have existed since the beginning of Community integration.
Book Synopsis EU Constitutional Law by : Allan Rosas
Download or read book EU Constitutional Law written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Book Synopsis Division of Powers in European Union Law by : Theodore Konstadinides
Download or read book Division of Powers in European Union Law written by Theodore Konstadinides and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionands decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the andcompetence provisionsand in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityands legislative competence; areas where andcreeping competenceand occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful andcoreand Europe and a andmulti-speedand Europe of pacesetters and laggards. Addressing numerous crucial issues and among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionands andinstitutional dynamicand of cooperation and consensus and the author lucidly describes a seeming paradox: an andever-closer unionand, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.
Book Synopsis Enhanced Cooperation and European Tax Law by : Caroline Heber
Download or read book Enhanced Cooperation and European Tax Law written by Caroline Heber and published by Oxford University Press. This book was released on 2021 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
Book Synopsis EU Development Cooperation Policy by : Van den Sanden, Tina
Download or read book EU Development Cooperation Policy written by Van den Sanden, Tina and published by Edward Elgar Publishing. This book was released on 2022-06-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Timely and incisive, this book offers a critical insight into the legal structure of EU development cooperation policy, exploring the innate complexities that give rise to legal challenges in this crucial area of EU external action. Investigating the interaction between the key tenets of coherence and conferral, Dr. Tina Van den Sanden assesses how the Union’s legal framework affects the attainment of its development cooperation objectives.
Book Synopsis The European Union by : Jaap W. de Zwaan
Download or read book The European Union written by Jaap W. de Zwaan and published by T.M.C. Asser Press. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union concentrates on the three main areas of European integration that mark the career path of Alfred E. Kellermann. Part I covers institutional and constitutional aspects, Part II general principles and substantive aspects and Part III new Member States and Eastern Europe. The contributions included in this Liber Amicorum vary from thematic in-depth studies to studies of a comparative nature. Their themes include, inter alia, the structure of the Union according to the Constitution for Europe, the changes and challenges with which the Union's institutions are faced, the future paths of flexibility (enhanced cooperation, partial agreements and pioneer groups), the role of national competition authorities and national courts under Regulation 1/2003, the constitutional preparation for EU accession in the new Member States, and the influence of European integration on the development of law in Russia. Specific to this book: • Contains 27 original contributions authored by prominent EU lawyers from academia and practice • All contributions written in honour of Alfred E. Kellermann and his work in European Law • Examines, amongst other things, the new Member States at a time of integration and development in Europe
Book Synopsis EU Constitutional Law by : Koen Lenaerts
Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Book Synopsis Research Handbook on the Law of the EU’s Internal Market by : Panos Koutrakos
Download or read book Research Handbook on the Law of the EU’s Internal Market written by Panos Koutrakos and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.
Book Synopsis The Constitutional Law of the European Union by : James Dinnage
Download or read book The Constitutional Law of the European Union written by James Dinnage and published by Debolsillo. This book was released on 2008 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding the European Constitution by : Clive H. Church
Download or read book Understanding the European Constitution written by Clive H. Church and published by Psychology Press. This book was released on 2006 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty has been muched talked about usually critically. It has created great controversy throughout Europe and failed to gain popular approval in the French and Dutch referenda of 2005.
Book Synopsis The Rise and Fall of the EU’s Constitutional Treaty by : Finn Laursen
Download or read book The Rise and Fall of the EU’s Constitutional Treaty written by Finn Laursen and published by BRILL. This book was released on 2008-07-31 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.
Book Synopsis The European Constitution by : Giuliano Amato
Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
