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The Function Of Judicial Decision In European Economic Integration
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Book Synopsis The Function of Judicial Decision in European Economic Integration by : C J Mann
Download or read book The Function of Judicial Decision in European Economic Integration written by C J Mann and published by Martinus Nijhoff Publishers. This book was released on 1972-07 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Court's Political Power by : Karen Alter
Download or read book The European Court's Political Power written by Karen Alter and published by OUP Oxford. This book was released on 2010-06-17 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.
Book Synopsis The Function of Judicial Decision in European Economic Integration by : Clarence J. Mann
Download or read book The Function of Judicial Decision in European Economic Integration written by Clarence J. Mann and published by Springer. This book was released on 2013-12-01 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
Book Synopsis On Law and Policy in the European Court of Justice by : H Rasmussen
Download or read book On Law and Policy in the European Court of Justice written by H Rasmussen and published by Martinus Nijhoff Publishers. This book was released on 1986-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guardians of Public Value by : Arjen Boin
Download or read book Guardians of Public Value written by Arjen Boin and published by Springer Nature. This book was released on 2021 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents case studies of twelve organisations which the public have come to view as institutions. From the BBC to Doctors Without Borders, from the Amsterdam Concertgebouw Orchestra to CERN, this volume examines how some organisations rise to prominence and remain in high public esteem through changing and challenging times. It builds upon the scholarly tradition of institutional scholarship pioneered by Philip Selznick, and highlights common themes in the stories of these highly diverse organizations; demonstrating how leadership, learning, and luck all play a role in becoming and remaining an institution. This case study format makes this volume ideal for classroom use and practitioners alike. In an era where public institutions are increasingly under threat, this volume offers concrete lessons for contemporary organisation leaders. Arjen Boin is Professor of Public Institutions and Governance at the Department of Political Science, Leiden University, Netherlands. Paul 't Hart is Professor of Public Administration at the Utrecht School of Governance, Utrecht University, Netherlands. Lauren A. Fahy is a PhD Fellow at the Utrecht School of Governance, Utrecht University, Netherlands.
Book Synopsis The Legal Order of the European Union by : Timothy Moorhead
Download or read book The Legal Order of the European Union written by Timothy Moorhead and published by Routledge. This book was released on 2014-05-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Book Synopsis The Choice for Europe by : Andrew Moravcsik
Download or read book The Choice for Europe written by Andrew Moravcsik and published by Routledge. This book was released on 2013-10-11 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the European Union arguably ranks among the most extraordinary achievements in modern world politics. Observers disagree, however, about the reasons why European governments have chosen to co- ordinate core economic policies and surrender sovereign perogatives. This text analyzes the history of the region's movement toward economic and political union. Do these unifying steps demonstrate the pre-eminence of national security concerns, the power of federalist ideals, the skill of political entrepreneurs like Jean Monnet and Jacques Delors, or the triumph of technocratic planning? Moravcsik rejects such views. Economic interdependence has been, he maintains, the primary force compelling these democracies to move in this surprising direction. Politicians rationally pursued national economic advantage through the exploitation of asymmetrical interdependence and the manipulation of institutional commitments.
Book Synopsis Abuse of EU Law and Regulation of the Internal Market by : Alexandre Saydé
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Book Synopsis The Court of Justice of the European Union as an Institutional Actor by : Thomas Horsley
Download or read book The Court of Justice of the European Union as an Institutional Actor written by Thomas Horsley and published by Cambridge University Press. This book was released on 2018-07-19 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.
Book Synopsis East African Community Law by : Emmanuel Ugirashebuja
Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Book Synopsis Resisting the European Court of Justice by : Bill Davies
Download or read book Resisting the European Court of Justice written by Bill Davies and published by Cambridge University Press. This book was released on 2012-06-18 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates how the fundamental transformations in the European legal system were received in one of the most important European Union member states, Germany.
Book Synopsis Global Governance and the Emergence of Global Institutions for the 21st Century by : Augusto Lopez-Claros
Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Book Synopsis The Court of Justice of the European Union as an Institutional Actor by : Thomas Horsley
Download or read book The Court of Justice of the European Union as an Institutional Actor written by Thomas Horsley and published by Cambridge University Press. This book was released on 2018-07-19 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.
Book Synopsis Judicial Protection in the European Communities by : Henry Schermers
Download or read book Judicial Protection in the European Communities written by Henry Schermers and published by Springer. This book was released on 2013-11-11 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.
Book Synopsis The Worlds of European Constitutionalism by : Gráinne de Búrca
Download or read book The Worlds of European Constitutionalism written by Gráinne de Búrca and published by Cambridge University Press. This book was released on 2011-10-13 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, both in the EU's internal and its external relations. The book culminates in an interactive epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Book Synopsis Judicial Protection in the European Communities by : Henry G. Schermers
Download or read book Judicial Protection in the European Communities written by Henry G. Schermers and published by Springer. This book was released on 2013-11-21 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Andorra and the European Union by : Michael Emerson
Download or read book Andorra and the European Union written by Michael Emerson and published by CEPS. This book was released on 2007 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
