The Legal Effects of EU Soft Law

Download The Legal Effects of EU Soft Law PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208917
Total Pages : 269 pages
Book Rating : 4.8/5 (22 download)

DOWNLOAD NOW!


Book Synopsis The Legal Effects of EU Soft Law by : Petra L. Láncos

Download or read book The Legal Effects of EU Soft Law written by Petra L. Láncos and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.

EU Soft Law in the Member States

Download EU Soft Law in the Member States PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932054
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis EU Soft Law in the Member States by : Mariolina Eliantonio

Download or read book EU Soft Law in the Member States written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.

Soft Law in European Community Law

Download Soft Law in European Community Law PDF Online Free

Author :
Publisher : Hart Publishing
ISBN 13 : 1841134325
Total Pages : 590 pages
Book Rating : 4.8/5 (411 download)

DOWNLOAD NOW!


Book Synopsis Soft Law in European Community Law by : Linda Senden

Download or read book Soft Law in European Community Law written by Linda Senden and published by Hart Publishing. This book was released on 2004-09-28 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.

Research Handbook on Soft Law

Download Research Handbook on Soft Law PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839101938
Total Pages : 471 pages
Book Rating : 4.8/5 (391 download)

DOWNLOAD NOW!


Book Synopsis Research Handbook on Soft Law by : Mariolina Eliantonio

Download or read book Research Handbook on Soft Law written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.

Legitimacy and Effectiveness of ESMA’s Soft Law

Download Legitimacy and Effectiveness of ESMA’s Soft Law PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839109718
Total Pages : 360 pages
Book Rating : 4.8/5 (391 download)

DOWNLOAD NOW!


Book Synopsis Legitimacy and Effectiveness of ESMA’s Soft Law by : van Rijsbergen, Marloes

Download or read book Legitimacy and Effectiveness of ESMA’s Soft Law written by van Rijsbergen, Marloes and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.

The Europeanisation of Law

Download The Europeanisation of Law PDF Online Free

Author :
Publisher : Hart Publishing
ISBN 13 : 1841130257
Total Pages : 370 pages
Book Rating : 4.8/5 (411 download)

DOWNLOAD NOW!


Book Synopsis The Europeanisation of Law by : Francis G. Snyder

Download or read book The Europeanisation of Law written by Francis G. Snyder and published by Hart Publishing. This book was released on 2000-09-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.

Soft Law in Court

Download Soft Law in Court PDF Online Free

Author :
Publisher :
ISBN 13 : 9789041139979
Total Pages : 367 pages
Book Rating : 4.1/5 (399 download)

DOWNLOAD NOW!


Book Synopsis Soft Law in Court by : Oana Ştefan

Download or read book Soft Law in Court written by Oana Ştefan and published by . This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of soft law and the courts -- The geometry of soft law references -- The soft law champions : frequent judicial references to particular instruments -- The legal status of soft law -- The relationship between soft and hard law : hierarchical hybridity -- The legal effects recognized by the courts for soft law -- The binding effects of soft law -- A principled approach to soft law -- Conclusion. Judicialization of legal hybrids in a constitutional pluralist environment.

Swiss Public Administration

Download Swiss Public Administration PDF Online Free

Author :
Publisher : Springer
ISBN 13 : 3319923811
Total Pages : 397 pages
Book Rating : 4.3/5 (199 download)

DOWNLOAD NOW!


Book Synopsis Swiss Public Administration by : Andreas Ladner

Download or read book Swiss Public Administration written by Andreas Ladner and published by Springer. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.

Soft Law in Governance and Regulation

Download Soft Law in Governance and Regulation PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!


Book Synopsis Soft Law in Governance and Regulation by : Ulrika Mörth

Download or read book Soft Law in Governance and Regulation written by Ulrika Mörth and published by Edward Elgar Publishing. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.

Complying with Europe

Download Complying with Europe PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521849944
Total Pages : 428 pages
Book Rating : 4.8/5 (499 download)

DOWNLOAD NOW!


Book Synopsis Complying with Europe by : Gerda Falkner

Download or read book Complying with Europe written by Gerda Falkner and published by Cambridge University Press. This book was released on 2005-05-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does EU law truly mean for the member states? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) 'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function.

EU Administrative Law

Download EU Administrative Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 944 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!


Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

The Enforcement of EU Law and Values

Download The Enforcement of EU Law and Values PDF Online Free

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

DOWNLOAD NOW!


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.

Extraterritoriality of EU Economic Law

Download Extraterritoriality of EU Economic Law PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 3030822915
Total Pages : 379 pages
Book Rating : 4.0/5 (38 download)

DOWNLOAD NOW!


Book Synopsis Extraterritoriality of EU Economic Law by : Nuno Cunha Rodrigues

Download or read book Extraterritoriality of EU Economic Law written by Nuno Cunha Rodrigues and published by Springer Nature. This book was released on 2021-10-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.

Legitimacy and Effectiveness of ESMA's Soft Law

Download Legitimacy and Effectiveness of ESMA's Soft Law PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781839109706
Total Pages : 368 pages
Book Rating : 4.1/5 (97 download)

DOWNLOAD NOW!


Book Synopsis Legitimacy and Effectiveness of ESMA's Soft Law by : Marloes van Rijsbergen

Download or read book Legitimacy and Effectiveness of ESMA's Soft Law written by Marloes van Rijsbergen and published by Edward Elgar Publishing. This book was released on 2021-10-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies' soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA's existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'hard' effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA's soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA's soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.

The Legal Effects of EU Agreements

Download The Legal Effects of EU Agreements PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191648361
Total Pages : 399 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!


Book Synopsis The Legal Effects of EU Agreements by : Mario Mendez

Download or read book The Legal Effects of EU Agreements written by Mario Mendez and published by OUP Oxford. This book was released on 2013-03-07 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Comprehensively examining the legal effects of EU concluded treaties, this book provides a thorough analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the author finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically. This volume will serve as a reference point for future work in this area and will also be of assistance to EU law practitioners dealing with EU agreements.

Principles, Definitions and Model Rules of European Private Law

Download Principles, Definitions and Model Rules of European Private Law PDF Online Free

Author :
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

DOWNLOAD NOW!


Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

The Evolution of EU Law

Download The Evolution of EU Law PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191018929
Total Pages : 984 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!


Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by OUP Oxford. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.