The Outer Limits Of European Union Law

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The Outer Limits of European Union Law

Author : Catherine Barnard
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314961
Total Pages : 454 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Outer Limits of European Union Law by : Catherine Barnard

Download or read book The Outer Limits of European Union Law written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2009-03-05 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

The Outer Limits of European Union Law

Author : Catherine Barnard
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317235
Total Pages : 562 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Outer Limits of European Union Law by : Catherine Barnard

Download or read book The Outer Limits of European Union Law written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2009-03-05 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

EU Law of the Overseas

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113445X
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Law of the Overseas by : Dimitry Kochenov

Download or read book EU Law of the Overseas written by Dimitry Kochenov and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

Limits to EU Powers

Author : Jacob Öberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903364
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Limits to EU Powers by : Jacob Öberg

Download or read book Limits to EU Powers written by Jacob Öberg and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Author :
Publisher :
ISBN 13 : 0198818858
Total Pages : pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis by :

Download or read book written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Guide to European Union Law and Institutions

Author : Richard Wallis
Publisher : Straightforward co Ltd
ISBN 13 : 9781847160447
Total Pages : 126 pages
Book Rating : 4.1/5 (64 download)

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Book Synopsis A Guide to European Union Law and Institutions by : Richard Wallis

Download or read book A Guide to European Union Law and Institutions written by Richard Wallis and published by Straightforward co Ltd. This book was released on 2007 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging introductory book covering the operations of the European Union and the legal framework that binds the EU and connects the Union to individual member states. The emphasis is on the effect and administration of the European Union and its overall effect on each member country. The following areas are covered: introduction to the development of the EU; community legislation and policy making; nature and effect of EU law; relationship bewteen EU and national law; enforcement; free movement of goods / capital / labour within EU states; and more.

Advanced Introduction to European Union Law

Author : Jacques Ziller
Publisher : Edward Elgar Publishing
ISBN 13 : 1035323125
Total Pages : 163 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Advanced Introduction to European Union Law by : Jacques Ziller

Download or read book Advanced Introduction to European Union Law written by Jacques Ziller and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated second edition of Advanced Introduction to European Union Law provides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action.

European Union Law for the Twenty-First Century: Volume 2

Author : Τάκης Τριδίμας
Publisher : Hart Publishing
ISBN 13 : 1841134600
Total Pages : 448 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis European Union Law for the Twenty-First Century: Volume 2 by : Τάκης Τριδίμας

Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Τάκης Τριδίμας and published by Hart Publishing. This book was released on 2004-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

Oxford Principles of European Union Law

Author : Robert Schütze
Publisher : Oxford University Press
ISBN 13 : 0191058807
Total Pages : 1149 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Oxford Principles of European Union Law by : Robert Schütze

Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018-03-01 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

Free Movement and Welfare Access in the European Union

Author : Victoria Hooton
Publisher : Bloomsbury Publishing
ISBN 13 : 1509966870
Total Pages : 273 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Free Movement and Welfare Access in the European Union by : Victoria Hooton

Download or read book Free Movement and Welfare Access in the European Union written by Victoria Hooton and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the balancing act between EU free movement law, fundamental EU objectives and Member States' concerns regarding their welfare systems. It takes a novel dual approach: namely combining doctrinal analysis of EU citizenship case law with an examination of mobility data. This allows the study to clearly show an imbalance between the representation and protection of these conflicting interests in EU case law. It goes further, identifying avenues for reform and highlighting the importance of the principle of proportionality for attaining a legitimate balance of interests. In a field in which much has been written, this offers a truly original perspective. It will be much welcomed by scholars of EU free movement and citizenship law.

The Many Faces of Differentiation in EU Law

Author : Bruno de Witte
Publisher : Intersentia nv
ISBN 13 : 905095152X
Total Pages : 404 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis The Many Faces of Differentiation in EU Law by : Bruno de Witte

Download or read book The Many Faces of Differentiation in EU Law written by Bruno de Witte and published by Intersentia nv. This book was released on 2001 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to cooperate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation. The contributions are made by Dominik Hanf, José M. de Areilza, Jean-Victor Louis, Sean Van Raepenbusch, Ludwig Kramer, Georgia Papagianni, Grainne de Burca, Ellen Vos, Linda Senden, Sacha Prechal, Wouter Devroe, Deirdre Curtin, Bruno De Witte, Eddy De Smijter en Jan Wouters.

Steiner & Woods EU Law

Author : Lorna Woods
Publisher : Oxford University Press, USA
ISBN 13 : 0199685673
Total Pages : 833 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Steiner & Woods EU Law by : Lorna Woods

Download or read book Steiner & Woods EU Law written by Lorna Woods and published by Oxford University Press, USA. This book was released on 2014 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 12th edition, this leading textbook provides a thorough account of the institutions that govern the EU along with the most important areas of substantive law. The book focuses on giving a clear explanation of the law, as well as highlighting areas for further debate.

The European Union and Social Security Law

Author : Jaan Paju
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911561
Total Pages : 225 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The European Union and Social Security Law by : Jaan Paju

Download or read book The European Union and Social Security Law written by Jaan Paju and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.

European Union Law: A Very Short Introduction

Author : Anthony Arnull
Publisher : Oxford University Press
ISBN 13 : 0191067075
Total Pages : 144 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis European Union Law: A Very Short Introduction by : Anthony Arnull

Download or read book European Union Law: A Very Short Introduction written by Anthony Arnull and published by Oxford University Press. This book was released on 2017-05-18 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is rarely out of the news and, as it deals with the consequences of the Brexit vote and struggles to emerge from the eurozone crisis, it faces difficult questions about its future. In this debate, the law has a central role to play, whether the issue be the governance of the eurozone, the internal market, 'clawing back powers from Europe' or reducing so-called 'Brussels red tape'. In this Very Short Introduction Anthony Arnull looks at the laws and legal system of the European Union, including EU courts, and discusses the range of issues that the European Union has been given the power to regulate, such as the free movement of goods and people. He considers why an organisation based on international treaties has proved capable of having far-reaching effects on both its Member States and on countries that lie beyond its borders, and discusses how its law and legal system have proved remarkably effective in ensuring that Member States respect the commitments they made when they signed the Treaties. Answering some of the key questions surrounding EU law, such as what exactly it is about, and how it has become part of the legal DNA of its Member States so much more effectively than other treaty-based regimes, Arnull considers the future for the European Union. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)

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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.

Advanced Introduction to European Union Law

Author : Jacques Ziller
Publisher : Edward Elgar Publishing
ISBN 13 : 1788119568
Total Pages : 200 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Advanced Introduction to European Union Law by : Jacques Ziller

Download or read book Advanced Introduction to European Union Law written by Jacques Ziller and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how member states of the EU confer powers to the Union through the founding treaties and the legal frame applicable to the Union’s institutions, and the rules that apply to their functioning and the legal review of their action. It reviews the main fields of action of the EU – the internal market, area of freedom, security and justice, external action – and how law is shaping them. The interaction between the EU and its member states is also explained.

Standing to Enforce European Union Law before National Courts

Author : Hilde K Ellingsen
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.