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The Principle Of Mutual Recognition In The European Integration Process
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Book Synopsis The Principles of Mutual Recognition in the European Integration Process by : F. Schioppa
Download or read book The Principles of Mutual Recognition in the European Integration Process written by F. Schioppa and published by Springer. This book was released on 2005-05-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.
Book Synopsis The Nature of Mutual Recognition in European Law by : Wouter van Ballegooij
Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
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 Principle of Mutual Recognition in EU Law by : Christine Janssens
Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.
Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Book Synopsis Regulating Trade in Services in the EU and the WTO by : Ioannis Lianos
Download or read book Regulating Trade in Services in the EU and the WTO written by Ioannis Lianos and published by Cambridge University Press. This book was released on 2012-03-22 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers how different jurisdictions are integrated economically whilst at the same time maintaining regulatory pluralism and diversity.
Book Synopsis The Past and Future of EU Law by : Luis Miguel Poiares Pessoa Maduro
Download or read book The Past and Future of EU Law written by Luis Miguel Poiares Pessoa Maduro and published by Bloomsbury Publishing. This book was released on 2010-02-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
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 Interface between Competition and the Internal Market by : Vasiliki Brisimi
Download or read book The Interface between Competition and the Internal Market written by Vasiliki Brisimi and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
Book Synopsis Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014 by : Albertina Albors-Llorens
Download or read book Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014 written by Albertina Albors-Llorens and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.
Book Synopsis European Food Regulation after Enlargement by : Karolina Żurek
Download or read book European Food Regulation after Enlargement written by Karolina Żurek and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical legal perspective on the current direction of EU food regulation. Analysing three regulatory mechanisms - mutual recognition, scientific risk regulation and standardisation - in the evolution of food legislation in the EU, the book shows the inadequacy of the current framework in facing the challenges of enlargement. Using the particular experience of a new member state, Poland, the book argues that an enlarged Europe must not disregard diverse socio-economic implications of market regulation. Due to historical legacies and a bias in favour of homogeneity, the EU food regulatory regime has generated a one-dimensional crisis-oriented approach. As a result, it tends to overlook other legitimate concerns such as quality, diversity and local traditions. This book argues that this need not be so.
Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman
Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by OUP Oxford. This book was released on 2014-12-18 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
Book Synopsis European Integration Since the 1920s by : Mark Hewitson
Download or read book European Integration Since the 1920s written by Mark Hewitson and published by Oxford University Press. This book was released on 2024-10-14 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit, populism, and Euroscepticism seem to have challenged old assumptions about European integration and raised the prospect of disintegration. This book re-examines why the European Union and its forerunners were created and investigates how and why they have changed. It links contemporary events to historical explanation, arguing that there were long-term sets of conditions, dating back to the 1920s, which pushed European governments to cooperate economically and to try to resolve their diplomatic differences. The failure of the French and German governments to create what Aristide Briand had called a 'European federal union' demonstrated both the precariousness of the enterprise and its connection to the domestic politics of European states. After 1945, the unexpected advent of a 'Cold War' and the military, diplomatic and economic presence of the United States in Europe facilitated the gradual development of habits of cooperation and institutional 'integration', but they also placed limits on European governments' activities, as did disagreements between political parties and the expectations of citizens. As a consequence, supranational bodies such as the European Commission have been accompanied - and often overshadowed - by intergovernmental institutions such as the European Council, with the EU as a whole functioning in important respects as a type of confederation. The volume addresses a series of large-scale historical questions which are integral to an understanding of the European Union. It asks how and why citizens of member states have identified with the EU; how matters of 'security' affected the development of the European Community during and after the Cold War; whether economic and social convergence have taken place, and with what consequences; and why European institutions have come to function as they have. The study is thematic, focusing on the most important aspects of European integration and explaining why member states have decided to carry out - or have consented to - the unique experiment of the European Union.
Book Synopsis Treaty on the Functioning of the European Union - A Commentary by : Hermann-Josef Blanke
Download or read book Treaty on the Functioning of the European Union - A Commentary written by Hermann-Josef Blanke and published by Springer Nature. This book was released on 2021-05-31 with total page 1699 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
Book Synopsis EU Counterterrorism Policy by : Oldřich Bureš
Download or read book EU Counterterrorism Policy written by Oldřich Bureš and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the measures the European Union has taken to combat terrorism which demonstrates how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. The book addresses several legal counterterrorism instruments that have not been properly implemented at the national level, and highlights several areas where the EU can provide genuine value-added in the fight against terrorism.
Book Synopsis The Oxford Handbook of Citizenship by : Ayelet Shachar
Download or read book The Oxford Handbook of Citizenship written by Ayelet Shachar and published by Oxford University Press. This book was released on 2017 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship.
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.
