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The Principles 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 Origin and Meaning of Mutual Recognition as Foundational Principle in the European Integration Process by : Alexander Hoogenboom
Download or read book Origin and Meaning of Mutual Recognition as Foundational Principle in the European Integration Process written by Alexander Hoogenboom and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of mutual recognition is an eminently important principle in the European integration process. In its basic application the principle provides that a 'good' lawfully produced in one of the Member States of the EU, must be accepted without any restrictions in another Member State. The classic narrative sees the principle as having been introduced by the Court of Justice of the European Union in the famous case of Cassis de Dijon, after which it was subsequently applied to other areas of the integration process as a convenient 'middle way' (in between full harmonisation of legislation and simple rules prohibiting discriminatory treatment between the Member States). The purpose of this paper is, however, to argue that the principle has a deeper philosophical and historical understanding, drawing upon the work of both Fukuyama and Kant, and suffuses the European project more generally. A second objective is to see how this conceptualisation allows for a better understanding of the legal framework as developed by the Court of Justice.
Book Synopsis The Principle of Mutual Recognition in the European Integration Process by : Fiorella Schioppa
Download or read book The Principle of Mutual Recognition in the European Integration Process written by Fiorella Schioppa and published by Palgrave Macmillan. This book was released on 2005-09-03 with total page 288 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 collection 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 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 1970 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 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 European Integration by : Hans J. Michelmann
Download or read book European Integration written by Hans J. Michelmann and published by University Press of America. This book was released on 1994 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers a multidisciplinary overview of theories of, and academic approaches to, European integration. The authors include four political scientists, an economist, a historian and a legal scholar. They examine critically the theories of European integration, as well as related theoretical and empirical works in political science, sociology and economics.
Book Synopsis The Transnational Ne Bis in Idem Principle in the Eu by : John A.E Vervaele
Download or read book The Transnational Ne Bis in Idem Principle in the Eu written by John A.E Vervaele and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice's case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant.
Book Synopsis European Integration Revisited by : Michael Calingaert
Download or read book European Integration Revisited written by Michael Calingaert and published by Routledge. This book was released on 2018-02-12 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this fresh and timely account, Michael Calingaert explores the successes and failures of European economic and political integration, analyzes the factors that will determine its future course, and outlines the directions the European Union is moving in as it approaches the 21st century. Assessing U.S. interests affected by European integration, Calingaert recommends policies for the United States to consider in the face of an increasingly consolidated Europe. With its broad coverage and readable synthesis of a wealth of detailed information, this book will be of interest to students, scholars, and policymakers alike.
Book Synopsis European Integration by : Jacques Pelkmans
Download or read book European Integration written by Jacques Pelkmans and published by Addison Wesley Publishing Company. This book was released on 1997 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.Foundations: What is integration economics?. Developing economic integration in the Union. Economic constitution of the EU. Subsidiarity and economic functions of the Union - 2.Internal market. Product market integration: the method.Product market integration: economic analysis. Services market integration: the method. Services market integration: economic analysis. Factor market integration: the method. Factor market integration: economic analysis - 3.Common Policies. Common agricultural policy. EC competicion policy. Common trade policy. EC industrial policy - 4.Equity, stabilisation and extension. Equity for the Union?. European macroeconomic cooperation. Economic and monetary union. Pan-European Economic Integration.
Book Synopsis The EU Beyond Amsterdam by : Martin Westlake
Download or read book The EU Beyond Amsterdam written by Martin Westlake and published by Routledge. This book was released on 2002-06-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduced with a preface by Jacques Delors, this volume offers new insights and develops generalised theories about the nature of European integration. The contributors step back from the detail of the latest intergovernmental conference and budgetary negotiations to generate conclusions of enduring value. The issues dealt with include the following: * Britain and integration * intergovernmental conferences * the rule of law * making foreign policy work * the democratic deficit.
Book Synopsis Dilemmas of European Integration by : Giandomenico Majone
Download or read book Dilemmas of European Integration written by Giandomenico Majone and published by OUP Oxford. This book was released on 2005-03-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: If one lesson emerges clearly from fifty years of European integration it is that political aims should be pursued by overtly political means, and not by roundabout economic or legal strategies. The functionalist strategy of promoting spillovers from one economic sector to another has failed to achieve a steady progress towards a federal union, as Jean Monnet and other functionalists had hoped. On the other hand, the unanticipated results of 'integration through law' have included over-regulation and an institutional framework which is too rigid to allow significant policy and institutional innovations. Thus, integration by stealth has produced sub-optimal policies and a steady loss of legitimacy by the supranational institutions. Both the functionalist approach and the classic Community Method are becoming obsolete. This major new statement from a leading European scholar provides the most thorough analysis currently available of the pitfalls and ambiguities of 50 years of European integration, without losing sight of its benefits. Majone provides a clear demonstration of how a number of European policies - including environmental protection - lack a logically defensible rationale, while showing how, in other cases, objectives may be better achieved by re-nationalizing the policy in question. He also shows how, in an information-rich environment, co-ordination by mutual adjustment becomes possible, meaning that member states are no longer as dependent on central institutions as in the past. He explains how the challenge for future research is to investigate methods-other than delegation to supranational institutions-by which member states can credibly commit themselves to collective action. Dilemmas of European Integration concludes by explaining exactly why the model of a United States of Europe is bound to fail-not just due to lack of popular support, but because it finds itself unable to deliver the public goods which Europeans expect to receive from a full fledged government. Although failing as a would-be federation, the present Union could become an effective confederation, built on the solid foundation of market integration. The new Constitutional Treaty, Majone argues, seems to point in this direction.
Book Synopsis A Companion to European Union Law and International Law by : Dennis Patterson
Download or read book A Companion to European Union Law and International Law written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2016-03-16 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
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 Research Handbook on the Economics of European Union Law by : Thomas Eger
Download or read book Research Handbook on the Economics of European Union Law written by Thomas Eger and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union.
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 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.
