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Commission Communication Better Monitoring Of The Application Of Community Law
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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 E.C. Environmental Law by : Ludwig Krämer
Download or read book E.C. Environmental Law written by Ludwig Krämer and published by . This book was released on 2000 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Centralised Enforcement, Legitimacy and Good Governance in the EU by : Melanie Smith
Download or read book Centralised Enforcement, Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Book Synopsis Why Noncompliance by : Tanja A. Börzel
Download or read book Why Noncompliance written by Tanja A. Börzel and published by Cornell University Press. This book was released on 2021-02-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Noncompliance traces the history of noncompliance within the European Union (EU), focusing on which states continuously do or do not follow EU Law, why, and how that affects the governance in the EU and beyond. In exploring the EU's long and varied history of noncompliance, Tanja A. Börzel takes a close look at the diverse groups of noncompliant states throughout the EU's existence. Why do states that are vocally critical of the EU have a better record of compliance than those that support the EU? Why has noncompliance been declining since the 1990s, even though the EU was adding member-states and numerous laws? Börzel debunks conventional wisdoms in EU compliance research, showing that noncompliance in the EU is not caused by the new Central and Eastern European member states, nor by the Eurosceptic member states. So why do these states take the brunt of Europe's misplaced ire? Why Noncompliance introduces politicization as an explanatory factor that has been long overlooked in the literature and scholarship surrounding the European Union. Börzel argues that political controversy combined with voting power and administrative capacity, explains why noncompliance with EU law has been declining since the completion of the Single Market, cannot be blamed on the EU's Central and Easter European member states, and is concentrated in areas where EU seeks to protect citizen rights. Thanks to generous funding from Freie Universitat Berlin, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Book Synopsis The Role of Competitors in the Enforcement of State Aid Law by : Fernando Pastor-Merchante
Download or read book The Role of Competitors in the Enforcement of State Aid Law written by Fernando Pastor-Merchante and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.
Book Synopsis The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law by : Levente Borzsák
Download or read book The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law written by Levente Borzsák and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.
Book Synopsis The Harmonisation of European Contract Law by : Stefan Vogenauer
Download or read book The Harmonisation of European Contract Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2006-03-16 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
Book Synopsis European Administrative Decisions by : Andrea M. Keessen
Download or read book European Administrative Decisions written by Andrea M. Keessen and published by Europa Law Publishing. This book was released on 2009 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In view of the alleged democratic deficit at the European level, it is all the more important that the administration of European law suffers neither from an application or enforcement deficit nor from a judicial deficit. This concern is particularly acute when the Member States depend on each other for the effective implementation of European law. Since the Treaty leaves the administration of European law primarily in the hands of the Member States, without offering a legal basis for the harmonization of procedural administrative law, each area of law has its own administrative procedural rules. It is evaluated in the context of Community product regulation whether the available European rules are adequate to enable the administration to achieve the aims of the legislation (the free movement of authorized products on the internal market and a high level of protection for the environment or public health) and guarantee respect for the right to be heard and the right to judicial protection as well. This book demonstrates that many lessons could be learned from the regulation of products in order to improve the drafting of European legislation that produces European administrative decisions. Then, it is no longer necessary to reinvent the wheel each time effective implementation requires administrative cooperation between the Member States and the Community institutions and bodies. The main result of administrative cooperation between the Member States, with the aid of the Community institutions and bodies, is the creation of administrative decisions with EU-wide effect. This occurs for instance through mutual recognition of administrative decisions. The exchange of information and mutual assistance should give enforcement EU-wide effect as well, but this is still in its infancy in the area of EC product regulation. The development of rules, which ensure respect for the right to be heard and to judicial protection, is also lagging behind. This leads to gaps in the legal protection of individuals.
Book Synopsis The End of Territoriality? by : Andreas J. Obermaier
Download or read book The End of Territoriality? written by Andreas J. Obermaier and published by Routledge. This book was released on 2016-03-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through analyzing the implementation of a series of European Court of Justice rulings in the key member states of Germany, France and the UK, The End of Territoriality brings the high impact issue of policy changes to the foreground. The time sequencing of such changes is traced and scrutinized through a detailed investigation by Obermaier, followed by a comprehensive illustration on the full impact the policy amendments have had on the welfare states. By drawing extensively on original sources and new material, this volume will be of key interest to those studying and working within social policy, welfare, political sociology, and European law.
Book Synopsis Enforcement of European Union Environmental Law by : Martin Hedemann-Robinson
Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2015-05-15 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.
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.
Book Synopsis European Union Law for the Twenty-First Century: Volume 2 by : Takis Tridimas
Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2004-12-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill.
Book Synopsis The Enforcement of EU Law by : Stine Andersen
Download or read book The Enforcement of EU Law written by Stine Andersen and published by Oxford University Press. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.
Book Synopsis Formal Linguistics and Law by : Günther Grewendorf
Download or read book Formal Linguistics and Law written by Günther Grewendorf and published by Walter de Gruyter. This book was released on 2009 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume explores new interfaces between linguistics and jurisprudence. Its theoretical and methodological importance lies in showing that many questions asked within language and law receive satisfactory answers from formal linguistics, including computational linguistics, artificial intelligence, translation studies, psycholinguistics, semantics, phonetics and corpus linguistics.
Book Synopsis European Union Legislation 2011-2012 by : Jeff Kenner
Download or read book European Union Legislation 2011-2012 written by Jeff Kenner and published by Routledge. This book was released on 2013-01-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed specifically for students, and responding to current market feedback, Routledge Student Statutes offer a comprehensive collection of statutory provisions un-annotated and therefore ideal for LLB and GDL course and exam use. In addition, an accompanying website offers extensive guidance on how to use and interpret statutes, providing valuable tutorial and exam preparation.
Book Synopsis European Investigation Order by : Maria Angela Biasiotti
Download or read book European Investigation Order written by Maria Angela Biasiotti and published by Springer Nature. This book was released on 2023-09-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes two essential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations among different cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
Book Synopsis Civil Society and Legitimate European Governance by : Stijn Smismans
Download or read book Civil Society and Legitimate European Governance written by Stijn Smismans and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.
