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Author :
Publisher :
ISBN 13 : 9788834899427
Total Pages : 592 pages
Book Rating : 4.8/5 (994 download)
Download or read book Diritto pubblico comparato ed europeo 2010 written by and published by . This book was released on 2010 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Francesco Merloni
Publisher : Springer
ISBN 13 : 3319724932
Total Pages : 319 pages
Book Rating : 4.3/5 (197 download)
Download or read book European Democratic Institutions and Administrations written by Francesco Merloni and published by Springer. This book was released on 2018-09-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.
Author : Francesco Cherubini
Publisher : Routledge
ISBN 13 : 1317804449
Total Pages : 370 pages
Book Rating : 4.3/5 (178 download)
Download or read book Asylum Law in the European Union written by Francesco Cherubini and published by Routledge. This book was released on 2014-11-13 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.
Author : Hermann-Josef Blanke
Publisher : Springer
ISBN 13 : 3319193007
Total Pages : 620 pages
Book Rating : 4.3/5 (191 download)
Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-09-24 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.
Author : Leonardo Pierdominici
Publisher : Springer Nature
ISBN 13 : 3030478645
Total Pages : 418 pages
Book Rating : 4.0/5 (34 download)
Download or read book The Mimetic Evolution of the Court of Justice of the EU written by Leonardo Pierdominici and published by Springer Nature. This book was released on 2020-07-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
Author : Alberto Febbrajo
Publisher : Routledge
ISBN 13 : 1317052935
Total Pages : 299 pages
Book Rating : 4.3/5 (17 download)
Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
ISBN 13 : 3319025708
Total Pages : 231 pages
Book Rating : 4.3/5 (19 download)
Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Author : Hermann-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 3642317065
Total Pages : 1821 pages
Book Rating : 4.6/5 (423 download)
Download or read book The Treaty on European Union (TEU) written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Author : Sabino Cassese
Publisher : Oxford University Press
ISBN 13 : 0191039837
Total Pages : 841 pages
Book Rating : 4.1/5 (91 download)
Download or read book Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-24 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Author : Catherine Flaesch-Mougin
Publisher : Primento
ISBN 13 : 2802742035
Total Pages : 414 pages
Book Rating : 4.8/5 (27 download)
Download or read book La dimension extérieure de l'espace de liberté, de sécurité et de justice de l'Union européenne après le Traité de Lisbonne written by Catherine Flaesch-Mougin and published by Primento. This book was released on 2013-04-03 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le présent ouvrage est le résultat d’une recherche conjointe entre les Universités de Bologne, Rennes et Bruxelles sur le thème de la dimension extérieure de l’espace de liberté, de sécurité et de justice de l’Union européenne (ELSJ). Cette recherche a été soutenue par la Commission européenne dans le cadre de l’ Action Jean Monnet. Il associe des professeurs et chercheurs de renom qui conjuguent leurs compétences et situent leur analyse à l’intersection des politiques en la matière et des politiques externes de l’Union européenne. Les auteurs évaluent de manière critique l’impact du traité de Lisbonne et de la pratique de l’Union concernant la dimension extérieure de l’ELSJ. Cette dimension dont l’importance ne cesse de croître oblige l’Union à concilier des impératifs parfois contradictoires entre les objectifs sécuritaires de l’ELSJ ou ceux de l’action extérieure, ou encore avec les valeurs sur lesquelles elle est fondée. Les auteurs tentent de répondre à différentes questions induites par le nouveau système de représentation extérieure de l’Union dans le domaine de l’ELSJ : Quelles sont les retombées juridiques du nouveau système ? Quel est également son impact politique ? Ne risque-t-on pas une incursion croissante de la politique étrangère et de sécurité commune (PESC) dans les aspects sécuritaires de l’ELSJ ?
Author : Massimo Monteduro
Publisher : Springer
ISBN 13 : 3662466171
Total Pages : 502 pages
Book Rating : 4.6/5 (624 download)
Download or read book Law and Agroecology written by Massimo Monteduro and published by Springer. This book was released on 2015-05-06 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural”: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.
Author : Kenneth A Armstrong
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940960
Total Pages : 331 pages
Book Rating : 4.5/5 (99 download)
Download or read book EU External Relations and the Power of Law written by Kenneth A Armstrong and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends. Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda. Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.
Author : Eva Kassoti
Publisher : Springer Nature
ISBN 13 : 9462655758
Total Pages : 309 pages
Book Rating : 4.4/5 (626 download)
Download or read book The Principle of Solidarity written by Eva Kassoti and published by Springer Nature. This book was released on 2023-02-13 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.
Author : Mahendra Pal Singh
Publisher : Springer
ISBN 13 : 9811370524
Total Pages : 398 pages
Book Rating : 4.8/5 (113 download)
Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
Author : Tony Marguery
Publisher : Bruylant
ISBN 13 : 2802768352
Total Pages : 424 pages
Book Rating : 4.8/5 (27 download)
Download or read book Les élections européennes 40 ans après – The European Elections, 40 years later written by Tony Marguery and published by Bruylant. This book was released on 2020-09-28 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: En 2019, 40 ans après la première élection des membres du Parlement européen au suffrage universel direct en 1979, les citoyens de l’Union étaient une neuvième fois appelés aux urnes. Entre ces deux dates, le Parlement européen a profondément changé, passant d’une simple assemblée consultative au colégislateur de droit commun d’une Union européenne en proie à de nombreuses crises. Les contributions au présent ouvrage, tirées des travaux d’un colloque international qui s’est tenu à l’Université de Bordeaux les 9 et 10 mai 2019, entendent dresser le bilan, les enjeux et les perspectives, tant des élections européennes de 2019 que de la démocratie représentative européenne de façon globale. In 2019, 40 years after the first election of members of the European Parliament by direct universal suffrage in 1979, the citizens of the Union were called to the polls for the ninth time. Between these two dates, the European Parliament changed dramatically, from a mere consultative assembly to the ordinary co-legislator of a European Union plagued by many crises. This book draws on an international conference held at the University of Bordeaux on May 9 and 10, 2019. The various contributions therein intend to take stock, examine the challenges and envisage the prospects, not only of the 2019 European elections but also of representative European democracy in general.
Author : Stefania Negri
Publisher : Springer Science & Business Media
ISBN 13 : 364240555X
Total Pages : 281 pages
Book Rating : 4.6/5 (424 download)
Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.
Author : Luigi Daniele
Publisher : Springer
ISBN 13 : 3319538950
Total Pages : 418 pages
Book Rating : 4.3/5 (195 download)
Download or read book Democracy in the EMU in the Aftermath of the Crisis written by Luigi Daniele and published by Springer. This book was released on 2017-04-21 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.
