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Discretionary Powers Of The Member States In The Field Of Economic Policies And Their Limits Under The Eec Treaty
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Book Synopsis Discretionary Powers of the Member States in the Field of Economic Policies and Their Limits Under the EEC Treaty by : Jürgen Schwarze
Download or read book Discretionary Powers of the Member States in the Field of Economic Policies and Their Limits Under the EEC Treaty written by Jürgen Schwarze and published by Nomos Verlagsgesellschaft. This book was released on 1988 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Concept of State Aid Under EU Law by : Juan Jorge Piernas López
Download or read book The Concept of State Aid Under EU Law written by Juan Jorge Piernas López and published by Oxford University Press, USA. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.
Book Synopsis Administrative Discretion and Problems of Accountability by : Council of Europe
Download or read book Administrative Discretion and Problems of Accountability written by Council of Europe and published by Council of Europe. This book was released on 1997-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-rapporteur: mrs. Mavis Maclean.
Book Synopsis Steiner & Woods EU Law by : Lorna Woods
Download or read book Steiner & Woods EU Law written by Lorna Woods and published by Oxford University Press, USA. This book was released on 2014 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 12th edition, this leading textbook provides a thorough account of the institutions that govern the EU along with the most important areas of substantive law. The book focuses on giving a clear explanation of the law, as well as highlighting areas for further debate.
Book Synopsis The Relations Between the EC and International Organizations by : Rachel Frid
Download or read book The Relations Between the EC and International Organizations written by Rachel Frid and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: In November 1991 the EC acceded as a member of the FAO. On January 1, 1995 the EC became an original member to the WTO. This study deals with the interaction of two legal systems, namely between the legal system of the Community and that of other IOs. The more powers the Community gains, the more important it becomes to enable the Community to exercise these powers within the framework of relevant IOs. In particular, where the subject concerned comes under the Community's exclusive competence, the Member States have transferred their powers to the Community and thus the competent actor is the Community itself. The subject of participation by the Community in other IOs is not as yet well regulated either under Community law or under international institutional law. Furthermore, it has not been extensively treated in the literature to date. Hence, this study offers a theoretical analysis of the subject as well as an examination of daily practice in three case-studies on the relations of the EC with the FAO, the ILO and Fisheries Organizations, in particular the NAFO.
Book Synopsis The Power to Protect by : Catherine Button
Download or read book The Power to Protect written by Catherine Button and published by Hart Publishing. This book was released on 2004-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analysing the tension between health protection and trade liberalisation, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identifying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment. Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state's health regulations are reviewed by the WTO. The origins of the WTO's 'objective assessment' standard of review are explained, but the standard itself is criticised. Options for developing the standard of review are considered, with a 'reasonable regulator' standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.
Book Synopsis European Union Law by : Alina Kaczorowska
Download or read book European Union Law written by Alina Kaczorowska and published by Routledge. This book was released on 2013 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, the third edition of EU Law provides an exhaustive, yet easily readable, account of the complex and ever changing subject of EU law. The author gives thorough, authoritative, and up-to-the-minute treatment to the institutional, constitutional and substantive elements of EU Law. The book is unique in that it successfully combines depth of coverage with an excellent selection of supporting case law, making this challenging subject accessible and easy to follow. Case summaries and judgments are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: - Concise outlines, at the beginning of each chapter describing its content; - An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; - End of chapter recommended reading lists to facilitate further research; - End of chapter problem and essay questions testing the students' ability to apply what they have learnt; and, - A map identifying EU Member States, and their accession dates; acceding States; candidate States; and, potential candidate States. The book's companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies. It also provides comprehensive coverage of substantive and procedural EU competition law and thus has its place as a textbook for introductory courses on EU competition law.
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 International Investment Law and the Law of the European Union by : Xaralampos Tagaroulias
Download or read book International Investment Law and the Law of the European Union written by Xaralampos Tagaroulias and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library The fragility of the relationship between international law and European Union (EU) law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor. This book analyzes the legislative and jurisprudential backbone affecting both policy and practice in this area, showing in the process how both the autonomy of the EU legal order and the sovereignty of Member States can be strengthened through a common investor protection policy inside the EU with an efficient adjudication mechanism promised by the EU’s “new generation” agreements. With a thorough analysis of the parameters that the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals have set for the interplay between EU law and international investment law, the following salient issues and topics and more are covered: operation of the EU’s exclusive competence regarding foreign direct investment; EU rules on capital movements related to investments; potential conflicts between EU law and extra-EU bilateral investment treaties; intra-EU bilateral investment treaties viewed from the perspectives of both international and EU law primacy; role of arbitral tribunals in intra-EU dispute settlement and ramifications in the light of applicable law; and problems arising when the lex arbitri in the proceedings is the law of a non-EU state. The relevant jurisprudence of the CJEU is analyzed against ISDS case law, and detailed attention is paid to scholarship in the relevant fields. The author presents substantial and procedural solutions that will prevent the violation of EU law without sacrificing the substantial protection that arbitration provides for the protection of investments. The book goes largely beyond existing literature and is the first to jointly address EU law, international investment law, and integration theories with actionable solutions. It will allow all concerned with international judicial decision-making to acquire an arsenal of available normative responses to issues raised by EU law’s autonomy, primacy of EU law, EU competences, international EU responsibility, compatibility of ISDS with EU law, and other issues, addressing all the challenges likely to be raised in arbitral or court proceedings. Practitioners will discover viable ways to identify, prevent, or resolve legal impasses stemming from the overlap of EU law and other international law regimes when structuring an investment inside the EU.
Book Synopsis EU Law: Text, Cases, and Materials by : Paul Craig
Download or read book EU Law: Text, Cases, and Materials written by Paul Craig and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.
Book Synopsis European Union Law by : Alina Kaczorowska-Ireland
Download or read book European Union Law written by Alina Kaczorowska-Ireland and published by Routledge. This book was released on 2016-05-26 with total page 1276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; End of chapter recommended reading lists to encourage and facilitate further research; End of chapter problem and essay questions testing the students’ ability to apply what they have learnt; Cross-references to show how topics are interrelated; and A map identifying EU Member States, candidate States; and, potential candidate States. The book’s companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.
Book Synopsis Trade and Environment in the EC and the WTO by : Jochem Wiers
Download or read book Trade and Environment in the EC and the WTO written by Jochem Wiers and published by Europa Law Publishing. This book was released on 2003 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study describes and compares the rules of the European Community and the World Trade Organization on the liberalization of trade in goods and measures taken by members of these organizations for the protection of the environment." -- back cover.
Book Synopsis Judicial Review in Equal Treatment Cases by : Janneke Gerards
Download or read book Judicial Review in Equal Treatment Cases written by Janneke Gerards and published by BRILL. This book was released on 2005-05-01 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.
Book Synopsis Between Competition and Free Movement by : Julio Baquero Cruz
Download or read book Between Competition and Free Movement written by Julio Baquero Cruz and published by Bloomsbury Publishing. This book was released on 2002-08-04 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic. Competition and free movement are well known as fundamental elements of the Community legal order and are normally treated separately by different specialists. Hence their interaction has tended to receive less doctrinal analysis. This work bridges the gap and examines the interaction of these disparate rules using a framework which is defined by the author as the economic constitutional law of the European Community. The book then examines in depth specific issues such as, for example, the economic orientation of the constitution of the Community, the structure and principles of interpretation relating to it, or the gaps presented by this structure and the ways in which they have been filled by the European Court of Justice. Particular attention is given, in separate chapters, to two important topics: the possible extension of the application of the free movement rules to protectionist private conduct and that of the competition rules or principles extracted from them to State action. The problem of the public/private divide, a pressing one for contemporary constitutionalism and societies, is a major concern for the chapters devoted to these topics, and it is seen by the author as the central question of the economic constitutional law of the Community. The book is equally concerned with theoretical and practical issues, and will be of use and interest to academics and practitioners interested in the European Community legal order. In addition to the wealth of information it contains and its challenging analysis of the law, the book also provides a way of thinking afresh about the problems presented by these established branches of Community law.
Book Synopsis The Internal Market 2.0 by : Sacha Garben
Download or read book The Internal Market 2.0 written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.
Book Synopsis EU Foreign Investment Law by : Angelos Dimopoulos
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by OUP Oxford. This book was released on 2011-12-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.
Book Synopsis The Constitutional Protection of Capitalism by : Danny Nicol
Download or read book The Constitutional Protection of Capitalism written by Danny Nicol and published by Bloomsbury Publishing. This book was released on 2010-01-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.
