National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Constitutional Law in Cyprus

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511087
Total Pages : 360 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Cyprus by : Achilles C. Emilianides

Download or read book Constitutional Law in Cyprus written by Achilles C. Emilianides and published by Kluwer Law International B.V.. This book was released on 2024-04-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cyprus provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cyprus will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Media Law in Cyprus

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510056
Total Pages : 347 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Media Law in Cyprus by : Costas Stratilatis

Download or read book Media Law in Cyprus written by Costas Stratilatis and published by Kluwer Law International B.V.. This book was released on 2019-03-26 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Cyprus surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Cyprus will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

The European Union and Human Rights

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Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Family and Succession Law in Cyprus

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512881
Total Pages : 329 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Cyprus by : Achilles C. Emilianides

Download or read book Family and Succession Law in Cyprus written by Achilles C. Emilianides and published by Kluwer Law International B.V.. This book was released on 2024-04-17 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Cyprus covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Cyprus. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Labour Law in Cyprus

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507721
Total Pages : 259 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law in Cyprus by : Christina Ioannou

Download or read book Labour Law in Cyprus written by Christina Ioannou and published by Kluwer Law International B.V.. This book was released on 2019-03-26 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Cyprus not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Cyprus, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

National Constitutions and EU Integration

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509906754
Total Pages : 863 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis National Constitutions and EU Integration by : Stefan Griller

Download or read book National Constitutions and EU Integration written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 863 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

Labour Law in Cyprus

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403515287
Total Pages : 425 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law in Cyprus by : Achilles C. Emilianides

Download or read book Labour Law in Cyprus written by Achilles C. Emilianides and published by Kluwer Law International B.V.. This book was released on 2024-04-17 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Cyprus not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Cyprus, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

European Yearbook of Constitutional Law 2021

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Publisher : Springer Nature
ISBN 13 : 9462655359
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2021 by : Jurgen de Poorter

Download or read book European Yearbook of Constitutional Law 2021 written by Jurgen de Poorter and published by Springer Nature. This book was released on 2022-06-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, administrators and judges at the frontline of the constitutional edifice, which is accomplished through national, comparative and transnational perspectives on constitutional advice from Europe and beyond. Addressing the topic of constitutional advice is necessary to broaden and deepen not only our understanding of advice as a field in its own right, but also as a way of rendering a fuller account of contemporary constitutionalism. Also, the increasing political polarisation across many societies today underscores the need to study constitutional advice on topics of significance in an attempt to bridge divides and end gridlock. This book will be of special interest to constitutional scholars and legal scholars more generally, as well as to political scientists. In addition, government officials, judges and policy-makers wishing to better understand the legal mechanisms and avenues when it comes to rendering or receiving advice in the contemporary constitutional context will find much of relevance. Jurgen de Poorter is professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at Yong Pung How School of Law, Singapore Management University, Singapore.

European Constitutional Courts towards Data Retention Laws

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Publisher : Springer Nature
ISBN 13 : 3030571890
Total Pages : 384 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European Constitutional Courts towards Data Retention Laws by : Marek Zubik

Download or read book European Constitutional Courts towards Data Retention Laws written by Marek Zubik and published by Springer Nature. This book was released on 2020-10-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive. Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention. This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.

EU Soft Law in the Member States

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509932046
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Soft Law in the Member States by : Mariolina Eliantonio

Download or read book EU Soft Law in the Member States written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.

An Economic Analysis of Public Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800375794
Total Pages : 320 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis An Economic Analysis of Public Law by : George Dellis

Download or read book An Economic Analysis of Public Law written by George Dellis and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.

Spreading Democracy and the Rule of Law?

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Publisher : Springer Science & Business Media
ISBN 13 : 1402038429
Total Pages : 385 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Spreading Democracy and the Rule of Law? by : Wojciech Sadurski

Download or read book Spreading Democracy and the Rule of Law? written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2006-07-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

European Welfare State Constitutions after the Financial Crisis

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Publisher : Oxford University Press
ISBN 13 : 0192592688
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis European Welfare State Constitutions after the Financial Crisis by : Ulrich Becker

Download or read book European Welfare State Constitutions after the Financial Crisis written by Ulrich Becker and published by Oxford University Press. This book was released on 2020-11-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hit by the European financial and economic crisis in 2008, several Member States of the European Monetary Union (EMU) were unable to refinance their public debt through the financial markets. As a result, they asked for financial assistance from international institutions and European financial assistance mechanisms. That assistance often came at a high price for citizens, cuts in pensions and social assistance, and controversial reforms in public healthcare. These far-reaching reforms were, in many cases, experienced as violations of people's human rights. National constitutional courts, the Court of Justice of the EU, and the European Court of Human Rights issued a series of rulings on the conformity of the reforms in social protection initiated during the Eurozone crisis. This book offers a holistic analysis of the specific reforms in social protection introduced during the European financial crisis and their implications for constitutional law. Focusing on the social reforms of nine European countries that were greatly affected by the financial crisis, the volume seeks to address the legacy of the financial crisis on the application of constitutional law and the welfare state. The book will act as a helpful tool to legal academics interested in the challenges of constitutional and social law initiated by financial assistance conditionality, to advocates in quest of sound legal bases for the protection of individuals affected by social security reforms, and to national and international judges who are confronted with cases that question the legality and legitimacy of the crisis-related reforms.

The Impact of EU Law on Minority Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316174
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Impact of EU Law on Minority Rights by : Tawhida Ahmed

Download or read book The Impact of EU Law on Minority Rights written by Tawhida Ahmed and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

The Effectiveness and Application of EU and EEA Law in National Courts

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Publisher :
ISBN 13 : 9781780686554
Total Pages : 0 pages
Book Rating : 4.6/5 (865 download)

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Book Synopsis The Effectiveness and Application of EU and EEA Law in National Courts by : Christian N. K. Franklin

Download or read book The Effectiveness and Application of EU and EEA Law in National Courts written by Christian N. K. Franklin and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.

Towards a European Public Law

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Publisher : Oxford University Press
ISBN 13 : 0198789505
Total Pages : 225 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Towards a European Public Law by : Bernard Stirn

Download or read book Towards a European Public Law written by Bernard Stirn and published by Oxford University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.