The Principle Of Subsidiarity And Its Enforcement In The Eu Legal Order

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The Principle of Subsidiarity and its Enforcement in the EU Legal Order

Author : Katarzyna Granat
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908684
Total Pages : 457 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Principle of Subsidiarity and its Enforcement in the EU Legal Order by : Katarzyna Granat

Download or read book The Principle of Subsidiarity and its Enforcement in the EU Legal Order written by Katarzyna Granat and published by Bloomsbury Publishing. This book was released on 2018-05-31 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Research Handbook on EU Institutional Law

Author : Adam Lazowski
Publisher : Edward Elgar Publishing
ISBN 13 : 1782544747
Total Pages : 519 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Institutional Law by : Adam Lazowski

Download or read book Research Handbook on EU Institutional Law written by Adam Lazowski and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Reinforcing Rule of Law Oversight in the European Union

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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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.

The Treaty on European Union (TEU)

Author : Hermann-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 3642317065
Total Pages : 1821 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis The Treaty on European Union (TEU) by : Hermann-Josef Blanke

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.

Consensus-Based Interpretation of Regional Human Rights Treaties

Author : Francisco Pascual-Vives
Publisher : BRILL
ISBN 13 : 9004375511
Total Pages : 308 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Consensus-Based Interpretation of Regional Human Rights Treaties by : Francisco Pascual-Vives

Download or read book Consensus-Based Interpretation of Regional Human Rights Treaties written by Francisco Pascual-Vives and published by BRILL. This book was released on 2019-07-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

The ABC of European Union Law

Author : Klaus-Dieter Borchardt
Publisher : Office for Official Publications of the European Communities
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt

Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

The European Union and Human Rights

Author : Nanette A. Neuwahl
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:

The Role of the Regions in EU Governance

Author : Carlo Panara
Publisher : Springer Science & Business Media
ISBN 13 : 3642119034
Total Pages : 350 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis The Role of the Regions in EU Governance by : Carlo Panara

Download or read book The Role of the Regions in EU Governance written by Carlo Panara and published by Springer Science & Business Media. This book was released on 2010-11-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.

Varieties of European Subsidiarity

Author : Ralf Alleweldt
Publisher :
ISBN 13 : 9781910814574
Total Pages : 228 pages
Book Rating : 4.8/5 (145 download)

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Book Synopsis Varieties of European Subsidiarity by : Ralf Alleweldt

Download or read book Varieties of European Subsidiarity written by Ralf Alleweldt and published by . This book was released on 2021-02-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Foreign Affairs and the EU Constitution

Author : Robert Schütze
Publisher : Cambridge University Press
ISBN 13 : 1107037662
Total Pages : 557 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Foreign Affairs and the EU Constitution by : Robert Schütze

Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Administrative Law and Policy of the European Union

Author : Herwig C.H. Hofmann
Publisher : Oxford University Press, USA
ISBN 13 : 0199286485
Total Pages : 1064 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Administrative Law and Policy of the European Union by : Herwig C.H. Hofmann

Download or read book Administrative Law and Policy of the European Union written by Herwig C.H. Hofmann and published by Oxford University Press, USA. This book was released on 2011-10-27 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.

EU Law

Author : Paul Craig (Law)
Publisher :
ISBN 13 : 9780191892219
Total Pages : 1456 pages
Book Rating : 4.8/5 (922 download)

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Book Synopsis EU Law by : Paul Craig (Law)

Download or read book EU Law written by Paul Craig (Law) and published by . This book was released on 2020 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation, and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU has been added.

Oxford Principles of European Union Law

Author : Robert Schütze
Publisher : Oxford University Press
ISBN 13 : 0199533776
Total Pages : 1441 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Oxford Principles of European Union Law by : Robert Schütze

Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website

EU Law

Author : Paul Craig
Publisher :
ISBN 13 : 0198856644
Total Pages : 1344 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Law by : Paul Craig

Download or read book EU Law written by Paul Craig and published by . This book was released on 2020-07-21 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.

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

Author : Anneli Albi
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.