Search Results for "the-foundations-of-european-union-law"

The Foundations of European Union Law

The Foundations of European Union Law

An Introduction to the Constitutional and Administrative Law of the European Union

  • Author: Trevor C. Hartley
  • Publisher: Oxford University Press (UK)
  • ISBN: 0199681457
  • Category: Law
  • Page: 503
  • View: 8837
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The Foundations of European Union Law provides an impressively clear and easily understood account of the constitutional and administrative law of the EU. Hartley examines the institutions, of the EU (including European Court and the Court of the First Instance), the Union legal system and the major constitutional issues before moving on to the area of administrative law and remedies. This new edition contains full coverage of the European financial crisis and the accession of Croatia to the European Union.The Foundations of European Union Law is renowned as a highly reliable and authoritative text valued by students and practitioners alike.

The foundations of European Community law

The foundations of European Community law

an introduction to the constitutional and administrative law of the European Community

  • Author: Trevor C. Hartley
  • Publisher: Oxford University Press, USA
  • ISBN: N.A
  • Category: Law
  • Page: 518
  • View: 2449
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The new edition is expanded to include: BL the establishment of a Court of First Instance BL the conclusion of the Maastricht Treaty on European Union This is the third edition of Trevor Hartley's acclaimed introduction to the legal framework and institutions of the European Community. The new edition has been completely revised and re-drafted to take account of the major changes which have occurred since the publication of the second edition in1988. The extent to which this subject has developed since the last edition can be judged from the fact that the author has included and analysed more than 120 new cases from the European Court of Justice, all of which have direct bearing on the subject.

The Foundations of EU Data Protection Law

The Foundations of EU Data Protection Law

  • Author: Orla Lynskey
  • Publisher: Oxford University Press
  • ISBN: 0198718233
  • Category: Data protection
  • Page: 264
  • View: 5583
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Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.

Philosophical Foundations of European Union Law

Philosophical Foundations of European Union Law

  • Author: Julie Dickson,Pavlos Eleftheriadis
  • Publisher: OUP Oxford
  • ISBN: 0191652164
  • Category: Law
  • Page: 668
  • View: 1723
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The Foundations of the EU as a Polity

The Foundations of the EU as a Polity

  • Author: Massimo Fichera
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785363905
  • Category: Law
  • Page: 224
  • View: 6602
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In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.

The Foundations of European Union Competition Law

The Foundations of European Union Competition Law

The Objective and Principles of Article 102

  • Author: Renato Nazzini
  • Publisher: Oxford University Press
  • ISBN: 0199226156
  • Category: Law
  • Page: 435
  • View: 5377
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Article 82 of the EC Treaty prohibits the abuse of a dominant position as incompatible with the common market. Its application in practice has been wide-ranging with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, total welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex, conceptual questions such as how a dominant position should be defined, and how abuses can be assessed. This book addresses the conceptual questions underlying the test to be applied under Article 82 in light of the objectives of EU competition law. Adopting a comparative and interdisciplinary approach, the book covers all the main issues relating to Article 82, including the definition of dominance, the taxonomy of abuses, and the criteria for the assessment of individual abusive practices. It provides an in-depth doctrinal and normativecommentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

Legal Foundations of EU Economic Governance

Legal Foundations of EU Economic Governance

  • Author: Antonio Estella
  • Publisher: Cambridge University Press
  • ISBN: 110714101X
  • Category: Law
  • Page: 279
  • View: 5179
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A critical analysis of the legal dimension of European Union economic governance.

External Relations of the European Union

External Relations of the European Union

Legal and Constitutional Foundations

  • Author: Piet Eeckhout
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199287215
  • Category: Law
  • Page: 490
  • View: 868
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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.

Questioning the Foundations of Public Law

Questioning the Foundations of Public Law

  • Author: Michael A Wilkinson,Michael W Dowdle
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509911693
  • Category: Law
  • Page: 288
  • View: 5547
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In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

Foundations of EU Food Law and Policy

Foundations of EU Food Law and Policy

Ten Years of the European Food Safety Authority

  • Author: Alberto Alemanno,Simone Gabbi
  • Publisher: Routledge
  • ISBN: 1317133684
  • Category: Law
  • Page: 392
  • View: 8233
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This volume presents the viewpoints of academics, food lawyers, industry and consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy. By revisiting and discussing the milestones in the history of EFSA, the collection provides forward-looking views of food leaders and practitioners on the future scientific and regulatory challenges facing the European Union. In particular, by presenting a critical assessment of the agency’s activities within its different areas of work, the book offers readers a set of innovative tools for evaluating policy recommendations and better equips experts and the public to address pressing regulatory issues in this emotive area of law and policy. Despite its celebratory mood, the book’s focus is more about the future than the past of EU food law and policy. Each chapter discusses how EFSA’s role has evolved and identifies what it should have done differently while presenting an overall assessment of how the agency has discharged its mandate.

The Making of the European Union

The Making of the European Union

Foundations, Institutions and Future Trends

  • Author: Sten Berglund
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781781959008
  • Category: Political Science
  • Page: 238
  • View: 8226
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The Making of the European Union argues that the process of European integration has drifted into serious crisis, perhaps the most serious since the Danes voted against the Treaty of the European Union in 1992. Analysing the conditions for European integration, this book applies a citizens' or 'bottom-up' perspective on the integration process. The difficulties that the constitutional process has encountered illustrate the relevance of bringing public opinion into the analysis of the prospects for European integration. The book describes and analyses the historical, mental, intellectual , and attitudinal denominators of European integration, denominators that have shaped the processes so far and will continue to do so in the future. The authors apply a broad comparative perspective, where European nation-states constitute the primary units of analysis. The focus is on the foundations of European integration, public views about the EU, including various shades of Euroscepticism, and the long-term prospects of the EU. This book will appeal to a wide audience including scholars and researchers in the social sciences - particularly political science, comparative politics and European studies. The book will also be of great interest to journalists and all those involved in the EU, including policy makers and civil servants throughout the EU itself.

Humanity at Sea

Humanity at Sea

Maritime Migration and the Foundations of International Law

  • Author: Itamar Mann
  • Publisher: Cambridge University Press
  • ISBN: 1316785297
  • Category: Political Science
  • Page: N.A
  • View: 1844
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This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

Oxford Principles of European Union Law

Oxford Principles of European Union Law

Volume 1: The European Union Legal Order

  • Author: Robert Schütze,Takis Tridimas
  • Publisher: Oxford University Press
  • ISBN: 0191058807
  • Category: Law
  • Page: 1149
  • View: 2651
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Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I 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. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law

  • Author: Anthony Arnull,Damian Chalmers
  • Publisher: Oxford University Press, USA
  • ISBN: 0199672644
  • Category: Law
  • Page: 1051
  • View: 4159
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and thecitizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in theforeseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

EU Agencies

EU Agencies

Legal and Political Limits to the Transformation of the EU Administration

  • Author: Merijn Chamon
  • Publisher: Oxford University Press
  • ISBN: 0198784481
  • Category:
  • Page: 416
  • View: 5313
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Over the last two decades, EU legislation has established a growing number of subsidiary bodies commonly referred to as EU decentralised agencies. Recent years have witnessed the conferral of increasingly significant powers to these bodies to the point where the successful implementation of many of the EU's policies is now dependent upon the activities of EU agencies. While EU agencies have become indispensable in terms of their practical importance, the lack of a legal basis in the EU Treaties to establish and empower new bodies as well as the lack of an adequate framework in secondary law means that there exists little control over EU agencies. This results in critical issues, such as the absence of clear criteria prescribing when an agency may be empowered to act and also the failure to consider the interests of the actors normally responsible for the implementation of EU law, such as the Member States and the Commission. Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification? Analysing EU agencies from an institutional and constitutional perspective, the book traces the development of EU agencies, explores the different tasks they perform, investigates the limits to agencification, and discusses the legal basis for such agencies.

Treaty Conflict and the European Union

Treaty Conflict and the European Union

  • Author: Jan Klabbers
  • Publisher: Cambridge University Press
  • ISBN: 0521455464
  • Category: Law
  • Page: 260
  • View: 9682
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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

An Introduction to European Law

An Introduction to European Law

  • Author: Robert Schütze
  • Publisher: Cambridge University Press
  • ISBN: 1107111811
  • Category: Law
  • Page: 380
  • View: 1970
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Written with exceptional clarity, simplicity and precision, this short textbook provides a classic introduction to European law. Using a clear structural framework, it guides students through the subject's core elements and key issues, from the creation and enforcement of European law to the workings of the internal market. Chapters are enriched with figures and tables to clarify difficult topics and illustrate relationships and processes, ensuring that students understand even the most complex of concepts. The second edition has been updated throughout and includes an entirely new chapter on the internal market for goods. Two new practical appendices offer suggestions for further reading and guide readers through the process of finding and reading EU Court judgments. A companion website features full 'Lisbonised' versions of the cases cited in the text, links to EU legislation, downloadable figures and textbook updates.

EU Law

EU Law

Text, Cases, and Materials

  • Author: Paul P. Craig,Gráinne De Búrca
  • Publisher: Text, Cases and Materials
  • ISBN: 0198714920
  • Category: Law
  • Page: 1198
  • View: 7292
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'Craig & de Burca has become a byword for quality: legally accurate and contextually rich' Christopher Hilson, Professor of Law, University of Reading Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience both teaching and writing in this area, Paul Craig and Grainne de Burca provide a comprehensive and enhanced account of their classic text. Working closely as an author team for over twenty years, they succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic articles. All 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. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject. The book is accompanied by an Online Resource Centre which includes the following resources: - An interactive map of the EU, providing key facts about each member state - An interactive timeline, tracing key dates in the development of the EU - Author video discussing the importance of studying EU law - Updates to the law post-publication

Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union

  • Author: Carlos Closa
  • Publisher: Cambridge University Press
  • ISBN: 1107108888
  • Category: Law
  • Page: 338
  • View: 8993
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This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.