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The Legal Effects Of Eu Agreements

Author: Mario Mendez
Publisher: Oxford University Press
ISBN: 0199606617
Size: 42.55 MB
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The EU has concluded more than 1000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These Agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg. This book provides the first comprehensive treatment of the legal effects of EU Agreements explored in both comparative light and in terms of the ramifications for the legal orders of theMember States. Based on a data-set containing more than 320 cases, this book provides the first qualitative and quantitative analysis of the case-law in this increasingly important and rapidly growing area of EU law. The book reveals novel findings concerning EU level litigation involving EU Agreementsincluding: the types and which specific EU Agreements have arisen; the nature of the proceedings and the outcomes; who has been litigating; which domestic courts have been referring questions to the Luxembourg Court.

Eu External Relations Law

Author: Piet Eeckhout
Publisher: OUP Oxford
ISBN: 0191656054
Size: 21.26 MB
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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 many 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 fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

Yearbook Of European Law 1998

Author: Piet Eeckhout
Publisher: Oxford University Press on Demand
ISBN: 9780198298793
Size: 41.30 MB
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This is the eighteenth volume in an extremely successful series. The yearbook contains highly respected annual surveys, together with articles written by leading academics in the field, and through its commitment to consistently high standards, it is well established as an essential tool for all practitioners and scholars of EC law.

The Eu Deep Trade Agenda

Author: Billy A. Melo Araujo
Publisher: Oxford University Press
ISBN: 0198753381
Size: 17.98 MB
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Providing the first comprehensive examination of the key regulatory disciplines included in the new generation of EU free trade agreements (FTAs), this book investigates the EU's supposed deep trade agenda through a legal analysis of these FTAs. In doing so, Billy A. Melo Araujo determines whether there is any substance behind the EU's foreign policy rhetoric regarding the need to introduce regulatory issues within the remit of international trade law. At a time when the EU is busily negotiating so-called 'mega-FTAs', such as the Transatlantic Trade and Investment Partnership (TTIP) and the plurilateral Trade in Services Agreement (TISA), Melo Araujo offers a timely insight into the important questions raised by such FTAs, in particular concerning the future of the multilateral trade system, the loss of policy autonomy, and the democratic legitimacy of regulating through treaty-making. The book provides a detailed analysis of the regulatory disciplines included in the more recent EU FTAs and explores the possible implications of such disciplines. Offering a significant contribution to a wider debate, this is a must read for those interested in the legal dimension of the EU's deep trade agenda.

The Principle Of Loyalty In Eu Law

Author: Marcus Klamert
Publisher: Oxford University Press
ISBN: 0199683123
Size: 76.67 MB
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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

Oxford Principles Of European Union Law

Author: Robert Schütze
Publisher: Oxford University Press
ISBN: 0191058807
Size: 39.56 MB
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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.

Eu Liability And International Economic Law

Author: Armin Steinbach
Publisher: Bloomsbury Publishing
ISBN: 1509901612
Size: 67.86 MB
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The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.

The Accession Of The European Union To The European Convention On Human Rights

Author: Paul Gragl
Publisher: Bloomsbury Publishing
ISBN: 1782251642
Size: 47.96 MB
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After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

The Oxford Handbook Of European Union Law

Author: Anthony Arnull
Publisher: Oxford University Press, USA
ISBN: 0199672644
Size: 70.37 MB
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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 International Agreements

Author: Nadine Zipperle
Publisher: Springer
ISBN: 331964078X
Size: 71.69 MB
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This book provides an analysis of the institutional and constitutional effects of EU international agreements, with a particular focus on their potential effects on private parties. The European Union has entered into a number of international agreements that raise serious fundamental rights concerns due to a lack of parliamentary and judicial scrutiny. The book addresses these issues in the context of developments contained in the Lisbon Treaty, focusing on primary and secondary sources, including German/French scholarship, as well as EU and national case law.