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The Tangled Complexity Of The Eu Constitutional Process

Author: Giuseppe Martinico
Publisher: Routledge
ISBN: 0415688191
Size: 57.26 MB
Format: PDF
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Despite the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices. The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. The Tangled Complexity of the EU Constitutional Process will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science.

The Legitimacy Of The European Union Through Legal Rationality

Author: Richard Ball
Publisher: Routledge
ISBN: 1136011609
Size: 55.17 MB
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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

Research Handbook On Legal Pluralism And Eu Law

Author: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Size: 19.67 MB
Format: PDF, Mobi
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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Eu Health Systems And Distributive Justice

Author: Danielle Da Costa Leite Borges
Publisher: Routledge
ISBN: 1317240626
Size: 14.70 MB
Format: PDF, ePub, Mobi
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EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.

European Perspectives On Environmental Law And Governance

Author: Suzanne Kingston
Publisher: Routledge
ISBN: 0415500060
Size: 58.68 MB
Format: PDF, Kindle
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"This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book focuses on three key cross-cutting issues each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second part of the book deals with the challenge of integrating environmental considerations into other policy areas, as required by the Treaty on the Functioning of the European Union, as well as the EU's Charter of Fundamental Rights. While the third theme focuses on the important challenge of improving environmental enforcement within the EU, considering issues such as the Aarhus Convention and the development of the Commission's work on implementation and enforcement over the last twenty years. Throughout the book the three selected themes are situated within the broader ongoing debate about the changing nature of European environmental governance, covering topics such as the development of European environmental governance post-Lisbon and how such development fits with broader trends in European governance theory and policy.The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law"--

Local Government In Europe

Author: Carlo Panara
Publisher: Routledge
ISBN: 1135021260
Size: 70.85 MB
Format: PDF, ePub, Docs
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This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.

The Evolving Eu Counter Terrorism Legal Framework

Author: Maria O'Neill
Publisher: Routledge
ISBN: 1136493832
Size: 76.33 MB
Format: PDF
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Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.

Eu External Relations Law And The European Neighbourhood Policy

Author: Bart Van Vooren
Publisher: Routledge
ISBN: 0415674662
Size: 79.87 MB
Format: PDF, ePub
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"During the 1970s, the EU member states made fledgling attempts to coordinate their foreign policies in the form of intergovernmental structures called European Political Cooperation. These initial efforts towards integrating national foreign policies were of limited success, as was evident from the failure to respond effectively to the infamous hostage situation in Tehran, or the lacklustre European response to the USSR invasion of Afghanistan over Christmas 1979. This dynamic has continued in the last decades of the twentieth century and into the twenty-first. The first ever European Security Strategy of 2003 was drawn up after deep European disagreement over the Iraq war. The big bang-enlargement of May 2004 prompted the need for a novel policy that draws together EU and member state action to effectively deal with the EUs new neighbours: the European Neighbourhood Policy (ENP).This book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest grand experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments"--

The Interaction Between Europe S Legal Systems

Author: Giuseppe Martinico
Publisher: Edward Elgar Publishing
ISBN: 1781005664
Size: 36.82 MB
Format: PDF, Docs
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This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

Criminal Law And Policy In The European Union

Author: Samuli Miettinen
Publisher: Routledge
ISBN: 0415474264
Size: 23.19 MB
Format: PDF
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"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--