Ambiguity In Eu Law
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Ambiguity In Eu Law
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Author : Sofiya Kartalova
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-07
Ambiguity In Eu Law written by Sofiya Kartalova and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-07 with Law categories.
Ambiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU’s strategic use of ambiguity. Ambiguity is here transformed from an underestimated or misunderstood detail of undetermined significance to a desirable systemic feature of the EU legal order with concrete properties and impact. Ambiguity as the implicit basis of the CJEU’s decision-making is shown to be strategically valuable for the implementation of the authority of EU law at some of the most pivotal moments in the evolution of the EU legal order. This interdisciplinary investigation presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU’s leading preliminary rulings in the area of fundamental rights, freedom of movement and EU citizenship. The book suggests a categorisation of examples, basic guidance about the type of case and situation where the phenomenon is likely to emerge as well as an assessment of the advantages and disadvantages of this unusual judicial technique. The book will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism.
Ambiguity In The Rule Of Law
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Author : G.K. van Hogendorp Centre for European Constitutional Studies
language : en
Publisher: ISBS
Release Date : 2001
Ambiguity In The Rule Of Law written by G.K. van Hogendorp Centre for European Constitutional Studies and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Ambiguity in the Rule of Law was the theme of a colloquium organized by the Hogendorp Centre for European Constitutional Studies in Amsterdam in 1999. The discussion centered around the assumption that enhancing the Rule of Law at the international plane, e.g. by creating law-making and judicial bodies there, often affects the Rule of Law at the domestic plane. Particularly, within national states it would lead to a shift of authority away from the legislature to the executive. Several speakers from The Netherlands, Belgium, The United Kingdom, France and Germany tackled the theme from different angles, expressing thoughts not only on the dangers, but also on the positive effects of increasing international lawmaking on the Rule of Law.
Services Of General Economic Interest As A Constitutional Concept Of Eu Law
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Author : Caroline Wehlander
language : en
Publisher: Springer
Release Date : 2016-06-23
Services Of General Economic Interest As A Constitutional Concept Of Eu Law written by Caroline Wehlander and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-23 with Law categories.
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
The Oxford Handbook Of European Union Law
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Author : Anthony Arnull
language : en
Publisher: Oxford University Press
Release Date : 2015-07-23
The Oxford Handbook Of European Union Law written by Anthony Arnull and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-23 with Law categories.
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 appears to 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. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union 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 the citizen; 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 the foreseeable 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.
European Law On Unfair Commercial Practices And Contract Law
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Author : Mateja Durovic
language : en
Publisher:
Release Date : 2016
European Law On Unfair Commercial Practices And Contract Law written by Mateja Durovic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Competition, Unfair categories.
"The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices ('UCPD') has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law."--Bloomsbury Publishing
Redefining Harmonisation
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Author : Emilie Ghio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-17
Redefining Harmonisation written by Emilie Ghio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-17 with categories.
Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law. Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic.
Arbitrary And Capricious
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Author : Gary Elvin Marchant
language : en
Publisher: American Enterprise Institute
Release Date : 2004
Arbitrary And Capricious written by Gary Elvin Marchant and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
This study examines how the European Union has used the precautionary principle in legal decisions.
Accessing Asylum In Europe
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Author : Violeta Moreno Lax
language : en
Publisher: Oxford Studies in European Law
Release Date : 2017
Accessing Asylum In Europe written by Violeta Moreno Lax and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Eu Law For Uk Lawyers
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Author : Aidan O'Neill
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-07-27
Eu Law For Uk Lawyers written by Aidan O'Neill and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-27 with Law categories.
This is the second edition of this wide-ranging survey of EU law. The new edition has been significantly enlarged. Unlike many other EU law books it takes full account not only of the Lisbon Treaty changes to the EU treaties, but also of the fact that the EU Charter of Fundamental Rights now has the same legal value as the EU Treaties. It therefore not only covers the relevant case law of the Court of Justice of the European Union, but also ties that case law into the decisions of the European Court of Human Rights, because it is clear that EU law can only now properly be understood and applied against this background of European fundamental rights jurisprudence. The book sets out very clearly the broad shape of the European Union's legal systems, while also giving the reader a good feel for the policy motivations in the Court of Justice of the European Union and the scope of EU legislative activity. Written in a lively and accessible style, it is an ideal guide for practitioners, whether those coming to the subject for the first time or those already with a background in EU law. Among the additions and changes in this expanded edition the book includes new chapters on the EU and fundamental rights, on commercial agency, on criminal law and on private international law in the EU. It also contains a full treatment of EU equality law. The first edition 'EC Law for UK Lawyers' by Aidan O'Neill and Jason Coppel (ISBN: 9780406024596) was published by Butterworths in 1994.
Abuse Of Eu Law And Regulation Of The Internal Market
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Author : Alexandre Saydé
language : en
Publisher: Hart Publishing
Release Date : 2016-10-27
Abuse Of Eu Law And Regulation Of The Internal Market written by Alexandre Saydé and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.