Defending Checks And Balances In Eu Member States
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Defending Checks And Balances In Eu Member States
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Author :
language : en
Publisher:
Release Date : 2021
Defending Checks And Balances In Eu Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books categories.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Defending Checks And Balances In Eu Member States
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Author : Armin von Bogdandy
language : en
Publisher: Springer Nature
Release Date : 2021-01-05
Defending Checks And Balances In Eu Member States written by Armin von Bogdandy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Eu Law In Populist Times
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Author : Francesca Bignami
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
Eu Law In Populist Times written by Francesca Bignami and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Law categories.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017
The Enforcement Of Eu Law And Values written by András Jakab 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 2017 with Law categories.
Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
Between Compliance And Particularism
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Author : Marton Varju
language : en
Publisher: Springer
Release Date : 2019-02-08
Between Compliance And Particularism written by Marton Varju and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-08 with Law categories.
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Public Finance Law And Public Administrations
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Author : Elisa D’Alterio
language : en
Publisher: Taylor & Francis
Release Date : 2025-09-04
Public Finance Law And Public Administrations written by Elisa D’Alterio and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-09-04 with Law categories.
The book examines how the growth of public finance law within the European Union has both influenced and continued to impact the structure of national-level public administration in EU Member States. It assesses whether this regulatory influence has improved public administration or, conversely, negatively impacted civil society. Illustrating how global crises have shaped the formulation of financial regulations in the EU, the book discusses how enforcement of these regulations has influenced various aspects of public administration in EU Member States. The book evaluates not only the consequences stemming from the application of these rules but also those arising from changes within the EU system that ripple down to the national level. Consequently, the book delves into the effects of public finance law on both "static elements" (such as public activities, organization and civil service) and the relationships between public administrations, politics in a broad sense and civil society. The book will be of interest to students, scholars and stakeholders with an interest in the field of public administrative law, banking and finance law and public law more generally.
The Court Of Justice Of The European Union
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Author : Kate Shaw
language : en
Publisher: BRILL
Release Date : 2022-12-19
The Court Of Justice Of The European Union written by Kate Shaw and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-19 with Law categories.
In an era of Covid 19, The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, The Court of Justice of the European Union argues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Eu Rule Of Law Procedures At The Test Bench
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Author : Cristina Fasone
language : en
Publisher: Springer Nature
Release Date : 2024-08-21
Eu Rule Of Law Procedures At The Test Bench written by Cristina Fasone and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-21 with Political Science categories.
This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.
Eu Values Before The Court Of Justice
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Author : Luke Dimitrios Spieker
language : en
Publisher: Oxford University Press
Release Date : 2023
Eu Values Before The Court Of Justice written by Luke Dimitrios Spieker 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 2023 with Law categories.
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.