Demokratie Und Sozialer Rechtsstaat In Europa
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Demokratie Und Sozialer Rechtsstaat In Europa
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Author : Stefan Hammer
language : de
Publisher: facultas.wuv / maudrich
Release Date : 2004
Demokratie Und Sozialer Rechtsstaat In Europa written by Stefan Hammer and has been published by facultas.wuv / maudrich this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.
The Accession Of The European Union To The European Convention On Human Rights
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Author : Paul Gragl
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
The Accession Of The European Union To The European Convention On Human Rights written by Paul Gragl and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
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.
Comparative Reasoning In European Supreme Courts
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Author : Michal Bobek
language : en
Publisher: OUP Oxford
Release Date : 2013-08-08
Comparative Reasoning In European Supreme Courts written by Michal Bobek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-08 with Law categories.
The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.
The Eu Nato Relationship
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Author : Martin Reichard
language : en
Publisher: Routledge
Release Date : 2016-02-17
The Eu Nato Relationship written by Martin Reichard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
The EU-NATO relationship continues to develop at a time of significant change for both organizations. Post 9/11, NATO embarked on a fundamental transformation, recasting itself as an organization with global strategic reach and interest, focused less on Europe than ever before. At the same time, the EU is also becoming a more global political actor. Consequently, there is growing evidence that over time the EU will take the primary place in providing military security in Europe. This volume combines political and legal methods to provide a comprehensive analysis of the current and likely future relationship between the EU and NATO. The work will be of interest to all those interested in the development of these two major organizations and international security more generally, whether from a political or legal perspective.
Citizens Initiatives In Europe
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Author : M. Setälä
language : en
Publisher: Springer
Release Date : 2012-03-13
Citizens Initiatives In Europe written by M. Setälä and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-13 with Political Science categories.
An exploration and analysis of the regulation and practices of citizens' initiatives in eleven European democracies and the EU. The contributors to this volume shed light on how citizens' initiatives influence patterns of political agenda-setting in representative democracies and how they can contribute to participatory democracy.
The Treaty Of Lisbon And The Future Of European Law And Policy
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Author : Martin Trybus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
The Treaty Of Lisbon And The Future Of European Law And Policy written by Martin Trybus 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 2012-01-01 with Law categories.
'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
The Law Of International Relations
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Author : August Reinisch
language : en
Publisher: Eleven International Publishing
Release Date : 2007
The Law Of International Relations written by August Reinisch and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Festschriften categories.
This Liber Amicorum was written by prominent colleagues and friends of Professor Hanspeter Neuhold in honor of his 65th birthday. The collection celebrates his lifelong career devoted to bridging the gap between international relations and public international law. Contributions cover the fields of international relations, international law, human rights, international organizations, and the law of economic integration. Without a doubt, this is not only a fine tribute to Hanspeter Neuhold, but is also a welcome addition to every international law and international relations library.
The Role Of The Regions In Eu Governance
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Author : Carlo Panara
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-11-17
The Role Of The Regions In Eu Governance written by Carlo Panara and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-17 with Law categories.
This publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.
Individualism
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Author : Alexander Somek
language : en
Publisher: OUP Oxford
Release Date : 2008-03-20
Individualism written by Alexander Somek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-20 with Law categories.
This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europe would create a smokescreen obscuring a new and disturbing reality. Drawing on the ancient tradition of linking different types of political power with the composition of the citizen's soul, the book explains that a transnational regime is based on an understanding of citizenship that is different from that underlying a constitutional democracy. Citizens are deemed to be essentially separate from one another. They abandon the larger society to itself and pursue their good in the private sphere. In place of trust and reliance in their own power to bring about change through common action, they hope to benefit from entrusting "problem-solving" to international networks of expertise. Essentially, citizens of this kind exhibit a strong commitment to individualism. The book shows how individualism is reflected in the regulatory authority that the Union claims for itself, in particular as regards the regulation of the internal market.
Small States In Europe
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Author : Robert Steinmetz
language : en
Publisher: Routledge
Release Date : 2016-04-01
Small States In Europe written by Robert Steinmetz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Political Science categories.
The effects of recent institutional change within the European Union on small states have often been overlooked. This book offers an accessible, coherent and informative analysis of contemporary and future foreign policy challenges facing small states in Europe. Leading experts analyze the experiences of a number of small states including the Netherlands, the Czech Republic, Slovakia, Luxembourg, Cyprus, Iceland, Austria and Switzerland. Each account, written to a common template, explores the challenges and opportunities faced by each state as a consequence of EU integration, and how their behaviour regarding EU integration has been characterized. In particular, the contributors emphasize the importance of power politics, institutional dynamics and lessons of the past. Innovative and sophisticated, the study draws on the relational understanding of small states to emphasize the implications of institutional change at the European level for the smaller states and to explain how the foreign and European policies of small states in the region are affected by the European Union.