Eu Constitutional Law
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Eu Constitutional Law
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Author : Koen Lenaerts
language : en
Publisher: Oxford University Press
Release Date : 2022-01-16
Eu Constitutional Law written by Koen Lenaerts 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 2022-01-16 with Law categories.
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Eu Constitutional Law
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Author : Allan Rosas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-17
Eu Constitutional Law written by Allan Rosas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Principles Of European Constitutional Law
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Author : Armin von Bogdandy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-12-03
Principles Of European Constitutional Law written by Armin von Bogdandy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-03 with Law categories.
For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Economic And Social Integration
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Author : Dagmar Schiek
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Economic And Social Integration written by Dagmar Schiek 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 Business & Economics categories.
'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.
Constitutional Law Of The European Union
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Author : Koenraad Lenaerts
language : en
Publisher: Sweet & Maxwell
Release Date : 2005
Constitutional Law Of The European Union written by Koenraad Lenaerts and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
The new edition of this acclaimed text provides a rigorous, high-level analysis of the constitutional law of the European Union. Its broad scope includes the institutional structure of the EU, its legal instruments, the main substantive principles underlying EU Law and the role of EU law in the domestic law of Member states. Incorporating detailed references and analysis of case law and literature, it combines useful content for students with detailed treatment of more complex legal issues arising in practice and in academic debate. New edition of a high level academic text renowned for its authority and clear discussion of complex principles Revised and updated to incorporate all recent developments in EU law, including the EU Constitution Easy to consult on complex issues - includes wide cross-referencing, new tables and diagrams, and a more detailed index
Eu Constitutional Law
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Author : Allan Rosas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-08-03
Eu Constitutional Law written by Allan Rosas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-03 with Law categories.
The second revised edition of this acclaimed book brings the story of the EU's constitutional journey up to date. The EU's constitution, composed of a myriad of legal texts, case law and practice, is a moving target subject to continuous change, and the past two years have seen no slacking in the pace of that change. With a wider geographical ambit than ever, the EU faces unprecedented political, economic and cultural challenges, all of which impact upon the evolution of its constitution. Moreover, the crisis in the Eurozone has given rise to the need for a whole new chapter focussing on the institutional reforms embarked upon in the quest to restore financial order. The book succeeds, where others have struggled, in making sense of the EU's complex constitutional order, focussing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market and has recently become active in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, while the crisis in the Eurozone has triggered an increasing focus on economic and fiscal policy. Eschewing too much detail the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Foreign Policy Objectives In European Constitutional Law
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Author : Joris Larik
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Foreign Policy Objectives In European Constitutional Law written by Joris Larik 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 2016-03-24 with Law categories.
Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.
The European Constitution
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Author : Giuliano Amato
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
The European Constitution written by Giuliano Amato 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 2009-01-01 with Law categories.
'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
Eu Law And Integration
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Author : José Luís Da Cruz Vilaça
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-09-04
Eu Law And Integration written by José Luís Da Cruz Vilaça and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
European Constitutional Law
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Author : Robert Schütze
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-05
European Constitutional Law written by Robert Schütze 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 2012-04-05 with Law categories.
This textbook on European constitutional law offers a coherent and scholarly analysis presented within a clear structure.