Eu Law Beyond Eu Borders
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Eu Law Beyond Eu Borders
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Author : Marise Cremona
language : en
Publisher: Oxford University Press
Release Date : 2019-05-03
Eu Law Beyond Eu Borders written by Marise Cremona 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 2019-05-03 with Law categories.
This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.
Legislative Approximation And Application Of Eu Law In The Eastern Neighbourhood Of The European Union
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Author : Roman Petrov
language : en
Publisher: Routledge
Release Date : 2014-02-24
Legislative Approximation And Application Of Eu Law In The Eastern Neighbourhood Of The European Union written by Roman Petrov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-24 with Law categories.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
Data Protection Beyond Borders
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Author : Federico Fabbrini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
Data Protection Beyond Borders written by Federico Fabbrini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Migration And Eu Law And Policy
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Author : Loïc Azoulai
language : en
Publisher: Oxford University Press
Release Date : 2014-03
Migration And Eu Law And Policy written by Loïc Azoulai 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 2014-03 with Law categories.
This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.
Protecting The Rights Of Refugees Beyond European Borders
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Author : Lisa Heschl
language : en
Publisher:
Release Date : 2018
Protecting The Rights Of Refugees Beyond European Borders written by Lisa Heschl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Refugees categories.
The European migration and asylum policy has been shaped by efforts to establish an efficient migration management system in order to protect the Area of Freedom, Security and Justice from the new security threat of "irregular migration". The extraterritorialisation of immigration control measures beyond territorial borders form part of this strategy and the EU-Turkey deal and the call for an increased cooperation with Northern Africa are but two examples. Pre-border control mechanisms composed of administrative, legislative and operational measures, are largely perceived as effective means to channel flows of migrants avoiding logistical and financial burdens for Member States. However, from a legal perspective, this shift to extraterritorial activities raises important questions related to the creation of zones in which responsibilities for legal norms related to the protection of refugees may be circumvented by States or any other actors involved in migration control activities. 'Protecting the Rights of Refugees Beyond European Borders' tries to reconcile the motives behind extraterritorialisation strategies with actual legal consequences. It carefully examines the legal frameworks that govern situations in which a migrant meets an authority in the context of extraterritorial immigration control measures.
Eu External Relations Law And Policy In The Post Lisbon Era
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Author : Paul James Cardwell
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-17
Eu External Relations Law And Policy In The Post Lisbon Era written by Paul James Cardwell 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 2011-11-17 with Law categories.
This is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the ‘pillar’ structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of ‘internal’ security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.
The Rule Of Law In The External Dimension Of Eu Migration And Asylum Policy
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Author : Leonhard den Hertog
language : en
Publisher: Wolf Legal Publishers
Release Date : 2014
The Rule Of Law In The External Dimension Of Eu Migration And Asylum Policy written by Leonhard den Hertog and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Asylum, Right of categories.
"The EU Treaties leave no doubt that the rule of law is a 'universal value' on which the 'Union is founded'. This value is not bound to remain internal; EU external relations should also be guided by the principle. However, a lack of conceptual and legal clarity on the principle makes it uncertain how it guides external relations. The basic question this study poses is therefore what the role of the rule of law is in EU external relations. More specifically, this study analyses this role by focussing on the external dimension of EU migration and asylum policy. Over the years the EU has developed this external dimension of an originally internal policy field. Measures such as externalising border control, readmission of migrants to third states or mobility opportunities for third country nationals have been promoted. This relatively new area of EU external relations is characterised by a high degree of operational and human rights sensitive activities. For example, Frontex, the EU border agency, operates beyond Europe's borders, sometimes on the basis of undisclosed working arrangements with third States. This peculiar nature of the external dimension of migration and asylum policy presents challenges to rule of law adherence and to the discourse of the EU as a norm exporter. What can the role of values be in influencing policy-making in this particular policy area, often described as 'securitised'? Informed by a sound analysis of the conceptual debate on the rule of law, the study looks at the legal requirements of that principle in the field of migration and asylum policy. It applies those requirements to the actions in this field to assess their rule of law adherence. Specifically, three EU organisations (Commission Directorate-General Home Affairs, Frontex and the European External Action Service) are studied to uncover why the the notions of and the adherence to the rule of law differ across their outputs."--Publisher.
Eu Law And Private International Law
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Author : Jan-Jaap Kuipers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
Eu Law And Private International Law written by Jan-Jaap Kuipers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
In Search Of Europe S Borders
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Author : Kees Groenendijk
language : en
Publisher: BRILL
Release Date : 2021-12-28
In Search Of Europe S Borders written by Kees Groenendijk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.
The Oxford Handbook Of European Union Law
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Author : Anthony Arnull
language : en
Publisher: Oxford Handbooks in Law
Release Date : 2015
The Oxford Handbook Of European Union Law written by Anthony Arnull and has been published by Oxford Handbooks in Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 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 appearsto 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. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU 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 thecitizen; 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 theforeseeable 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.