Eu Legal Acts
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Eu Legal Acts
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Author : Marise Cremona
language : en
Publisher: Oxford University Press
Release Date : 2018-02-08
Eu Legal Acts 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 2018-02-08 with Law categories.
In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.
The Choice Of Legal Basis For Acts Of The European Union
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Author : Annegret Engel
language : en
Publisher: Springer
Release Date : 2018-09-10
The Choice Of Legal Basis For Acts Of The European Union written by Annegret Engel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-10 with Law categories.
This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.
Private Enforcement Of Eu Law Before National Courts
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Author : Folkert Wilman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Private Enforcement Of Eu Law Before National Courts written by Folkert Wilman 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 2015-09-25 with Law categories.
Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
The Abc Of European Union Law
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Author : Klaus-Dieter Borchardt
language : en
Publisher: Office for Official Publications of the European Communities
Release Date : 2010
The Abc Of European Union Law written by Klaus-Dieter Borchardt and has been published by Office for Official Publications of the European Communities this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Avrupa Birliği ülkeleri- Hukuk ve mevzuat categories.
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
The Eclipse Of The Legality Principle In The European Union
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Author : Leonard F. M. Besselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
The Eclipse Of The Legality Principle In The European Union written by Leonard F. M. Besselink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.
Eu Law On Indications Of Geographical Origin
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Author : Vadim Mantrov
language : en
Publisher: Springer
Release Date : 2014-07-03
Eu Law On Indications Of Geographical Origin written by Vadim Mantrov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-03 with Law categories.
The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.
The Evolution Of Eu Law
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2011-02-17
The Evolution Of Eu Law written by Paul Craig 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 2011-02-17 with Law categories.
Previous edition, 1st, published in 1999.
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.
The Constitutional Framework For Enhanced Cooperation In Eu Law
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Author : Robert Böttner
language : en
Publisher: BRILL
Release Date : 2021-02-15
The Constitutional Framework For Enhanced Cooperation In Eu Law written by Robert Böttner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
Handbook On Eu Secondary Legislation
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Author : Daniel Guéguen
language : en
Publisher: Anthemis
Release Date : 2024-01-08
Handbook On Eu Secondary Legislation written by Daniel Guéguen and has been published by Anthemis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-08 with Law categories.
98% of EU rules are decided via Comitology and delegated acts, rather than via legislation. This shows the importance of these decisionmaking processes. The procedures are complex with many exceptions and derogations. Academic books have been published on the subject: they explain the “what” comitology and delegated acts are, but are silent on “how to” effectively operate in these processes. What European affairs practitioners need is a manual explaining each step of the different processes with diagrams, concrete cases, practical explanations. This is exactly what the Handbook on secondary legislation is all about: a book designed by practitioners for practitioners. An indispensable tool to navigate efficiently through the labyrinth of decision-making procedures. ABOUT THE AUTHORS Former Associate Partner of EPPA, Daniel Guéguen has dedicated his whole working life to European public affairs. Daniel set up several businesses specialised in European affairs and after disposing of them in 2012, he founded PACT European Affairs, specialised in the post-Lisbon comitology procedures. Alongside this activity, Daniel Guéguen has published books that have been translated into several languages. Via articles, blogs and tweets widely circulated in international press, he has campaigned for a more operational EU that is closer to citizens. Building upon the educational nature of his books on the EU, Daniel is still today involved in many university programmes, in the USA (Harvard, Georgetown) and across Europe (ULB, Paris Sciences-Po, EDHEC, HEC, INSEAD), and at at the College of Europe in Bruges and Natolin. For his European activities, Daniel Guéguen was in 2005 awarded the rank of “Chevalier” in the order of the Légion d’honneur. Vicky Marissen’s legal background and long-standing experience in European Public Affairs make her the expert capable of assisting companies, trade associations and organisations active in highly regulated sectors such as food, pharmaceuticals and health, helping them close the procedural gap and regain impact on the EU decision-making process. Besides providing legal and procedural input on files and assistance in developing and deploying engagement strategies, Vicky provides support in communicating often technical arguments in an understandable form to different target audiences (public, private, media, etc.).