Eu Powers Under External Pressure
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Eu Powers Under External Pressure
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Author : Christina Eckes
language : en
Publisher: Oxford University Press
Release Date : 2019-01-15
Eu Powers Under External Pressure written by Christina Eckes 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 2019-01-15 with Law categories.
EU external actions have deep constitutional and institutional implications for EU law and practices. The EU's competences in external relations have continuously increased, including with the entry into force of the Treaty of Lisbon. As a result, the EU has become ever more active in external relations. This has in turn increased the internal constitutional and institutional effects of EU external actions. This book traces these legal effects and the broader constitutional implications, including potential integrative forces. EU external actions affect the power division between the EU and its Member States and between the different EU institutions; the unity and autonomy of the EU legal order; the role and position of Member States on the international plane; their autonomy; the relationship between national, international and EU law; and the ability of EU citizens to identify who is responsible for a particular action or policy, as well as their legitimate expectation that the EU takes action on their behalf. The chapters demonstrate the interpretation of organizational principles, such as sincere cooperation, subsidiarity, primacy and coherence, changes in the context of external relations; how the choice of an external legal basis rather than an internal legal basis affects the powers of the Union and its Member States; what power shifts happen when policies are determined in international agreements, rather than in internal decision-making; and how EU participation in international dispute settlement mechanisms affects the autonomy and legitimacy of the EU.
The Dynamics Of Powers In The European Union
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Author : Christina Eckes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-09-19
The Dynamics Of Powers In The European Union written by Christina Eckes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-19 with Law categories.
Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Accountability In Eu Security And Defence
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Author : Carolyn Moser
language : en
Publisher: Oxford University Press
Release Date : 2020-05-21
Accountability In Eu Security And Defence written by Carolyn Moser 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 2020-05-21 with Law categories.
Currently, some 2,500 civilian experts work across Europe, Africa, and Asia in ten ongoing civilian missions launched under the Common Security and Defence Policy (CSDP). Mandates cover a broad range of multidimensional tasks, such as rule of law support, law enforcement capacity building, or security sector reform. Numerous (recent) incidents from the field underscore that there are serious institutional as well as procedural weaknesses and irregularities tied to accountability in these EU peacebuilding missions. This title offers a comprehensive legal analysis and empirical study of accountability concerning the Union's peacebuilding endeavours, also referred to as civilian crisis management. Along with examining the governance credentials of EU peacebuilding, the monograph thoroughly scrutinizes de jure and de facto accountability arrangements of political, legal, and administrative nature existing in the domestic sphere, at EU level, and across levels. With a view to providing for a nuanced picture, the assessment further distinguishes between different accountability finalities and evaluates the appropriateness of existing accountability arrangements in civilian crisis management based on a combination of quantitative and qualitative criteria.
How Eu Member States Represent The Common Purpose Of Migration Management
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Author : Sebastian Meyer
language : en
Publisher: BRILL
Release Date : 2024-11-11
How Eu Member States Represent The Common Purpose Of Migration Management written by Sebastian Meyer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-11 with Law categories.
Since the ‘refugee crisis’ in 2015, EU Member States have claimed to represent or act on behalf of the Union when regulating migration. Some measures were outside or at the margins of the EU legal order. How can Member States reconcile their double bind as members of the Union and as sovereign nation states? Enriching legal doctrine with constitutional theories, this book argues that EU law is still able to uphold the rule of law, in line with its foundational promise, while also empowering the Member States to govern migration in the common European interest.
Multilateral Compliance Mechanisms In Eu Environmental Law
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Author : Birgit Hollaus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Multilateral Compliance Mechanisms In Eu Environmental Law written by Birgit Hollaus 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 2023-07-01 with Law categories.
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Eu Trade And Investment Treaty Making Post Lisbon
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Author : Gesa Kübek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-06-27
Eu Trade And Investment Treaty Making Post Lisbon written by Gesa Kübek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-27 with Law categories.
This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. 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 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Rethinking The Relationship Between International Eu And National Law
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Author : Lando Kirchmair
language : en
Publisher:
Release Date : 2024-03-06
Rethinking The Relationship Between International Eu And National Law written by Lando Kirchmair and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-06 with Law categories.
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
Eu Values In Investment Law And Policy
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Author : Maria Laura Marceddu
language : en
Publisher: Oxford University Press
Release Date : 2025-07-24
Eu Values In Investment Law And Policy written by Maria Laura Marceddu 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 2025-07-24 with Law categories.
Is it possible that the EU premises of democracy and rule of law transform the global landscape of international investments? For realists, this is a calculated political move- an opportunity for the EU to shape the world according to the rules established in Brussels. To the most skeptical, the ambition to export these values might seem too grandiose, if not far-fetched, especially considering that the system somewhat displays these features already. Yet the more idealistic, like the author of this book, would find it fascinating, especially given the undeniable visionary component that has permeated the EU story since its beginning. EU Values in Investment Law And Policy intends to carry this fire and continues to tell precisely that story of vision, ambition, and influence. Inspired by premises that have aspired to become promises of democracy and rule of law, the book critically examines how- and how far- these EU values extended their reach into international investment law and policy. While the book is not an ode to the EU, there is plenty that is admirable in the EU transmission efforts and is likely to leave an imprint on the investment regime's dynamics. It is these efforts that this book unravels to explain how the international investment system deficits are turned into an opportunity for normative change. The book seeks to establish a solid analytical foundation to unpack the EU's evolving aspirations as a global leader in reimagining traditional investment rules. Through a careful critique of EU initiatives, it sheds light on the fine line between innovation and dogmatism, showing where the EU has genuinely (re)shaped and advanced international norms and where its bold rhetoric meets its limits. For scholars, practitioners, and those intrigued by the intersection of law, policy, and global governance, EU Values in Investment Law and Policy offers a captivating exploration of how a visionary Europe continues to inspire change in international investment, setting the stage for a fairer and more value-driven global system.
Transnational Actors In International Investment Law
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Author : Anastasios Gourgourinis
language : en
Publisher: Springer Nature
Release Date : 2021-01-22
Transnational Actors In International Investment Law written by Anastasios Gourgourinis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-22 with Law categories.
This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law.