Eu Rule Of Law Procedures At The Test Bench
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Eu Rule Of Law Procedures At The Test Bench
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Author : Cristina Fasone
language : en
Publisher: Palgrave Macmillan
Release Date : 2024-08-18
Eu Rule Of Law Procedures At The Test Bench written by Cristina Fasone and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-18 with Political Science categories.
This book analyses the EU rule of law instruments from the perspective of the academic, inter- and intra-institutional dissensus at the EU level. The angle of analysis proposed by this book allows to detect the sources of dissensus inherent in the design of the EU rule of law toolbox and in their enforcement. The proliferation of the instruments, without any major efforts of systematization, seems to be part of the problem, with a series of overlaps. At the same time, especially in the post-pandemic context, the procedures implementing the various EU rule of law tools have become more and more intertwined, so that it becomes difficult to disentangle one from the other in terms of effects. The book could thus feed the debate on the strengths and deficiencies of the EU rule of law toolbox ten years after the first ad hoc measures were adopted, also offering some recommendations on how to turn dissensus into constructive mechanisms to improve the management of the rule of law in the EU.
Eu Rule Of Law Procedures At The Test Bench
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Author : Cristina Fasone
language : en
Publisher: Springer Nature
Release Date :
Eu Rule Of Law Procedures At The Test Bench written by Cristina Fasone and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Infringement Proceedings In Eu Law
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Author : Luca Prete
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Infringement Proceedings In Eu Law written by Luca Prete 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 2016-04-24 with Law categories.
Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
Palgrave Studies In European Union Politics
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Author :
language : en
Publisher:
Release Date : 200?
Palgrave Studies In European Union Politics written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 200? with categories.
Defending Checks And Balances In Eu Member States
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Author : Armin von Bogdandy
language : en
Publisher: Springer Nature
Release Date : 2021-01-05
Defending Checks And Balances In Eu Member States written by Armin von Bogdandy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Reneual Model Rules On Eu Administrative Procedure
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2017
Reneual Model Rules On Eu Administrative Procedure 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 2017 with Law categories.
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Eu Administrative Law
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2018-10-25
Eu Administrative 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 2018-10-25 with Law categories.
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Eu Law In Populist Times
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Author : Francesca Bignami
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
Eu Law In Populist Times written by Francesca Bignami 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 2020-01-02 with Law categories.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Guide To The Implementation Of Directives Based On The New Approach And The Global Approach
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Author : European Commission
language : en
Publisher:
Release Date : 2000
Guide To The Implementation Of Directives Based On The New Approach And The Global Approach written by European Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Det indre marked categories.
Reinforcing Rule Of Law Oversight In The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-13
Reinforcing Rule Of Law Oversight In The European Union written by Carlos Closa 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 2016-10-13 with Law categories.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.