Eu Values Before The Court Of Justice

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Eu Values Before The Court Of Justice
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Author : Luke Dimitrios Spieker
language : en
Publisher: Oxford University Press
Release Date : 2023
Eu Values Before The Court Of Justice written by Luke Dimitrios Spieker 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 2023 with Law categories.
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Eu Values Before The Court Of Justice
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Author : Luke Dimitrios Spieker
language : en
Publisher:
Release Date : 2023
Eu Values Before The Court Of Justice written by Luke Dimitrios Spieker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Rule of law categories.
Luke Dimitrios Spieker's EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. Spieker goes far beyond the current focus on illiberal developments in the Member States, setting out to explore the multifaceted potential of Article 2 TEU in the 'Verbund' and in EU legal order.
Defending Checks And Balances In Eu Member States
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Author :
language : en
Publisher:
Release Date : 2021
Defending Checks And Balances In Eu Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books 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.
European Citizenship Through The Lens Of Eu Values
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Author : Gaëlle Marti
language : en
Publisher: Primento Digital sprl
Release Date : 2025-03-14
European Citizenship Through The Lens Of Eu Values written by Gaëlle Marti and has been published by Primento Digital sprl this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-14 with Law categories.
Is EU citizenship compatible with European values? In the wake of the Convention on the Future of Europe, and against the backdrop of the many challenges facing the EU (security, economic, migration, health, climate, digital, etc.), this book aims to take stock of the scope and content of European citizenship and its capacity to embody the values of the Union. Seen as the culmination of a political project, EU citizenship is also regularly criticised as a mere market citizenship whose rights only benefit the mobile and wealthy. The first part of the book therefore focuses on assessing the values of the Union in the light of European citizenship (with an emphasis on dignity, equality, democracy and respect for human rights), while the second part analyses the ways in which European citizenship can truly embody the values of the Union. The aim is to rethink the Union’s capacity to ensure the effective dissemination of the values underlying the European social contract and to anchor them in a democratic project underpinned by European citizenship. This book is the result of an international academic conference held at the University of Lyon 3 at the end of 2023 and is part of the Jean Monnet Chair’s research project on the promotion and preservation of the values of the Union. It brings together contributions from Ninon Forster (Professor of Public Law, University of Valenciennes), Anastasia Iliopoulou (Professor of Public Law, University of Paris Pantheon Assas), Julie Rondu (Assistant Professor of Public Law, University of Strasbourg), Mathieu Rouy (PhD in EU law, Research fellow at EDIEC, Jean Moulin Lyon 3 University), Quitterie Roccaserra (Doctoral candidate, University Paris Pantheon Assas), Felicie Remlinger (Doctoral candidate, University Paris Pantheon Assas), Irene Marchioro (Postdoctoral researcher, University of Trieste), Michele Messina (Professor of Law, University of Messina) and Andrew Fagan (Senior Lecturer, University of Essex).”
National Identity In Eu Law
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Author : Elke Cloots
language : en
Publisher:
Release Date : 2015
National Identity In Eu Law written by Elke Cloots and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
The Rule Of Law In Europe
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Author : María Elósegui
language : en
Publisher:
Release Date : 2021
The Rule Of Law In Europe written by María Elósegui and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher:
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-11 with categories.
Posting of Workers in EU Law' is a pioneering book that challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. The dynamic expansion of the phenomenon of posting of workers - whereby a worker is sent for a limited time to another Member State to provide a service - is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States? aims to protect domestic social standards. Through this book, the author exposes a severe misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017
The Enforcement Of Eu Law And Values written by András Jakab 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.
Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
State And Market In European Union Law
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Author : Wolf Sauter
language : en
Publisher: Cambridge University Press
Release Date : 2009-04-16
State And Market In European Union Law written by Wolf Sauter 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 2009-04-16 with Business & Economics categories.
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Eu Constitutional Law
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Author : Koenraad Lenaerts
language : en
Publisher: Oxford University Press
Release Date : 2021
Eu Constitutional Law written by Koenraad 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 2021 with Law categories.
A major international textbook on EU constitutional law, it covers the structure, values, procedures, and policies of the EU. It deals with institutional issues, but also with substantive issues of major importance, including citizenship, free movement, fundamental rights, and the EU as an external actor.