Europe S Passive Virtues
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Europe S Passive Virtues
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Author : JAN. ZGLINSKI
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-04
Europe S Passive Virtues written by JAN. ZGLINSKI and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-04 with Law categories.
The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
The Practical Role Of The Eu S Values In Diplomacy With China
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Author : Max Roger Taylor
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-10
The Practical Role Of The Eu S Values In Diplomacy With China written by Max Roger Taylor and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with Political Science categories.
Delivering a ground-breaking analysis of the EU’s diplomatic meetings (or dialogues) with China, this book reveals how the EU’s values rarely feature in exchanges, due to ingrained cultures of complacency and self-censorship amongst EU officials. Based on extensive interviews, and focusing on individual perceptions and practices, the book also highlights how intercultural misunderstanding and unreflective beliefs contribute to this troubling status quo with serious implications. Furthermore, these dynamics run contrary to the Lisbon Treaty (2009) – where the EU states that its values inform its external relations – threatening the rules-based order that upholds the universal values and international norms the EU shares. At a time of flux in EU-China relations and geopolitical instability, this book’s timely insights will be of great interest and value to scholars and practitioners alike. This book will be of key interest to scholars and students of European (Union) foreign policy and diplomacy, EU-China relations, Chinese foreign policy, human rights diplomacy, sustainable development, trade policy and more broadly in European and Asian Studies, and International Relations.
Judicial Authority In Eu Internal Market Law
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Author : Vilija Velyvyte
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-17
Judicial Authority In Eu Internal Market Law written by Vilija Velyvyte and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Law categories.
This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023
Eu Values Before The Court Of Justice
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Author : Luke Dimitrios Spieker
language : en
Publisher: Oxford University Press
Release Date : 2023-06-18
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 2023-06-18 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.
Delivering Justice
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Author : Xandra Kramer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-10-20
Delivering Justice written by Xandra Kramer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.
Landmark Cases In Consumer Law
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Author : Jodi Gardner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11
Landmark Cases In Consumer Law written by Jodi Gardner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However as this collection will demonstrate this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
The Institutions Of The European Union
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Author : Dermot Hodson
language : en
Publisher: Oxford University Press
Release Date : 2022
The Institutions Of The European Union written by Dermot Hodson 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 2022 with European Union countries categories.
In a time of disruption and rapid change, the European Union's institutions have endured. In The Institutions of the European Union, a team of expert contributors and editors explain everything you need to know about the functions, powers, and composition of these important organizations as they contend with the changing dynamics of European integration. It is the most comprehensive guide to understanding how the institutions of the EU provide political direction, govern policies, and integrate contrasting interests within the EU. New to this Edition: Fully updated to cover the institutional changes prompted by Brexit, Covid-19, and many other issues facing the EU. A new introductory chapter presents the idea of EU institutional politics and explores its different dimensions. Explores the urgent challenges of creating more diverse and inclusive EU institutions. New discussion questions help you reflect critically and engage with the content to take your learning further. Professor Uwe Puetter of Europa-Universität Flensburg, and Sabine Saurugger of Science Po Grenoble-UGA, join Dermot Hodson as editors. Book jacket.
Revisiting Judicial Politics In The European Union
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Author : Mark Dawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Revisiting Judicial Politics In The European Union written by Mark Dawson 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 2024-03-14 with Law categories.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Judicial Independence Cornerstone Of Democracy
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2024-03-28
Judicial Independence Cornerstone Of Democracy written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-28 with Law categories.
This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.
Contemporary European Perspectives On The Ethics Of End Of Life Care
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Author : Nathan Emmerich
language : en
Publisher: Springer Nature
Release Date : 2020-05-12
Contemporary European Perspectives On The Ethics Of End Of Life Care written by Nathan Emmerich and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-12 with Philosophy categories.
This book examines the ethics of end of life care, focusing on the kinds of decisions that are commonly made in clinical practice. Specific attention is paid to the intensification of treatment for terminal symptoms, particularly pain relief, and the withdrawal and withholding of care, particularly life-saving or life-prolonging medical care. The book is structured into three sections. The first section contains essays examining end of life care from the perspective of moral theory and theology. The second sets out various conceptual terms and distinctions relevant to decision-making at the end of life. The third section contains chapters that focus on substantive ethical issues. This format not only provides for a comprehensive analysis of the ethical issues that arise in the context of end of life care but allows readers to effectively trace the philosophical, theological and conceptual underpinnings that inform their specific interests. This work will be of interest to scholars working in the area as well as clinicians, specialists and healthcare professionals who encounter these issues in the course of their practice.