European Union Law And Defence Integration
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European Union Law And Defence Integration
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Author : Martin Trybus
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-10-05
European Union Law And Defence Integration written by Martin Trybus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-05 with Law categories.
This monograph examines the legal dimension of European defence integration from the Second World War to the Treaty Establishing a Constitution for Europe. It covers the evolution of European defence and security law in its legal,historical, and political context. The notion of defence law describes the entire field of rules created to regulate the defence of a nation or alliance. The analysis leads from the earliest mutual defence treaties to the failure of the European Defence Community and the eventual separation of defence from the mainstream of European integration in the 1950s, further to the re-vitalisation of a European security policy in the Treaties of Maastricht, Amsterdam, and Nice. In the context of this evolutionary process, the book examines the function of Community Law as an instrument of European defence integration. Community law affects the economic and social aspects of the defence within the limits of the security exemptions of the EC Treaty. It has an impact on the composition of the armed forces, the procurement of armaments, or the regulation of the defence industries. The book concludes with an analysis of the Common Security and Defence Policy of the Constitutional Treaty agreed by the European Council in 2004. The discussion shows that European defence integration is characterised by fragmentation in an area where coherence is particularly important. First, defence and security are addressed in several organisations: the EU, the Western European Union, NATO, the Organisation for Security and Cooperation in Europe, and the Organisation for Joint Armaments Cooperation. Second, defence and security are addressed in both the supranational Community Pillar and the intergovernmental Second Pillar of the Treaty on European Union. The new Constitutional Treaty aims to overcome the three-Pillar structure of the Union. Nevertheless, it leaves the intergovernmental character of the security and defence policy intact and introduces flexible frameworks for its mutual defence, crisis management, and armaments components. However, the Union needs a coherent defence policy to ensure her security and to speak with one voice on the international scene.
Law And Integration In The European Union
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Author : Stephen Weatherill
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Law And Integration In The European Union written by Stephen Weatherill 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 1995 with Europe categories.
In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.
The European Union And The Use Of Force
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Author : Julia Schmidt
language : en
Publisher: BRILL
Release Date : 2020-09-07
The European Union And The Use Of Force written by Julia Schmidt and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-07 with Business & Economics categories.
In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU’s military crisis management operations.
What S Left Of The Law Of Integration
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Author : Julio Baquero Cruz
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09
What S Left Of The Law Of Integration written by Julio Baquero Cruz 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 2018-08-09 with Law categories.
Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.
The Europeanisation Of Law
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Author : Francis G. Snyder
language : en
Publisher: Hart Publishing
Release Date : 2000-09-25
The Europeanisation Of Law written by Francis G. Snyder and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-25 with Law categories.
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Access To European Union
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Author : Nicholas Moussis
language : en
Publisher:
Release Date : 2006
Access To European Union written by Nicholas Moussis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
This is the 15th edition of this publication which takes an interdisciplinary approach to explore European integration and the development of the European Union, its institutions, laws and policies. Issues discussed include: European treaties, laws and institutions; stages of integration relating to the Customs Union, the Common Market, EMU and the potential for political union; citizens' rights and participation, cultural policies and consumer issues; as well policies relating to taxation and competition, the environment, regional development, industry and enterprise, research and technology, energy, transport, agriculture, external relations, commercial policy and development aid. Full references to EU official texts are given throughout.
Legal Compatibility Of European Integration In Security And Defence Matters With German And French Constitutional Law
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Author : Kristen Feiter
language : en
Publisher: GRIN Verlag
Release Date : 2020-01-20
Legal Compatibility Of European Integration In Security And Defence Matters With German And French Constitutional Law written by Kristen Feiter and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-20 with Law categories.
Master's Thesis from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 7 / 9, Maastricht University (Law), language: English, abstract: This research undertakes a comparative analysis of the constitutional limitations and freedoms of France and Germany in regard to the establishment of the European Security and Defence Union. Integration in a sensitive policy-field will certainly lead to political debates, but where are the limits of national constitutions to this process? Which constitutional legal conditions are imposed when the conferral of substantive competences that touch the structural sovereignty of a state to the Union is required? What are the differences and similarities in the national constitutions of Germany and France for the conferral of powers to the Union? Allowing to explore these and other questions, the constitutional law is analysed and in a subsequent discussion, the findings of the analysis is assessed to identify provisions restricting or facilitating further integration. These crucial provisions are evaluated and a potential path for overcoming the restricting laws is deduced. France and Germany have different constitutional provisions and requirements, which allow for the establishment of a common European Security and Defence Union. Both constitutions also set high hurdles for the conferral of sovereign powers to the Union and limit the abilities of a common Defence policy. Seen against this background, the conclusion of international agreements appears to be first steps of an incremental approach to reach a common policy. The most promising avenue for future research could be the employment of comparative legal research methodology applied to multiple legislations in order to check for their mutual compatibility in certain policy areas. This approach allows for the identification of likely expectations of future development in this policy area.
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.
Dictionary Of Statuses Within Eu Law
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Author : Antonio Bartolini
language : en
Publisher: Springer
Release Date : 2019-01-05
Dictionary Of Statuses Within Eu Law written by Antonio Bartolini and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-05 with Law categories.
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
The Eu Common Security And Defence Policy
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Author : Panos Koutrakos
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
The Eu Common Security And Defence Policy written by Panos Koutrakos and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Political Science categories.
Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.