La Constitution Comment E Article Par Article


La Constitution Comment E Article Par Article
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Sovereignty Referendums In International And Constitutional Law


Sovereignty Referendums In International And Constitutional Law
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Author : İlker Gökhan Şen
language : en
Publisher: Springer
Release Date : 2015-01-28

Sovereignty Referendums In International And Constitutional Law written by İlker Gökhan Şen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-28 with Law categories.


This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.



Treaty On The Functioning Of The European Union A Commentary


Treaty On The Functioning Of The European Union A Commentary
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Author : Hermann-Josef Blanke
language : en
Publisher: Springer Nature
Release Date : 2021-05-31

Treaty On The Functioning Of The European Union A Commentary written by Hermann-Josef Blanke and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-31 with Law categories.


The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.



The Treaty On European Union Teu


The Treaty On European Union Teu
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Author : Hermann-Josef Blanke
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-26

The Treaty On European Union Teu written by Hermann-Josef Blanke and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.


The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.



Interlocking Constitutions


Interlocking Constitutions
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Author : Luis I Gordillo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-25

Interlocking Constitutions written by Luis I Gordillo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Law categories.


The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.



Infringement Proceedings In Eu Law


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.



Solidarity Across Generations


Solidarity Across Generations
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Author : Eri Kasagi
language : en
Publisher: Springer Nature
Release Date : 2020-09-20

Solidarity Across Generations written by Eri Kasagi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-20 with Law categories.


This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.



Yearbook On Space Policy 2007 2008


Yearbook On Space Policy 2007 2008
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Author : Kai-Uwe Schrogl
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-19

Yearbook On Space Policy 2007 2008 written by Kai-Uwe Schrogl and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-19 with Technology & Engineering categories.


At the time of ?nalising this second volume of the ?Yearbook on Space Policy? which covers the period mid-2007 to mid-2008, Europe is as visible and strong in the area of space activities as never before. Its space probes are present on the Moon, around Mars, and on Saturn?s Moon Titan, and are chasing asteroids and comets; Ariane V is the most successful commercial launch vehicle; and more and more European space applications satellites are in operation. Finally, with the successful launch of the Columbus Orbital Facility (COF) – the most prominent highlight of this period which is also depicted on the cover of this Yearbook – and the ?rst Automated Transfer Vehicle (ATV), Europe has become a decisive player in human space?ight. This is accompanied by new policy initiatives on the ministerial level which have been bringing the European Space Agency and the European Union steadily closer. Europe?s outstanding development and positioning in the space ?eld is based not only on Europe?s successful engineering and scienti?c capabilities and capacities, but also on the forceful political determination of all European actors to maintain and even further their engagement in the use of outer space. And it is this political determination which provides the focus for this ?Yearbook on Space Policy?. The Yearbook describes and analyses the contexts and contents of space policy. Its primary ?eld of investigation is Europe, but it also covers the whole range of global space activities and their in?uence on European endeavours.



Debates In The Senate In Its Session Of 1853 1854


Debates In The Senate In Its Session Of 1853 1854
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Author : Louisiana. Legislature. Senate
language : en
Publisher:
Release Date : 1853

Debates In The Senate In Its Session Of 1853 1854 written by Louisiana. Legislature. Senate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1853 with categories.




The Eu Charter Of Fundamental Rights


The Eu Charter Of Fundamental Rights
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Author : Steve Peers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-18

The Eu Charter Of Fundamental Rights written by Steve Peers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.


“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.



Recognition Of Kafala In The Italian Law System From A Comparative Perspective


Recognition Of Kafala In The Italian Law System From A Comparative Perspective
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Author : Adele Pastena
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2020-07-09

Recognition Of Kafala In The Italian Law System From A Comparative Perspective written by Adele Pastena and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Law categories.


The provision of Islamic kafala has no legal correspondence with secularised political systems and structures, and, as a result, requires a proper understanding of the legislative measures that are indispensable for the protection of the weakest groups of society, at least when the latter turn out to be mostly vulnerable or abandoned. Most recent international conventions have placed much emphasis on the priority to be given to child protection rather than other personal interests. While no syntagmatic principle exists for a theoretical definition and boundary of religious freedoms and legal rules affecting Islamic kafala, it has become a prevailing interpretative canon which requires the scholar to aim for a proper understanding of the cultural identities and measures to safeguard individuals concerned. This book is a thought-provoking study of these important issues, and will serve to strengthen further research into this topic area for the benefit of both academic and professional readers.