La Notion D Identit Constitutionnelle De L Etat Membre De L Union Europ Enne
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La Notion D Identit Constitutionnelle De L Etat Membre De L Union Europ Enne
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Author : David Bailly
language : fr
Publisher:
Release Date : 2014
La Notion D Identit Constitutionnelle De L Etat Membre De L Union Europ Enne written by David Bailly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Si l'histoire de la construction européenne a été marquée, à partir des années 1970, par les tensions entre la Communauté puis l'Union, d'une part, imposant la primauté absolue de son droit, et les États membres, d'autre part, revendiquant la suprématie de leur droit constitutionnel, cette problématique tend à se cristalliser depuis quelques années autour d'une notion : celle d'identité constitutionnelle de l'État membre. Pourtant la vertu fédératrice qu'on pourrait lui prêter contraste avec la polysémie de la notion. C'est précisément l'objet de cette étude de droit constitutionnel européen que de tenter de dégager des données du droit positif des États membres et de l'Union un concept empirique viable de la notion d'identité constitutionnelle de l'État membre, inspiré par une grille d'analyse issue des sciences sociales.La fondamentalité, dont l'objectivation passe par la référence à l'histoire de l'État, constitue un critère de définition nécessaire, quoiqu'insuffisant, de l'identité constitutionnelle, quelle que soit la façon dont celle-ci est conçue. Ecartées les formes contingentes de l'identité constitutionnelle qui conduisent à terme au dépérissement de la notion, selon des processus variables, que l'identité soit envisagée à partir de ce qu'il y a d'identique entre les États membres ou de spécifique à chaque État membre vis-à-vis de l'Union (et en dernière analyse vis-à-vis de ses pairs), c'est une conception de l'identité constitutionnelle inhérente à l'État membre qui s'imposera finalement. Ainsi conçue à partir de ce qui est ontologiquement commun aux États membres et irréductiblement spécifique vis-à-vis de l'Union, l'identité constitutionnelle assure en définitive la pérennité de l'étaticité des membres de l'Union et de l'origine stato-nationale de toute puissance publique, étatique ou européenne, en Europe.
L Utilisation De La Notion D Identit Constitutionnelle
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Author : Danielle Rojas
language : fr
Publisher:
Release Date : 2021
L Utilisation De La Notion D Identit Constitutionnelle written by Danielle Rojas 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.
Governing Europe Under A Constitution
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Author : Herm.-Josef Blanke
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-02-28
Governing Europe Under A Constitution written by Herm.-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 2006-02-28 with Law categories.
The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".
Thirty Years Of Community Law
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Author : Commission of the European Communities
language : en
Publisher: Luxembourg : Office for Official Publications of the European Communities
Release Date : 1983
Thirty Years Of Community Law written by Commission of the European Communities and has been published by Luxembourg : Office for Official Publications of the European Communities this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
"More than 30 years have elapsed since Robert Schuman's declaration of 9 May 1950 and the signature on 18 April 1951 of the Treaty of Paris establishing the European Coal and Steel Community. The time has come for the European Community to take stock. Both as a unique economic and human experiment, and as a reality endowed with powerful legal instruments, this singular phenomenon needs to be examined from the standpoint of history. The establishment of the Community was completed with the conclusion of the Treaties of Rome creating the European Economic Community and the European Atomic Energy Community. Its institutions have undergone several stages of development, including the merger of the executives, the creation of own resources, the extension of Parliament's budgetary powers and the creation of a Court of Auditors. At the same time the Community was putting into effect the fundamental principles of free movement of goods, persons, services and capital, and developing the common policies which are laid down in the Treaties or which proved necessary in order to attain, in the course of the operation of the common market, one of the objectives of the Community. On two occasions it has been enlarged by the accession of further European States, first Denmark, Ireland and the United Kingdom, and subsequently Greece. It has also commenced negotiations with a view to the admission of Spain and Portugal. The progress made by the Community is reflected in a vast range of legislation binding on Member States, firms and individuals, and in the body of case-law built up by the Court of Justice in Luxembourg. The Commission wished to provide a work of reference for lawyers which did not assume any familiarity with questions of Community law. It asked eminent specialists in the subject from the various Member States to make individual contributions to Thirty years of Community law so as to trace the development of the Community, summarize the progress achieved in the various sectors and examine the difficulties which the Community has had to face. Each author was allowed the fullest freedom of expression. Neither the Commission nor readers will necessarily share all the points of views expressed, but they will at least have the benefit of a full and frank discussion"--Unedited summary from book cover.
Doing Business 2017
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Author : World Bank
language : en
Publisher: World Bank Publications
Release Date : 2016-10-25
Doing Business 2017 written by World Bank and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-25 with Business & Economics categories.
Fourteenth in a series of annual reports comparing business regulation in 190 economies, Doing Business 2017 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. This year’s report introduces major improvements by expanding the paying taxes indicators to cover postfiling processes—tax audits, tax refunds and tax appeals—and presents analysis of pilot data on selling to the government which measures public procurement regulations. Also for the first time this year Doing Business collects data on Somalia, bringing the total number of economies covered to 190. Using the data originally developed by Women, Business and the Law, this year for the first time Doing Business adds a gender component to three indicators—starting a business, registering property, and enforcing contracts—and finds that those economies which limit women’s access in these areas have fewer women working in the private sector both as employers and employees. The report updates all indicators as of June 1, 2016, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception.
The Past And Future Of Eu Law
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Author : Luis Miguel Poiares Pessoa Maduro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-02-05
The Past And Future Of Eu Law written by Luis Miguel Poiares Pessoa Maduro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-05 with Law categories.
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017-04-07
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 2017-04-07 with Law categories.
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Philosophy In A Time Of Terror
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Author : Jürgen Habermas
language : en
Publisher: University of Chicago Press
Release Date : 2003-06-15
Philosophy In A Time Of Terror written by Jürgen Habermas and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-15 with History categories.
The idea for Philosophy in a Time of Terror was born hours after the attacks on 9/11 and was realized just weeks later when Giovanna Borradori sat down with Jürgen Habermas and Jacques Derrida in New York City, in separate interviews, to evaluate the significance of the most destructive terrorist act ever perpetrated. This book marks an unprecedented encounter between two of the most influential thinkers of our age as here, for the first time, Habermas and Derrida overcome their mutual antagonism and agree to appear side by side. As the two philosophers disassemble and reassemble what we think we know about terrorism, they break from the familiar social and political rhetoric increasingly polarized between good and evil. In this process, we watch two of the greatest intellects of the century at work.
Solidarity In Eu Law
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Author : Andrea Biondi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Solidarity In Eu Law written by Andrea Biondi 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 2018 with categories.
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
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.