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Limits To Eu Powers


Limits To Eu Powers
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Limits To Eu Powers


Limits To Eu Powers
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Author : Jacob Öberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-27

Limits To Eu Powers written by Jacob Öberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-27 with Law categories.


PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.



Europe China And The Limits Of Normative Power


Europe China And The Limits Of Normative Power
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Author : Zsuzsa Anna Ferenczy
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019

Europe China And The Limits Of Normative Power written by Zsuzsa Anna Ferenczy 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 2019 with China categories.


Europe, China, and the Limits of Normative Power is a groundbreaking book, offering insights into European influence regarding China’s development, during a period when Europe confronts its most serious political, social, and economic crises of the post-war period. Considering Europe’s identity and its future international relevance, this book examines the extent to which Europe’s multi-layered governance structure, the normative divergence overshadowing EU–China relations and Europe’s crises continue to shape – and often limit – Europe’s capacity to inspire China’s development.



Eu Powers Under External Pressure


Eu Powers Under External Pressure
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Author : Christina Eckes
language : en
Publisher: Oxford University Press
Release Date : 2019-01-15

Eu Powers Under External Pressure written by Christina Eckes 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 2019-01-15 with Law categories.


EU external actions have deep constitutional and institutional implications for EU law and practices. The EU's competences in external relations have continuously increased, including with the entry into force of the Treaty of Lisbon. As a result, the EU has become ever more active in external relations. This has in turn increased the internal constitutional and institutional effects of EU external actions. This book traces these legal effects and the broader constitutional implications, including potential integrative forces. EU external actions affect the power division between the EU and its Member States and between the different EU institutions; the unity and autonomy of the EU legal order; the role and position of Member States on the international plane; their autonomy; the relationship between national, international and EU law; and the ability of EU citizens to identify who is responsible for a particular action or policy, as well as their legitimate expectation that the EU takes action on their behalf. The chapters demonstrate the interpretation of organizational principles, such as sincere cooperation, subsidiarity, primacy and coherence, changes in the context of external relations; how the choice of an external legal basis rather than an internal legal basis affects the powers of the Union and its Member States; what power shifts happen when policies are determined in international agreements, rather than in internal decision-making; and how EU participation in international dispute settlement mechanisms affects the autonomy and legitimacy of the EU.



The Brussels Effect


The Brussels Effect
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Author : Anu Bradford
language : en
Publisher:
Release Date : 2020

The Brussels Effect written by Anu Bradford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.


The Brussels Effect offers a novel account of the EU by challenging the view that it is a declining world power. Anu Bradford explains how the EU exerts global influence through its ability to unilaterally regulate the global marketplace without the need to engage in neither international cooperation nor coercion.



Foreign Affairs And The Eu Constitution


Foreign Affairs And The Eu Constitution
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Author : Robert Schütze
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-16

Foreign Affairs And The Eu Constitution written by Robert Schütze 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 2014-10-16 with Law categories.


A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.



Limits To The European Union S Normative Power In A Post Conflict Society


Limits To The European Union S Normative Power In A Post Conflict Society
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Author : Rok Zupančič
language : en
Publisher: Springer
Release Date : 2018-04-17

Limits To The European Union S Normative Power In A Post Conflict Society written by Rok Zupančič and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Political Science categories.


By shedding light on EULEX - the EU mission to Kosovo – this open access book investigates the EU’s peacebuilding activities in that country, in the light of the normative power theory in the post-conflict setting and peacebuilding theory. Ten years after the massive engagement of the EU in the country torn by war, the authors critically assess the effects of the EU projecting its normative power – the enforcement of its standards, ‘good’ or ‘bad’ – through the EULEX mission, taking into consideration also the local aspects, so far neglected in this field of research. Inspecting thoroughly the EULEX activities in the police, customs and judiciary sector, the authors reveal that the mission can contribute to a positive change, but only in those cases which do not request a heavy political involvement and broad leverage by other international players (for example in improving standards of work in police and customs). When it comes to the most serious cases of organized crime, corruption and war crimes, EULEX, however, has not been able to address them effectively due to several internal mission’s deficiencies and external factors; the perceived ineffectiveness of EULEX among the local population led to the lowering of trust not only in this CSDP mission, but also in the EU in general. This open access book offers a comprehensive assessment of the EULEX mission, based on two Horizon2020 research projects: IECEU - Improving the Effectiveness of Capabilities in EU Conflict Prevention, and KOSNORTH – The European Union and its Normative Power in a Post-conflict Society: A Case Study of Northern Kosovo (Marie Sklodowska-Curie Individual Fellowship). As such it is an invaluable resource for scholars, students and policymakers interested in security questions in South Eastern Europe and EU external action.



Eu Powers Under External Pressure


Eu Powers Under External Pressure
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Author : Christina Eckes
language : en
Publisher: Oxford University Press
Release Date : 2019-01-15

Eu Powers Under External Pressure written by Christina Eckes 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 2019-01-15 with Law categories.


EU external actions have deep constitutional and institutional implications for EU law and practices. The EU's competences in external relations have continuously increased, including with the entry into force of the Treaty of Lisbon. As a result, the EU has become ever more active in external relations. This has in turn increased the internal constitutional and institutional effects of EU external actions. This book traces these legal effects and the broader constitutional implications, including potential integrative forces. EU external actions affect the power division between the EU and its Member States and between the different EU institutions; the unity and autonomy of the EU legal order; the role and position of Member States on the international plane; their autonomy; the relationship between national, international and EU law; and the ability of EU citizens to identify who is responsible for a particular action or policy, as well as their legitimate expectation that the EU takes action on their behalf. The chapters demonstrate the interpretation of organizational principles, such as sincere cooperation, subsidiarity, primacy and coherence, changes in the context of external relations; how the choice of an external legal basis rather than an internal legal basis affects the powers of the Union and its Member States; what power shifts happen when policies are determined in international agreements, rather than in internal decision-making; and how EU participation in international dispute settlement mechanisms affects the autonomy and legitimacy of the EU.



Digital Constitutionalism In Europe


Digital Constitutionalism In Europe
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Author : Giovanni De Gregorio
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26

Digital Constitutionalism In Europe written by Giovanni De Gregorio 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 2022-05-26 with Law categories.


How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.



European Yearbook Of Constitutional Law 2020


European Yearbook Of Constitutional Law 2020
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Author : Ernst Hirsch Ballin
language : en
Publisher: Springer Nature
Release Date : 2021-03-27

European Yearbook Of Constitutional Law 2020 written by Ernst Hirsch Ballin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-27 with Law categories.


The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.



The Outer Limits Of European Union Law


The Outer Limits Of European Union Law
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Author : Catherine Barnard
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-05

The Outer Limits Of European Union Law written by Catherine Barnard and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-05 with Law categories.


A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.