Rethinking The Relationship Between International Eu And National Law
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Rethinking The Relationship Between International Eu And National Law
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Author : Lando Kirchmair
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-14
Rethinking The Relationship Between International Eu And National Law written by Lando Kirchmair 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 2024-03-14 with Law categories.
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
Shifting Centres Of Gravity In Human Rights Protection
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Author : Oddný Mjöll Arnardóttir
language : en
Publisher: Routledge
Release Date : 2016-02-26
Shifting Centres Of Gravity In Human Rights Protection written by Oddný Mjöll Arnardóttir and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Law categories.
The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.
Transnational Law
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Author : Miguel Maduro
language : en
Publisher: Cambridge University Press
Release Date : 2014-05
Transnational Law written by Miguel Maduro 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 2014-05 with Law categories.
This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.
Brexit And Beyond
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Author : Benjamin Martill
language : en
Publisher: UCL Press
Release Date : 2018-01-29
Brexit And Beyond written by Benjamin Martill and has been published by UCL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-29 with Political Science categories.
Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent
Rethinking Nordic Courts
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Author : Laura Ervo
language : en
Publisher: Springer Nature
Release Date : 2021-08-01
Rethinking Nordic Courts written by Laura Ervo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Great Judgments Of The European Court Of Justice
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Author : William Phelan
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Great Judgments Of The European Court Of Justice written by William Phelan 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 2019-06-13 with Law categories.
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Rethinking European Union Foreign Policy
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Author : Ben Tonra
language : en
Publisher: Manchester University Press
Release Date : 2004
Rethinking European Union Foreign Policy written by Ben Tonra and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Political Science categories.
This text reviews a variety of approaches to the study of the European Union's foreign policy. Much analysis of EU foreign policy contains implicit theoretical assumptions about the nature of the EU and its member states, their inter-relationships, the international system in which they operate and the nature and direction of European integration. In many instances such assumptions, given that they are not discussed openly, curtail rather than facilitate debate. The purpose of this book is to open up this field of enquiry so that students, observers and analysts of EU foreign policy can review a broad range of tools and theoretical templates from which the development and the trajectory of the EU's foreign policy can be studied.
Preventive Justice
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2014-03-27
Preventive Justice written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Law categories.
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Author : Christian Calliess
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-24
Constitutional Identity In A Europe Of Multilevel Constitutionalism written by Christian Calliess 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 2019-10-24 with Law categories.
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Rethinking Eu Consumer Law
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Author : Geraint Howells
language : en
Publisher: Routledge
Release Date : 2017-07-28
Rethinking Eu Consumer Law written by Geraint Howells and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.