The Authority Of European Law
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The Authority Of Eu Law
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Author : Wolfgang Heusel
language : en
Publisher: Springer
Release Date : 2019-07-16
The Authority Of Eu Law written by Wolfgang Heusel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-16 with Law categories.
This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.
The Authority Of European Law
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Author : Elvira Mendez-Pinedo
language : is
Publisher:
Release Date : 2013
The Authority Of European Law written by Elvira Mendez-Pinedo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
Allocating Authority
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Author : Joana Mendes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Allocating Authority written by Joana Mendes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.
Public Epistemic Authority
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Author : Johann Moritz Laux
language : en
Publisher: Mohr Siebeck
Release Date : 2022-06-29
Public Epistemic Authority written by Johann Moritz Laux and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-29 with Law categories.
Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
The Power Of The European Court Of Justice
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Author : Susanne K. Schmidt
language : en
Publisher: Routledge
Release Date : 2014-06-11
The Power Of The European Court Of Justice written by Susanne K. Schmidt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Political Science categories.
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
European Law In An Era Of Crisis
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Author : Peter Christian Müller-Graff
language : en
Publisher: BWV Verlag
Release Date : 2012-01-01
European Law In An Era Of Crisis written by Peter Christian Müller-Graff and has been published by BWV Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with European Economic Community countries categories.
HauptbeschreibungEuropean law (EC law and EEA law) was suddenly confronted with the great global crisis of the financial markets in the autumn of 2008 in an intensity never experienced before. How flexible the rules on the internal market of the European Union and on the European Economic Area are shaped in order to cope with the challenges of such an era of crisis is the topic of this volume. Its seven contributions analyse the impact of the crisis on the free movement of capital, the free movement of services, the rules on competition and the development of the relation between Norway and the European Union.
The Rising Complexity Of European Law
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Author : Peter-Christian Müller-Graff
language : en
Publisher: BWV Verlag
Release Date : 2014-03-27
The Rising Complexity Of European Law written by Peter-Christian Müller-Graff and has been published by BWV Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Europe categories.
The volume presents seven contributions which analyse two different progressive complex developments of European law: the legal challenges of adherence to the internal market without membership in the European Union in a comparative view of Norway (EEA) and Switzerland ("Bilateral Agreements"), and the legal answers to the financial and/or budgetary crisis and challenges in Europe. The common denominator of both subjects is the raising complexity of European law.--
Relative Authority Of Judicial And Extra Judicial Review
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Author : Michal Krajewski
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-29
Relative Authority Of Judicial And Extra Judicial Review written by Michal Krajewski and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.
Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
The Division Of Competences Between The Eu And The Member States
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Author : Sacha Garben
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Division Of Competences Between The Eu And The Member States written by Sacha Garben and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
General Principles Of Law
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Author : Stefan Vogenauer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-15
General Principles Of Law written by Stefan Vogenauer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.