The Constitutional Framework For Enhanced Cooperation In Eu Law
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The Constitutional Framework For Enhanced Cooperation In Eu Law
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Author : Robert Böttner
language : en
Publisher: BRILL
Release Date : 2021-02-15
The Constitutional Framework For Enhanced Cooperation In Eu Law written by Robert Böttner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
Bridging Clauses In European Constitutional Law
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Author : Robert Böttner
language : en
Publisher: Springer
Release Date : 2018-01-17
Bridging Clauses In European Constitutional Law written by Robert Böttner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-17 with Law categories.
The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
The Treaty Of Lisbon And The Future Of European Law And Policy
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Author : Martin Trybus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
The Treaty Of Lisbon And The Future Of European Law And Policy written by Martin Trybus 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 2012-01-01 with Law categories.
'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.
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.
Eu Constitutional Law
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Author : Allan Rosas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-17
Eu Constitutional Law written by Allan Rosas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Understanding The European Constitution
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Author : Clive H. Church
language : en
Publisher: Routledge
Release Date : 2005-11-16
Understanding The European Constitution written by Clive H. Church and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-16 with Political Science categories.
The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.
Unity And Flexibility In The Future Of The European Union The Challenge Of Enhanced Cooperation
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Author : José María Beneyto
language : en
Publisher: Fundación Univ. San Pablo
Release Date : 2009
Unity And Flexibility In The Future Of The European Union The Challenge Of Enhanced Cooperation written by José María Beneyto and has been published by Fundación Univ. San Pablo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The entry into force of the Lisbon Treaty poses anew the question of whether, from now on, it will be more likely for the European Union to use this mechanism, or, conversely, the new institutional, jurisdictional and decision-making framework may act as a containment of favourable trends in the development of variable integration formulas. In reality, flexible or differentiated integration instruments, within or outside of the framework of the EU, alongside strictly intergovernmental cooperation between certain EU countries, have existed since the beginning of Community integration.
Enhanced Cooperation And European Tax Law
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Author : Caroline Heber
language : en
Publisher: Oxford University Press
Release Date : 2021-06-17
Enhanced Cooperation And European Tax Law written by Caroline Heber 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 2021-06-17 with Law categories.
The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
The Eu Treaties And The Charter Of Fundamental Rights
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Author : Manuel Kellerbauer
language : en
Publisher: Oxford University Press
Release Date : 2019-05-16
The Eu Treaties And The Charter Of Fundamental Rights written by Manuel Kellerbauer 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 2019-05-16 with Law categories.
Companion website: www.oup.com/klamert This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects. Commentary on the EU Treaties and the Charter of Fundamental Rights: Digital Pack includes a digital app with enhanced user functionalities that ensures that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone
The European Union
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Author : Jaap W. de Zwaan
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004
The European Union written by Jaap W. de Zwaan and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The European Union concentrates on the three main areas of European integration that mark the career path of Alfred E. Kellermann. Part I covers institutional and constitutional aspects, Part II general principles and substantive aspects and Part III new Member States and Eastern Europe. The contributions included in this Liber Amicorum vary from thematic in-depth studies to studies of a comparative nature. Their themes include, inter alia, the structure of the Union according to the Constitution for Europe, the changes and challenges with which the Union's institutions are faced, the future paths of flexibility (enhanced cooperation, partial agreements and pioneer groups), the role of national competition authorities and national courts under Regulation 1/2003, the constitutional preparation for EU accession in the new Member States, and the influence of European integration on the development of law in Russia. Specific to this book: • Contains 27 original contributions authored by prominent EU lawyers from academia and practice • All contributions written in honour of Alfred E. Kellermann and his work in European Law • Examines, amongst other things, the new Member States at a time of integration and development in Europe