The European Stability Mechanism Before The Court Of Justice Of The European Union
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The European Stability Mechanism Before The Court Of Justice Of The European Union
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Author : Etienne de Lhoneux
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-30
The European Stability Mechanism Before The Court Of Justice Of The European Union written by Etienne de Lhoneux 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 2013-09-30 with Law categories.
This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court’s interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc.) with regard to the ESM treaty provisions.
The European Stability Mechanism Before The Court Of Justice Of The European Union
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Author : Etienne de Lhoneux
language : en
Publisher:
Release Date : 2013-10-31
The European Stability Mechanism Before The Court Of Justice Of The European Union written by Etienne de Lhoneux and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with categories.
Democracy In The Emu In The Aftermath Of The Crisis
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Author : Luigi Daniele
language : en
Publisher: Springer
Release Date : 2017-04-21
Democracy In The Emu In The Aftermath Of The Crisis written by Luigi Daniele and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-21 with Law categories.
The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.
Beyond The Crisis
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Author : Mark Dawson
language : en
Publisher: Oxford University Press
Release Date : 2015
Beyond The Crisis written by Mark Dawson 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 2015 with Law categories.
This volume examines the many open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union.
What S Left Of The Law Of Integration
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Author : Julio Baquero Cruz
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09
What S Left Of The Law Of Integration written by Julio Baquero Cruz 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 2018-08-09 with Law categories.
Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.
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.
The Court Of Justice And The Construction Of Europe Analyses And Perspectives On Sixty Years Of Case Law La Cour De Justice Et La Construction De L Europe Analyses Et Perspectives De Soixante Ans De Jurisprudence
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Author : Court of Justice of the European Un
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-05
The Court Of Justice And The Construction Of Europe Analyses And Perspectives On Sixty Years Of Case Law La Cour De Justice Et La Construction De L Europe Analyses Et Perspectives De Soixante Ans De Jurisprudence written by Court of Justice of the European Un 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 2012-12-05 with Law categories.
This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
From Saviour To Guarantor
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Author : Fabio Bassan
language : en
Publisher: Springer
Release Date : 2015-08-25
From Saviour To Guarantor written by Fabio Bassan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-25 with Business & Economics categories.
State guarantees commonly function as financial panacea, allowing states to consolidate banking systems and create intergovernmental funds. Rules surrounding state guarantees were relaxed during the 2007-2008 financial crisis, allowing states to use them for financing small and medium-sized enterprises (SMEs) and workers' severance payments. Despite many multi-level interventions in many areas after the financial crisis, from international treaties to EU regulations, no specific regulation has been put in place to control state guarantees. This book addresses the subject of state guarantees in the Eurozone, and questions the stability of the instruments implemented so far by states and by the European Union. Using a methodology combining law and finance, it examines the tools adopted by European institutions and Member States in the EU's evolving institutional context, in order to evaluate the effectiveness of the tools themselves as well as of the new European institutional framework. It also addresses the unconventional measures adopted by the European Central Bank, its role as safeguard for European state guarantees and its interaction with the European Union and national courts. In From Saviour to Guarantor the authors suggest that the absence of specific regulatory interventions and the variety and vagueness of existing rules has resulted in state guarantees further destabilising public international finance.
The Currency Of Solidarity
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Author : Vestert Borger
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-08
The Currency Of Solidarity written by Vestert Borger 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 2020-10-08 with Law categories.
In their fight against the debt crisis, the European Union and its member states took measures that have profoundly changed the euro. It now differs fundamentally from when it was introduced by the Treaty of Maastricht. Surprisingly, this change has come about with hardly any formal amendment to the Union's 'basic constitutional charter', the Treaties. How, then, to understand it? This book argues that the constitution of the EU has transformed, which occurs when constitutions change without amendment. The transformation is characterized by a broadening of the currency union's stability conception from price stability to also financial stability. Using solidarity as a lens, the book conceptualises the unity of the member states and analyses how this was preserved during the crisis. Subsequently, it explains how that changed the currency union's set-up and why the European Court of Justice could not turn against the change in Pringle and Gauweiler.
The Role Of International Administrative Law At International Organizations
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Author :
language : en
Publisher: BRILL
Release Date : 2020-11-04
The Role Of International Administrative Law At International Organizations written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-04 with Law categories.
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.