The Legal Effects Of Eu Soft Law
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The Legal Effects Of Eu Soft Law
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Author : Petra L. Láncos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
The Legal Effects Of Eu Soft Law written by Petra L. Láncos 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 2023-07-01 with Law categories.
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
Eu Soft Law In The Member States
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Author : Mariolina Eliantonio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-25
Eu Soft Law In The Member States written by Mariolina Eliantonio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.
Soft Law In European Community Law
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Author : Linda Senden
language : en
Publisher: Hart Publishing
Release Date : 2004-09-28
Soft Law In European Community Law written by Linda Senden and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-28 with Law categories.
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Legitimacy And Effectiveness Of Esma S Soft Law
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Author : van Rijsbergen, Marloes
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Legitimacy And Effectiveness Of Esma S Soft Law written by van Rijsbergen, Marloes 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 2021-10-19 with Law categories.
This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.
Research Handbook On Soft Law
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Author : Mariolina Eliantonio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Research Handbook On Soft Law written by Mariolina Eliantonio 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 2023-11-03 with Law categories.
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
The Europeanisation Of Law
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Author : Francis G. Snyder
language : en
Publisher: Hart Publishing
Release Date : 2000-09-25
The Europeanisation Of Law written by Francis G. Snyder and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-25 with Law categories.
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Soft Law In Court
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Author : Oana Ştefan
language : en
Publisher:
Release Date : 2013
Soft Law In Court written by Oana Ştefan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Of soft law and the courts -- The geometry of soft law references -- The soft law champions : frequent judicial references to particular instruments -- The legal status of soft law -- The relationship between soft and hard law : hierarchical hybridity -- The legal effects recognized by the courts for soft law -- The binding effects of soft law -- A principled approach to soft law -- Conclusion. Judicialization of legal hybrids in a constitutional pluralist environment.
The Evolution Of Eu Law
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Author : Paul P. Craig
language : en
Publisher:
Release Date : 2011
The Evolution Of Eu Law written by Paul P. Craig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
Legitimacy And Effectiveness Of Esma S Soft Law
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Author : Marloes van Rijsbergen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-28
Legitimacy And Effectiveness Of Esma S Soft Law written by Marloes van Rijsbergen 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 2021-10-28 with categories.
This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies' soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA's existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'hard' effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA's soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA's soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.
The Legal Effects Of Eu Agreements
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Author : Mario Mendez
language : en
Publisher: OUP Oxford
Release Date : 2013-03-07
The Legal Effects Of Eu Agreements written by Mario Mendez and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-07 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Comprehensively examining the legal effects of EU concluded treaties, this book provides a thorough analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the author finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically. This volume will serve as a reference point for future work in this area and will also be of assistance to EU law practitioners dealing with EU agreements.