The Question Of Competence In The European Union
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The Question Of Competence In The European Union
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Author : Loïc Azoulai
language : en
Publisher: Oxford University Press
Release Date : 2014-03
The Question Of Competence In The European Union written by Loïc Azoulai 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 2014-03 with Law categories.
The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question
The Question Of Competence In The European Union
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Author : Loïc Azoulai
language : en
Publisher:
Release Date : 2014
The Question Of Competence In The European Union written by Loïc Azoulai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Competent authority categories.
The allocation of powers between the European Union and its member states is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question.
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.
The Passivity Of Law
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Author : Luigi Corrias
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-14
The Passivity Of Law written by Luigi Corrias 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 2011-04-14 with Philosophy categories.
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
The International Responsibility Of The European Union
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Author :
language : en
Publisher:
Release Date : 2011
The International Responsibility Of The European Union written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with European Union countries categories.
This thesis addresses the question of when the European Union is internationally responsible. More precisely, it examines the extent to which the European Union and its Member States bear responsibility for the violations of an international agreement committed as a consequence of the implementation of EU Law. The specific features of the multilevel system implementation of EU Law poses a series of very interesting questions as regards the EU's relations with its Member States and their responsibility under International Law. The EU primarily implements its law through its Member States' authorities. As such, should the EU bear responsibility for a violation committed by a Member State organ because it was implementing EU Law? Should a Member State which, in complying with a piece of EU legislation, violated an international obligation be held liable? This thesis examines these questions from a practical perspective. It examines how international bodies approach the issue. In this regard, the thesis sets out to examine whether there is a common thread in the way international courts and tribunals deal with the EU's international responsibility. The thesis is structured in four parts. Part I identifies the basic issues surrounding the responsibility of the EU and its Member States under international law, by examining the context and the main issues both at the international level and domestic level. Part II of the thesis focuses on the main mechanism used by the EU to deal with its international responsibility. More specifically it addresses the question of whether the division of competence is a good way to establish the EU's responsibility under an international agreement. Part III of the thesis continues with a practical examination of the EU's responsibility. It examines how international courts and tribunals establish the EU's international responsibility in absence of any declaration limiting its competence. Part IV summarizes the conclusions of Parts I, II and III and contains a series of concluding remarks on the issue of the EU's international responsibility and future developments.
Constitutional Law Of The Eu S Common Foreign And Security Policy
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Author : Graham Butler
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-03
Constitutional Law Of The Eu S Common Foreign And Security Policy written by Graham Butler and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.
The External Competence Of The European Union And Private International Law
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Author : Fausto Pocar
language : en
Publisher: Wolters Kluwer Italia
Release Date : 2007
The External Competence Of The European Union And Private International Law written by Fausto Pocar and has been published by Wolters Kluwer Italia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Supranational Governance At Stake
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Author : Mario Telò
language : en
Publisher: Routledge
Release Date : 2020-05-01
Supranational Governance At Stake written by Mario Telò and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-01 with Political Science categories.
This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU’s policy toolbox of supranational modes of governance beyond the State. The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU’s supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU’s internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.
Convincing Political Stakeholders
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Author : Klemens Joos
language : en
Publisher: John Wiley & Sons
Release Date : 2016-12-19
Convincing Political Stakeholders written by Klemens Joos and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Political Science categories.
With the Treaty of Lisbon, which entered into force on 1 December 2009, the EU de facto became a state territory stretching from Portugal to Finland and from Ireland to Cyprus. The previous co-decision procedure was elevated to become the standard procedure ("ordinary legislative procedure"). For the players on the "European Union stage" - the EU member states, EU regions, companies, associations and organisations - this leads to the problem that the outcome of decision-making processes has become largely incalculable. The author, Klemens Joos, points out that, at the latest since the Treaty of Lisbon, successful lobbying in the complex decision-making system of the EU is much more the result of the intermesh of content competence (the four "classic instruments" of lobbying: corporate representative of-fices, associations, public affairs agencies, law firms) with process structure competence (i.e. the EU-wide maintenance of the required spatial, personnel and organisational capacities as well as strong networks across institutions, political groups and member states) on the part of an independent intermediary. One's own concerns are only likely to be successful if the in-terests of politicians and the general public are taken into consideration (change in perspec-tive to the common interest perspective). If this perspective change is successful, process support competence is crucial to achieving the objective.
The Rule Of Law In The European Union
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Author : Theodore Konstadinides
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-21
The Rule Of Law In The European Union written by Theodore Konstadinides and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.
This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.