The Role Of Law In European Integration
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The Role Of Law In European Integration
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Author : Thomas M.J Möllers
language : en
Publisher:
Release Date : 2010
The Role Of Law In European Integration written by Thomas M.J Möllers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
After the Treaty of Nice, the European Union is at a crossroads. It is largely viewed negatively by its member states and inhabitants alike. This article investigates the accuracy of the negative view that Europe is threatened by alack of identity. Neither aspirations of peace, nor economic freedom, nor a European legal community, in its present condition, can any longer by themselves justify the European integration process, but rather that bad European law is leading in a variety of ways to dissatisfaction. Common tasks, paths of development and the shared goals of Europe, which justify further European integration, are delineated. It is shown how European and national law must be further developed into a European legislative theory and methodology, so that better law at the European and national levels can be created on the basis of acceptance and European identity. The article ends with a consideration of the immense significance of communication and language.
The Role Of Law In European Integration
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Author : Thomas M. J. Möllers
language : en
Publisher: Nova Biomedical Books
Release Date : 2003
The Role Of Law In European Integration written by Thomas M. J. Möllers and has been published by Nova Biomedical Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Europe categories.
It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.
Lawyering Europe
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Author : Antoine Vauchez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-13
Lawyering Europe written by Antoine Vauchez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-13 with Law categories.
While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.
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.
The European Court Of Justice An Important Motor Of European Integration
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Author :
language : en
Publisher: GRIN Verlag
Release Date : 2016-06-06
The European Court Of Justice An Important Motor Of European Integration written by and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-06 with Political Science categories.
Essay from the year 2016 in the subject Politics - International Politics - Topic: European Union, grade: 69 Prozent (1,7), Cardiff University, language: English, abstract: The question of the role of the European Court of Justice (ECJ) in the process of European integration has been a matter of long-standing academic dispute between neo-functionalists and intergovernmentalists. In this essay it will be argued that the ECJ can be seen as an engine of European integration but the court – founded along with the other core institutions of the European Union (EU) in the 1950s – depends on the assistance of other actors. The explanation of this assertion is unfolded in three steps. At first this paper will provide a brief overview of neo-functionalism and intergovernmentalism and their dispute concerning the ECJ. Secondly, the ‘magic triangle’ (Vauchez 2008, p. 8) consisting of ‘direct effect’, ‘supremacy’ and ‘preliminary ruling’ – which allows the ECJ to have an impact on the integration process – will be examined and it will be explained why these three mentioned rules are so important for the European legal order. Thirdly, it is claimed that there are limits of the court’s judicial law-making and thus its role in the process of European integration should not be overestimated.
Law And Integration In The European Union
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Author : Stephen Weatherill
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Law And Integration In The European Union written by Stephen Weatherill and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Europe categories.
In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.
Democracy And Rule Of Law In The European Union
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Author : Flora A.N.J. Goudappel
language : en
Publisher: Springer
Release Date : 2015-12-30
Democracy And Rule Of Law In The European Union written by Flora A.N.J. Goudappel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-30 with Law categories.
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.
The Legal Order Of The European Union
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Author : Timothy Moorhead
language : en
Publisher: Routledge
Release Date : 2014-05-30
The Legal Order Of The European Union written by Timothy Moorhead and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-30 with Law categories.
The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Spreading Democracy And The Rule Of Law
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-30
Spreading Democracy And The Rule Of Law written by Wojciech Sadurski 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 2006-07-30 with Law categories.
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
The State Of The European Union 6
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Author : Tanja A. Börzel
language : en
Publisher: Oxford University Press
Release Date : 2003-09-04
The State Of The European Union 6 written by Tanja A. Börzel 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 2003-09-04 with Business & Economics categories.
The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.