The Rule Of Law In European Integration
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The Rule Of Law In European Integration
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Author : Stuart A. Scheingold
language : en
Publisher: Quid Pro Books
Release Date : 2013-07-17
The Rule Of Law In European Integration written by Stuart A. Scheingold and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-17 with Law categories.
Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.
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 Rule Of Law In The European Union
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Author : Dr Theodore Konstadinides
language : en
Publisher:
Release Date : 2017
The Rule Of Law In The European Union written by Dr Theodore Konstadinides and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Rule of 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.--
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 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.
Reinforcing Rule Of Law Oversight In The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-13
Reinforcing Rule Of Law Oversight In The European Union written by Carlos Closa 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 2016-10-13 with Law categories.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Eu Enlargement And The Failure Of Conditionality
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Author : Dimitry Kochenov
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Eu Enlargement And The Failure Of Conditionality written by Dimitry Kochenov and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Law Democracy And Solidarity In A Post National Union
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Author : Erik Oddvar Eriksen
language : en
Publisher: Routledge
Release Date : 2008-07-04
Law Democracy And Solidarity In A Post National Union written by Erik Oddvar Eriksen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-04 with Law categories.
Investigates how the values of the rule of law, solidarity and democracy can be understood in the European Union in order ensure the sustainability of the European political order.
Protection Of Fundamental Rights In Europe
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Author : Sonia Morano-Foadi
language : en
Publisher: Springer Nature
Release Date : 2020-05-14
Protection Of Fundamental Rights In Europe written by Sonia Morano-Foadi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.
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.