The Transformation Or Reconstitution Of Europe
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The Transformation Or Reconstitution Of Europe
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Author : Siniša Rodin
language : en
Publisher:
Release Date : 2018
The Transformation Or Reconstitution Of Europe written by Siniša Rodin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola
The Transformation Or Reconstitution Of Europe
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Author : Tamara Perišin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-08
The Transformation Or Reconstitution Of Europe written by Tamara Perišin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-08 with Law categories.
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Authoritarian Liberalism And The Transformation Of Modern Europe
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Author : Michael A. Wilkinson
language : en
Publisher: Oxford University Press
Release Date : 2021
Authoritarian Liberalism And The Transformation Of Modern Europe written by Michael A. Wilkinson 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 2021 with Law categories.
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Italy Europe The Left
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Author : Vassilis Fouskas
language : en
Publisher: Routledge
Release Date : 2018-12-20
Italy Europe The Left written by Vassilis Fouskas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Political Science categories.
Published in 1998. Was the Italian Communist Party (PCI) a typical Social Democratic party in tune with the programmatic principles of the Second International? What is the appropriate context within which the strategies of 'historic compromise' and Eurocommunism in the 1970s can be analyzed and understood? In what form and to what extent has the process of European integration and the crisis of Keynesianism contributed to the transformation of the party in 1989-91? What caused the collapse of the ruling political class of the First Italian Republic? Why did the transformed PCI, the PDS (Democratic Party of the Left), fail to lead the transition to the Second Italian Republic between 1992 and 1996? Is there any link between the party’s historical factions and the current divisions in the Italian Left? Is it possible to theorize and speculate upon these divisions? Italy, Europe, the Left seeks to answer these questions, debating conventional views and examining the extent to which the end of the Cold War has contributed to a redefinition of the Left’s identity in Italy and Europe. The exemplary methodological framework and the wider European perspective adopted throughout, make the book an indispensable reading in the field of Italian and European politics.
The Role Of The Eu In Transnational Legal Ordering
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Author : Marta Cantero Gamito
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
The Role Of The Eu In Transnational Legal Ordering written by Marta Cantero Gamito 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 2020-02-28 with Law categories.
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
The Emergence Of European Society Through Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2024-03-06
The Emergence Of European Society Through Public Law written by Armin von Bogdandy 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 2024-03-06 with Law categories.
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
The Role Of The Court Of Justice In Eu Labour Law
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Author : Silvia Rainone
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-17
The Role Of The Court Of Justice In Eu Labour Law written by Silvia Rainone 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 2023-05-17 with Law categories.
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Researching The European Court Of Justice
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Author : Mikael Rask Madsen
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Researching The European Court Of Justice written by Mikael Rask Madsen 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 2022-05-26 with Law categories.
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
The Transformation Of Europe
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Author : Miguel Poiares Maduro
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-28
The Transformation Of Europe written by Miguel Poiares Maduro 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 2017-09-28 with Law categories.
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
The Law Of Political Economy
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Author : Poul F. Kjaer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
The Law Of Political Economy written by Poul F. Kjaer 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 2020-04-23 with Law categories.
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--