The Treaty Making Power Of The European Community
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The Exclusive Treaty Making Power Of The European Community Up To The Period Of The Single European Act
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Author : Moshe Kaniel
language : en
Publisher: BRILL
Release Date : 2023-07-24
The Exclusive Treaty Making Power Of The European Community Up To The Period Of The Single European Act written by Moshe Kaniel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.
The Treaty Making Power Of The European Community
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Author : Diana Zacharias
language : en
Publisher:
Release Date : 2005
The Treaty Making Power Of The European Community written by Diana Zacharias and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Treaty-making power categories.
The European Community The European Union And The International Law Of Treaties
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Author : Delano R. Verwey
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004
The European Community The European Union And The International Law Of Treaties written by Delano R. Verwey and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
In the past decades the European Community and, to a lesser extent, the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by the existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union’s external treaty-making powers. The study is completed with a number of concrete proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements. The case law referred to in the book has been compiled in a Table of Cases. Furthermore, the book contains a list of selected documents and an extensive bibliography, covering the Community practice from the 1960s up to the present. And last but not least, the accessibility of the book is greatly enhanced by a subject index. This book will be of interest to practitioners in EU Law, International Law and the Law of International Organizations as well as to specialists who work for the Foreign Office in different countries and specialists within International Organizations. Delano Ruben Verwey is an Assistant Professor of the Law of the European Union, Erasmus University Rotterdam, The Netherlands.
The Transformation Of Eu Treaty Making
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Author : Dermot Hodson
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-09
The Transformation Of Eu Treaty Making written by Dermot Hodson 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 2018-08-09 with Law categories.
Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.
The Oxford Guide To Treaties
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Author : Duncan B. Hollis
language : en
Publisher: Oxford University Press
Release Date : 2012-08-09
The Oxford Guide To Treaties written by Duncan B. Hollis 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 2012-08-09 with Law categories.
Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
The Constitution Of Europe
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Author : Joseph Weiler
language : en
Publisher: Cambridge University Press
Release Date : 1999-02-25
The Constitution Of Europe written by Joseph Weiler 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 1999-02-25 with Law categories.
Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
Harold In Italien
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Author : Jörg Polakiewicz
language : en
Publisher: Council of Europe
Release Date : 1999-01-01
Harold In Italien written by Jörg Polakiewicz and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Political Science categories.
Analyzes procedures for treaty-making & treaty application in the Council of Europe
Of Mixity And Double Hatting
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Author : Pieter Jan Kuijper
language : en
Publisher: Amsterdam University Press
Release Date : 2008
Of Mixity And Double Hatting written by Pieter Jan Kuijper and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with European Union countries categories.
Annotation. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056295363.
European Union
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Author : Jeremy Richardson
language : en
Publisher: Routledge
Release Date : 2006-01-16
European Union written by Jeremy Richardson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-16 with Law categories.
This best-selling book delivers a comprehensive introduction to the policy-making processes at work in the European Union. Written by some of the leading authorities in the field, this new edition has been significantly improved to make it even more accessible for second and third year undergraduates. Addressing some of the more contentious areas in order to stimulate students interest, this book also continues to cover the vital elements of EU courses including: theory history institutions policy relations with member states external relations enlargement. A companion website also supports this edition, with a clear guide to more technical material such as statistics, as well as regular updates. This volume is essential reading for all students of politics and the European Union.
Division Of Powers In European Union Law
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Author : Theodore Konstadinides
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Division Of Powers In European Union Law written by Theodore Konstadinides 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 2009-01-01 with Law categories.
The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionands decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the andcompetence provisionsand in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityands legislative competence; areas where andcreeping competenceand occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful andcoreand Europe and a andmulti-speedand Europe of pacesetters and laggards. Addressing numerous crucial issues and among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionands andinstitutional dynamicand of cooperation and consensus and the author lucidly describes a seeming paradox: an andever-closer unionand, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.