Towards A European Public Law
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Towards A European Public Law
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Author : Bernard Stirn
language : en
Publisher: Oxford University Press
Release Date : 2017-04-28
Towards A European Public Law written by Bernard Stirn 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 2017-04-28 with Law categories.
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
European Public Law
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Author : Patrick J. Birkinshaw
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-23
European Public Law written by Patrick J. Birkinshaw 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 2020-01-23 with Law categories.
The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.
The Max Planck Handbooks In European Public Law Volume I The Administrative State
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Author : Sabino Cassese
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
The Max Planck Handbooks In European Public Law Volume I The Administrative State written by Sabino Cassese 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 2017-07-25 with Reference categories.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Europeanisation Of Public Law
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Author : Jacobine Elisabeth Brink
language : en
Publisher:
Release Date : 2015
Europeanisation Of Public Law written by Jacobine Elisabeth Brink and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Administrative law categories.
The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]
New Directions In European Public Law
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Author : Jack Beatson
language : en
Publisher: Bloomsbury Publishing
Release Date : 1998-01-01
New Directions In European Public Law written by Jack Beatson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Law categories.
This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.
European Union Public Law
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Author : Damian Chalmers
language : en
Publisher: Cambridge University Press
Release Date : 2007-09-24
European Union Public Law written by Damian Chalmers 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 2007-09-24 with Law categories.
Since its publication in 2006, European Union Law has quickly established itself as one of the leading textbooks in the field, providing the student with both a comprehensive text and collection of materials. European Union Public Law brings together those sections of the title which look at the constitutional and institutional law of the EU, making it ideal for students undertaking a more focused study of the Union. Its proven successful combination of a highly accessible style, a 'law in context' approach which looks at the law in its wider political and social context and collection of interdisciplinary materials make this an essential text for those students concerned with the institutional and political workings of the Union. European public law students, European studies students and politics students will find this text invaluable, at both undergraduate and postgraduate level.
European Public Law
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Author : Patrick Birkinshaw
language : en
Publisher:
Release Date : 2014
European Public Law written by Patrick Birkinshaw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with International and municipal law categories.
European integration has been most successful at a legal level and European influences have left an indelible mark on English and United Kingdom Public Law. These influences must be fully understood by students, academics and practitioners if they are to understand our public law and its future direction. To fail to appreciate the European context in which our domestic law is developing is to fail to comprehend our public law. This completely revised book, which was first published in 2003, examines the debate surrounding the influence of European Union and European Convention law, as well as the influence of national laws on the public law of the United Kingdom in a thematic and analytical manner. The book examines what influence the common law has extended on other European legal systems. The book seeks to unravel the mutual influence brought about by closer legal integration within the European experience at supra-national, national and sub-national levels. This book will prove to be an invaluable guide to the ever developing European context of our domestic public law. This new edition comes at a time of growing political disenchantment with European integration, at a time when the Union is growing in size and diversity and at a time when failure in consensus has led to non-Union measures for member states. Nonetheless, Europe has profoundly influenced our national legal development and that development must be understood. Patrick Birkinshaw is a Professor of Public Law and the Director of the Institute of European Public Law at the University of Hull. Since 1994 he has been Editor in Chief of the journal European Public Law (published by Kluwer Law International). He has been a contributor and adviser to various House of Commons and House of Lords Select Committees on European and domestic legal subjects. He is the author most recently of Freedom of Information: the Law, the Practice and the Ideal (4th edition (2010)), Government and Information: The Law Relating to Access, Disclosure and their Regulation (4th edition (2011) with Mike Varney) and The European Union Legal Order after Lisbon ((2010) edited with Mike Varney).
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.
Convergence And Divergence In European Public Law
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Author : Paul Beaumont
language : en
Publisher: Hart Publishing
Release Date : 2002-06-07
Convergence And Divergence In European Public Law written by Paul Beaumont and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-07 with Law categories.
This book examines the extent to which the EU has brought about and should bring about convergence of law in Europe.
European Union Public Law
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Author : Damian Chalmers
language : en
Publisher:
Release Date : 2020
European Union Public Law written by Damian Chalmers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Administrative procedure categories.