Dynamiques Juridiques Européennes


Book Description

This book gathers together contributions from thirty-two former and current professors who have, through their teaching in the Legal Studies Department at the College of Europe, enhanced the College's reputation as an authentic European academic postgraduate centre of excellence. Within their areas of specialisation the authors analyse both the evolution of European law over the years and more specific questions. The contributions cover institutional/constitutional law, judicial remedies, the law governing the internal market and its accompanying politics, competition law, and the law of the Union's external relations. Cet ouvrage rassemble les contributions de trente-deux professeurs, anciens et actuels, du département d'études juridiques européennes du Collège d'Europe. Par leur enseignement, ceux-ci ont assuré à cette institution, originale par sa dimension européenne, sa reconnaissance en tant que centre académique post-universitaire d'excellence. Les auteurs analysent, chacun dans sa spécialité, l'évolution du droit européen ou des questions plus particulières. Les contributions couvrent ainsi le droit institutionnel/constitutionnel, le contentieux, le droit du marché intérieur et de ses politiques d'accompagnement, le droit de la concurrence et le droit des relations extérieures de l'Union européenne.




EU Values Before the Court of Justice


Book Description

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.




The Effectiveness of the Köbler Liability in National Courts


Book Description

Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.




The European Union in the World


Book Description

The European Union in the World: Essays in Honour of Marc Maresceau provides a unique overview of state-of-the-art academic research in the rapidly developing area of EU external relations law from renowned academics and practitioners. The book is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law. For many years, Prof. Maresceau has been a pioneer in EU enlargement and neighbourhood studies. In honour of his inestimable contribution to the field, editors Inge Govaere, Erwan Lannon, Peter Van Elsuwege, and Stanislas Adam have compiled contributions devoted to the following wide range of topics: i) the legal-institutional framework of EU external action ii) the external policies of the EU iii) the EU’s bilateral relations with third countries iv) the enlargement of the European Union v) the European Neighbourhood Policy With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists. Academics, scholars and practitioners of EU law will find a seminal new work in The European Union in the World: Essays in Honour of Marc Maresceau.




The External Dimension of the EU’s Policy against Trafficking in Human Beings


Book Description

This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU's external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU's response to human trafficking.




Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011


Book Description

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.




The EU Internal Market in Comparative Perspective


Book Description

The European Union's internal market is the «hard core» of integration and by far its most precious asset. However a number of deep-seated factors have impeded the development of a systematic and wide-ranging academic research programme dedicated to the internal market. The purpose of this book is to begin to address this predicament with a tri-disciplinary analysis of the internal market, as scant opportunities for mutual understanding and learning across disciplines (law, economics and politics) currently exist. Internal market scholars from all three disciplines collaborated on this project, in which each chapter was read and critiqued by a scholar from a different discipline. The editors trust that this unique exercise reveals to many readers the enormous potential for in-depth and continuous analysis of the internal market and all that it entails. It also provides an accessible text for students and scholars from all three disciplines interested in the internal market.




The European Union and Southeastern Europe


Book Description

This strategy-oriented analysis is based on an interdisciplinary approach, with clear emphasis on economic issues, such as global, EU-related and intra-regional trade, foreign direct investments, labour market, migration, and financial transfers




The Emerging Autonomous Legal Order of the Eurasian Economic Union


Book Description

An original systematic assessment of the legal order of the Eurasian Economic Union, examining it as another iteration of post-Soviet integration.




The Institutional Dimension of the European Union's Area of Freedom, Security and Justice


Book Description

Since the Treaty of Amsterdam the European Union's area of freedom, security and justice has become one of the most dynamic and fastest expanding European policy-making domains. This book brings out the dynamics of institutional change and their impact on policy-making.