Le droit de l'intégration
Author :
Publisher :
Page : 100 pages
File Size : 13,58 MB
Release : 2005
Category :
ISBN :
Author :
Publisher :
Page : 100 pages
File Size : 13,58 MB
Release : 2005
Category :
ISBN :
Author : Armin von Bogdandy
Publisher : Oxford University Press
Page : 337 pages
File Size : 44,94 MB
Release : 2024-03-06
Category : Law
ISBN : 0198909365
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.
Author : Pierre Pescatore
Publisher :
Page : 99 pages
File Size : 38,83 MB
Release : 1972
Category :
ISBN :
Author : Julio Baquero Cruz
Publisher : Oxford University Press
Page : 219 pages
File Size : 35,8 MB
Release : 2018-08-09
Category : Law
ISBN : 0192566369
Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.
Author : Enzo Cannizzaro
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 47,1 MB
Release : 2011-10-28
Category : Law
ISBN : 9004188576
With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.
Author : Georges Abi-Saab
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 48,34 MB
Release : 2019-09-05
Category : Law
ISBN : 1509929894
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author : Ami Barav
Publisher : Bruylant
Page : 498 pages
File Size : 42,23 MB
Release : 2017-11-08
Category : Law
ISBN : 280275985X
The potency of the law in fostering the process of gradual European integration is easily discernable and widely acknowledged. It is largely and conspicuously revealed by the litigation before the courts of, both, the European Union and its Member States. The concern faithfully to give the European treaty the authentic meaning and scope as intended by its authors permeates the European courts’ judgments, and the constant theme of the entitlement of those vested with rights conferred by the law of the European Union to effective judicial protection is omnipresent in their decisions. The law of European integration has been uncharted territory. The novelty of various issues which have arisen and on which the courts have had to pronounce springs from the originality of the integration venture and is commensurate with its uniqueness, distinctive nature and specific exigencies. The writings here assembled allow to trace the starting point since the inceptive formative years of the growth of a legal doctrine and an evolving jurisprudential edifice in several areas, to appraise their direction and constancy and to assay adjustments and adaptations.
Author : Ferdinand J.M. Feldbrugge
Publisher : BRILL
Page : 230 pages
File Size : 23,59 MB
Release : 2021-10-25
Category : Law
ISBN : 9004480005
The states of Central and Eastern Europe have, to different extents and with varying levels of success, engaged in the transition from authoritarian rule. The (re-) construction of democratic, law-based governance has turned out to be a lengthy and - at times - frustrating process. The agenda for post-communist reform contains many entries, yet a transition-blue-print is not available. The papers collected in this volume explore the implications of the transition process in various areas. While not all aspects of post-communist law are covered, several crucial issues receive an in-depth treatment. These are: the development of (supra-) governmental systems, the procuracy, minority rights, contract law, land ownership and industrial property rights. Displaying remarkable scholarly as well as practical legal expertise, the various contributors to this volume illustrate the problems in, and the potential of, these policy areas.
Author : EFTA Court
Publisher : Bloomsbury Publishing
Page : 461 pages
File Size : 38,93 MB
Release : 2024-08-08
Category : Law
ISBN : 1509968822
The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.
Author : Harri Kalimo
Publisher : Martinus Nijhoff Publishers
Page : 775 pages
File Size : 15,43 MB
Release : 2006-06-20
Category : Law
ISBN : 1571053565
Provides insight into recycling legislation and its relationship with trade law, explaining numerous environmental policy tools, such as producer responsibility. Examines the relationship between international trade and environmental protection. Uses a case study of electronic recycling and a comparative law approach to clarify the evolving law of the European Community and the United States.