The Limits of Legal Reasoning and the European Court of Justice


Book Description

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.




The Limits of Legal Reasoning and the European Court of Justice


Book Description

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.




The Oxford Handbook of European Union Law


Book Description

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.




The Legal Reasoning of the European Court of Justice


Book Description

Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.







Great Judgments of the European Court of Justice


Book Description

Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.




Cultural Heritage in the European Union


Book Description

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.




The European Court of Justice


Book Description

This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.




How to Measure the Quality of Judicial Reasoning


Book Description

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.




The Greatest Possible Freedom


Book Description

3 Social security Aggregation and apportionment ; Niemann and Petroni ; Other aggregation ; Aggregation and third states ; Social security v. social assistance ; Definitions and scope ; Personal scope ; Family ; Unemployment ; Sickness ; Non-discrimination and residence ; One legislation ; Transition and technicalities ; 4 Services ; III The 1980s ; 1 Workers ; Advantages ; Educational advantages ; Maintenance grants ; Family members ; Derogations ; No violation of non-discrimination ; Diploma recognition ; The Ankara Agreement ; Enlargement.