Download or read book Balancing Unity and Diversity in EU Legislation written by Ton van den Brink and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.

Download or read book Negotiating Unity and Diversity in the European Union written by Florian Bieber and published by Springer Nature. This book was released on 2020-10-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the European Union has been responding to the challenge of diversity. In doing so, it considers the EU as a complex polity that has found novel ways for accommodating diversity. Much of the literature on the EU seeks to identify it as a unique case of cooperation between states that moves past classic international cooperation. This volume argues that in order to understand the EU’s effort in managing the diversity among its members and citizens it is more effective to look at the EU as a state. While acknowledging that the EU lacks key aspects of statehood, the authors show that looking at the EU efforts to balance diversity and unity through the lens of state policy is a fruitful way to understand the Union. Instead of conceptualising the EU as being incomparable and unique which is neither an international organisation nor a state, the book argues that EU can be understood as a polity that shares many approaches and strategies with complex and diverse states. As such, its effort to build political structures to accommodate diversity offers lessons to other such polities. The experience of the EU contributes to the understanding of how states and other polities can respond to challenges of diversity, including both the diversity of constituent units or of sub-national groups and identities.

Download or read book Language and Culture in EU Law written by Susan Šarčević and published by Routledge. This book was released on 2016-03-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

Download or read book The Needed Balances in EU Criminal Law written by Chloé Brière and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018-02-23 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

Download or read book Integration through Law Revisited written by Daniel Augenstein and published by Routledge. This book was released on 2016-05-23 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

Download or read book Policy within and through law written by J. De Bruyne and published by Maklu. This book was released on 2015-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.

Download or read book Brexit Language Policy and Linguistic Diversity written by Diarmait Mac Giolla Chríost and published by Springer. This book was released on 2018-05-08 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Brexit will wholly re-shape the legal framework and public policy norms relating to linguistic diversity that have dominated public life in the UK and the EU since the Treaty on European Union in 1993. First, Brexit de-anchors the linguistic actors engaged with sub-state nationalisms in the UK (in Northern Ireland, Wales and Scotland) from the ethno-linguistic imaginary of the so-called ‘Europe of the regions’. This strengthens the case both for the de jure recognition of English as the official language of the UK and for embedding autochthonous minority language rights and freedoms in a transformed UK constitution. Second, Brexit strengthens the normative case for English as the lingua franca of the EU, by reducing the injustices associated with the rise of English as the EU and global lingua franca. The book will appeal to students and scholars across the fields of political science, political theory, law, language policy and planning, and sociolinguistics.

Download or read book Structural Principles in EU External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Maja Sahadžić and published by Taylor & Francis. This book was released on 2023-07-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Download or read book Judicial Authority in EU Internal Market Law written by Vilija Velyvyte and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023

Download or read book Law and Values in the European Union written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016-05-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

Download or read book Federalism in the European Union written by Elke Cloots and published by Bloomsbury Publishing. This book was released on 2012-09-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Download or read book The Emergence of EU Contract Law written by Lucinda Miller and published by Oxford University Press. This book was released on 2011-09-22 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.

Download or read book Balancing between Trade and Risk written by Marjolein B. A. van Asselt and published by Routledge. This book was released on 2013-03-05 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade aspects of risk and the risk aspects of trade deserve more systematic and genuine interdisciplinary attention if we are to really understand the global, international and supranational dimensions of risk regulation. This book brings together legal and social science research on risk regulation from across the world to explore risk regulation in a trade context. The interdisciplinary collaboration provided in this book is needed to address the trade versus risk balancing act both in empirical and theoretical terms. Although it is obvious that legal, social, cultural and political matters interfere with risk regulation, analyses in which these interferences are adequately considered are lacking. In one way or another, all chapters in this book address the issue of scientific uncertainty, the governance arrangements around expertise or both. Issues such as transparency, trust, legitimacy and precaution also become particularly important given the political, multi-actor and multi-level governance characteristics of the balancing act between trade and risk regulation. This book highlights and examines these concerns, going on to provide a critical assessment of the EU regulation of trade and risk both from external and internal perspectives. This book’s exploration of the balancing act between trade and risk regulation will be increasingly important to students of law and social sciences as they move to a shared, interdisciplinary understanding.

Download or read book Public Law in a Troubled Era written by Katarzyna Gromek-Broc and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations. In this book of edited essays, many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings: Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance; Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery; Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals; and New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution. The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance. This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.

Download or read book A European Social Union after the Crisis written by Frank Vandenbroucke and published by Cambridge University Press. This book was released on 2017-08-24 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.