Download or read book Parliamentary Transposition of EU Legislation in Bulgaria and Romania written by Ron Böhler and published by GRIN Verlag. This book was released on 2017-09-28 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Politics - Topic: European Union, grade: 1.7, Humboldt-University of Berlin, language: English, abstract: This essay is a comparative study of transposition records of EU directives in the case of Bulgaria and Romania in the years following EU accession in 2007. It will also consider the role the respective national parliament has played. It thereby closes an empirical gap in contemporary researches on the topic. First, this study will review the academic literature on the roles that national parliaments in CEE countries have played after the collapse of the Soviet Union with special reference to transition efforts of these countries. Bulgaria’s and Romania’s cases will be further sketched out. Afterwards, the methodology for evaluating national parliament’s involvement in the transposition of EU directives will be outlined, before turning the attention to the comparative analysis of the two case studies. The transposition of EU regulations into national legislation is at the heart of the European integration project as this step of the policy process provides for the congruence and non-discrimination of domestic policies among European Union (EU) member states. Compliance with supranational law shall guarantee state practice to common standards within a Union marked by economic disequilibria and political idiosyncracies of each country. Indeed, empirical studies have revealed that timely transposition of EU directives vary across member countries as well as policy areas. More generally, the transposition of EU law within a fixed deadline is positively correlated to central national preferences and run rather smoothly in issue areas of secondary importance to relevant state actors. In countries of Central and Eastern Europe (CEE) however it has been argued that EU accession would lead to some kind of ‘compliance fatigue’ once the intended goal of EU membership has been reached.

Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Download or read book Constitutional Crisis in the European Constitutional Area written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Download or read book EU Criminal Law after Lisbon written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Download or read book Common Legal Framework for Takeover Bids in Europe Volume 1 written by Dirk Van Gerven and published by Cambridge University Press. This book was released on 2008-11-27 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Council Directive of 21 April 2004 on takeover bids sets forth the general principles applicable to takeover bids and clarifies certain minimum rules with respect to the procedure for a takeover bid, the obligation to make a mandatory bid in the event a minimum threshold is crossed and the majority shareholder's squeeze-out right as well as the minority shareholders' sell-out right. Furthermore, the Directive defines the authority which is competent to approve offer documents and supervise takeover bids, and provides for optional restrictions on the actions of the target company's management and on defence mechanisms. This book discusses the Takeover Directive and its implementing rules in each Member State of the European Union and the European Economic Area, providing companies and their advisors with useful insight into the legal framework and principles applicable to takeover bids in the region.

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-02-27 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyze 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, the series 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 began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.

Download or read book Central and Eastern Europe in the EU written by Christian Schweiger and published by Routledge. This book was released on 2018-05-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the onset of the global financial crisis in 2008, the EU has been in almost permanent crisis mode. It is witnessing new dimensions of internal differentiation among its member states, and the migration crisis has shown that the Central and Eastern European countries (CEEs) in particular are slowly but certainly transforming themselves from predominantly passive policy-takers towards becoming more active players in the process of shaping the EU’s governance agenda. This edited volume offers the first comprehensive and critical insight into how the CEEs position themselves in the EU’s changing internal and external environment, their stance towards the European integration process under current crisis conditions, and what political and economic strategies they prioritize.

Download or read book Europeanization of Environmental Policies and their Limitations written by Arpad Todor and published by Springer Nature. This book was released on 2021-05-13 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a window into the mechanisms that drive events when countries with poor track records in environmental protection and low administrative capacity, join an organisation with ambitious environmental regulatory regimes, which include some of the highest environmental protections standards in the world. This book examines the institutional building capacity in Romania after two decades of the development of the EU's environmental policy on elaboration, transposition, implementation, monitoring and institutional building. The book examines how Romania has fared as one of the least environmentally friendly EU member states, and poses the following questions. What are the limits of Europeanisation in the area of public policies? What is the reason why, despite the overwhelming public interest in environmental issues, and widespread agreement that urgent action to protect the environment and prevent catastrophic climate change are paramount, the pace of achieving the goals is remains slow. Why do policies fail? This book brings together several case studies focusing on the evolution of environmental policies in Romania over the last twenty years, with a special focus on the post-accession period (2007 onwards). The book provides an analysis of policies, where progress is less than satisfactory, and examines why this is the case.

Download or read book Better Regulation Practices across the European Union written by OECD and published by OECD Publishing. This book was released on 2019-03-19 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...

Download or read book The Harmonization of Civil and Commercial Law in Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-10-10 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration.Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Download or read book The Enforcement of EU Financial Law written by Jan Crijns and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.

Download or read book National Parliaments after the Lisbon Treaty and the Euro Crisis written by Davor Jancic and published by Oxford University Press. This book was released on 2017-04-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integration: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

Download or read book EU Enlargement and the Failure of Conditionality written by Dimitry Kochenov and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

Download or read book Renegotiating Authority in EU Energy and Climate Policy written by Anna Herranz-Surrallés and published by Routledge. This book was released on 2021-09-30 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of multiple crises, EU Energy and Climate policy is often identied as one of the few areas still exhibiting strong integration dynamics. However, this domain is not exempt from contestation and re-nationalization pressures. This collection seeks to understand those contradictory integration and disintegration tendencies by problematizing the notion of authority: When, why, and by whom is EU authority in Energy and Climate policy conferred and contested? What strategies are used to manage authority conflicts and to what effect? These questions are examined in some of the knottiest aspects of EU energy and climate policy, for example, the adoption of the landmark Governance of the Energy Union Regulation, the long-drawn-out attempts to complete the EU’s internal energy market, the struggle to achieve ambitious EU targets in renewable energy and energy efficiency beyond 2020, the blurring of economic and security instruments in external energy policy, or the heated discussions over the Nord Stream 2 gas pipeline. The chapters in this book were originally published as a special issue of the Journal of European Integration.

Download or read book Buying Defence and Security in Europe written by Martin Trybus and published by Cambridge University Press. This book was released on 2014-10-13 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buying Defence and Security in Europe is the first critical evaluation of the EU Defence and Security Procurement Directive 2009/81/EC, which is now the basis for public and private entities buying armaments and sensitive goods and services in the EU. This instrument aims to ensure non-discrimination, competition and transparency in the security sectors. Part one provides a critical analysis of the economical, historical, political, military-strategic and legal contexts of the new EU Defence and Security Procurement Directive. Part two covers the main aspects of the Directive: its scope, procedures, security of supply and information, offsets and subcontracting, and finally its review and remedies system. This book is an essential overview of a legislative milestone in the field.

Download or read book Confronting Antisemitism in Modern Media the Legal and Political Worlds written by Armin Lange and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-05-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume documents the transformation of age-old antisemitic stereotypes into a new form of discrimination, often called "New Antisemitism" or "Antisemitism 2.0." Manifestations of antisemitism in political, legal, media and other contexts are reflected on theoretically and contemporary developments are analyzed with a special focus on online hatred. The volume points to the need for a globally coordinated approach on the political and legal levels, as well as with regard to the modern media, to effectively combat modern antisemitism.

Download or read book Business Law written by Ewan MacIntyre and published by Pearson UK. This book was released on 2018-02-22 with total page 1465 pages. Available in PDF, EPUB and Kindle. Book excerpt: MacIntyre’s Business Law is the foremost text for non-law students seeking an understanding of the legal principles that apply to business. Each chapter begins with a clear outline of the topics to be covered, helping you break your learning down into manageable chunks and fully grasp all aspects of the subject. In addition, the text offers key points to guide your learning and tasks to help you apply what you have learned to business situations. Each chapter ends with a series of multiple-choice questions and a selection of in-depth problem questions. A Lecturer’s Guide, made available to lecturers who adopt the book, provides suggested answers to all of the multiple-choice and problem questions.