Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.

Download or read book Volume I The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-24 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the 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, it 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 begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-09-24 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Download or read book The Administrative State written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.

Download or read book Normative Pluralism and Human Rights written by Kyriaki Topidi and published by Routledge. This book was released on 2018-06-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Download or read book European Democratic Institutions and Administrations written by Francesco Merloni and published by Springer. This book was released on 2018-09-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.

Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press, USA. This book was released on 2021-02-17 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.

Download or read book The Right of Access to Public Information written by Hermann-Josef Blanke and published by Springer. This book was released on 2018-06-04 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparative study on access to public information in the context of the main legal orders worldwide(inter alia China,France,Germany,Japan,Russia,Sweden,United States).The international team of authors analyzes the Transparency- and Freedom-to-Information legislation with regard to the scope of the right to access, limitations of this right inherent in the respective national laws, the procedure, the relationship with domestic legislation on administrative procedure, as well as judicial protection. It particularly focuses on the Brazilian law establishing the right of access to information, which is interpreted as a benchmark for regulations in other Latin-American states.

Download or read book The Impact of Foreign Interventions on Democracy and Human Rights written by Ana Magdalena Figueroa and published by Emerald Group Publishing. This book was released on 2022-01-28 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Foreign Interventions on Democracy and Human Rights provides holistic studies exploring the relationship between military and economic interventions and the policies, methods, intentions, and consequences of the various American, French, and Chinese interventions in the case studies they present.

Download or read book Economic Governance in Europe written by Federico Fabbrini and published by Oxford University Press. This book was released on 2016-01-28 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.​

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 Canada from the Outside in Le Canada Vu D ailleurs written by Pierre Anctil and published by Peter Lang. This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected papers presented at the International Council for Canadian Studies biennial conference held May 25-27, 2005.

Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Download or read book Regulating the Collaborative Economy in the European Union Digital Single Market written by Marco Inglese and published by Springer Nature. This book was released on 2019-11-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.

Download or read book International Law and the Protection of Humanity written by Pia Acconci and published by Martinus Nijhoff Publishers. This book was released on 2016-11-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.

Download or read book Dictionary of Statuses within EU Law written by Antonio Bartolini and published by Springer. This book was released on 2019-01-05 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?