Download or read book Justice Contained written by Lisa J. Conant and published by Cornell University Press. This book was released on 2018-10-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Download or read book Centralized Enforcement Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU.
Download or read book European Union Law written by Margot Horspool and published by Oxford University Press, USA. This book was released on 2006 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'European Union Law' provides students with a clear understanding of the law of the EU and the fundamental principles that support it. Essential information is provided in a user-friendly format to facilitate learning and understanding of this key discipline.
Download or read book European Union Negotiations written by Ole Elgström and published by Routledge. This book was released on 2004-08-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU negotiations differ from traditional international negotiations in several respects and this book presents a detailed analysis of the processes while examining its distinguishing features.
Download or read book States and Regions in the European Union written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2002 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the impact of Europeanization on domestic politics and the relationship between states and regions.
Download or read book The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law written by Levente Borzsák and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.
Download or read book The Principle of Legal Certainty in EC Law written by J. Raitio and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
Download or read book Governance of Integrated Product Policy written by Dirk Scheer and published by Routledge. This book was released on 2017-09-08 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: European policy patterns are in a state of transformation. New governance models are shifting power away from states and toward the involvement of all stakeholders and the idea of shared responsibility. It's a move from command and control to push and pull. What's in this new approach for the environment? This book provides a detailed analysis of the example of integrated product policy (IPP) which aims to improve the environmental performance of products and services through their life-cycle. All products cause environmental degradation in some way, whether from their manufacturing, use or disposal. The life-cycle of a product is often long and complicated. It covers all the areas from the extraction of natural resources, through their design, manufacture, assembly, marketing, distribution, sale and use to their eventual disposal as waste. At the same time it also involves many different actors such as designers, manufacturers, marketers, retailers and consumers. IPP attempts to systematically stimulate each phase of this complicated chain to improve its environmental performance. With the involvement of so many different products and actors there cannot be one simple policy measure for everything. Instead, IPP employs a whole variety of tools – both voluntary and mandatory – which are used to achieve identified objectives. These include economic instruments, the phase-out of dangerous materials, voluntary agreements, eco-labelling and product design guidelines. IPP is still in relative infancy and can be seen as an ongoing process hugely dependent on effective governance measures to ensure its continued success. This book presents a plethora of perspectives from policy-makers, researchers and consultancies, representatives from business, environmental and consumer associations on how to effectively conceptualise, institutionalise and implement IPP. The book is divided into four parts. First, the approach to the governance of IPP is examined in relation to other approaches to sustainable production and consumption. Second, the widely differing approaches to environmental product policy in practice at national, supranational and global level are analysed. Third, the book explores the challenge of designing a coherent policy mix to support the integration of sustainable consumption and production patterns by sector and theme. Finally, the book concentrates on the key issue of how to involve stakeholders in IPP in order to encourage continuous innovations for sustainability throughout the value chain. Governance of Integrated Product Policy aims to fill a clear gap in work to date on sustainable production and consumption by providing researchers and practitioners from politics, business and civil society new insights into modern environmental governance in practice.
Download or read book Judicial Review in European Union Law Essays in Honour of Lord Slynn written by Gordon Slynn Baron Slynn of Hadley and published by Kluwer Law International B.V.. This book was released on 2000-06-14 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradigm in Judicial Review
Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.
Download or read book Broberg and Fenger on Preliminary References to the European Court of Justice written by Morten Broberg and published by Oxford University Press. This book was released on 2021-03-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
Download or read book Preliminary References to the European Court of Justice written by Morten Broberg and published by OUP Oxford. This book was released on 2014-03-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Download or read book New Environmental Policy Instruments in the European Union written by Ian Bailey and published by Routledge. This book was released on 2017-07-05 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of legislation by EU governments to define environmental standards for industry has been criticised for its poor track record in arresting the decline in the quality of Europe's environment. Environmental economists in particular have proposed that legislation should be supplemented or replaced by New Environmental Policy Instruments (NEPIs), such as eco-taxes, environmental charges, tradable permits and voluntary agreements. This book focuses on practical experiences with NEPIs in the EU and tests their application using the case study of the Packaging and Packaging Waste Directive. It traces the ways in which member states have adapted NEPIs to suit their preferred styles of environmental policy, then assesses their performance and how NEPIs have both assisted and hindered the EU environmental programme. It suggests options for ensuring that the environmental programme does not become fragmented by the use of NEPIs and discusses the implications of EU enlargement.
Download or read book Bulletin of the European Union written by and published by . This book was released on 2000 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Governance and Supranational Institutions written by Jonas Tallberg and published by Routledge. This book was released on 2004-03 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the influence of the European Commission and the European Court of Justice in the political and legal enforcement of member state compliance in the EU. The authors show how the EU's supranational institutions have played an independent role in the creation of a European enforcement system that is exceptionally effective compared to that of other international organizations.
Download or read book Non compliance in the European Union written by Tanja A. Börzel and published by . This book was released on 2001 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulatory Reform and Competitiveness in Europe Horizontal issues written by Giampaolo Galli and published by Edward Elgar Publishing. This book was released on 2000-01-01 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the book the authors aim to show how the market can function more efficiently and offer policy recommendations to show how regulatory reform can improve competitiveness at the firm level as well as performance at the industry, national and EU levels.
