Download or read book The Enforcement of EU Law written by Stine Andersen and published by Oxford University Press. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.
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 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 The Effectiveness of the K bler Liability in National Courts written by Zsófia Varga and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
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 Altered States written by Andrew P. Cortell and published by Lexington Books. This book was released on 2003 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging dominant assumptions in international relations, Altered States demonstrates that national political institutions change more frequently--and less dramatically--than is commonly thought and with important consequences for the political landscape. Combining theory with solid empirical research--including archival evidence and interviews--the contributors explore the causes and consequences of institutional transformation in the United States, Western and Eastern Europe, Russia and the former Soviet Republics, and Cuba. Altered States highlights the dynamic and interactive relationship between national political institutions and reform-minded policy entrepreneurs, a perspective that will interest scholars and policy makers alike.
Download or read book Constitutional Administrative Law written by Hilaire Barnett and published by Routledge. This book was released on 2011-05-30 with total page 1017 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional and Administrative Law (Public Law) is a dynamic and challenging area of law which has an impact on all of our lives. Whenever a government is elected, a new piece of legislation is passed or a citizen’s rights are abused, it is Public Law which provides the legal framework within which government and administration functions. Hilaire Barnett’s classic textbook equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major rules and principles of public law, as well as ongoing constitutional reform. Having undergone a rigorous editing process to offer a more concise account of public law today, contemporary developments covered in this edition include the UK's first coalition government for nearly 60 years, and recent proposals to introduce fixed-term parliaments and electoral reform. Key learning features include: introductory chapter overviews outlining the topics and concepts covered; short chapter summaries to distil and reflect upon the main points raised; marginal cross-references which help students to recognise connections across topics; a comprehensive companion website, featuring enhanced coverage and a pathway for further study across a variety of topics Mapped to the common course outline, this textbook offers full coverage of the Public Law syllabus. Written in a clear and understandable style, Constitutional and Administrative Law is an invaluable resource for every student of Public Law.
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
Download or read book European Union Environmental Law written by Peter G.G. Davies and published by Routledge. This book was released on 2017-07-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides analysis and discussion on the following key issues in EU environmental law: environmental competence, principles and objectives, implementation and enforcement, nature protection, impact assessment, trade and the environment, waste management, climate change and the EU. An accessible work for all students of the subject both academic or professional.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by OUP Oxford. This book was released on 2015-07-23 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book General Report on the Activities of the European Union written by Commission of the European Communities and published by . This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Shaping of Environmental Policy in France written by Joseph Szarka and published by Berghahn Books. This book was released on 2002 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on an extensive range of political, legal and sociological materials, the author presents and evaluates environmental policy-making in France at a time when environmental problems are growing in complexity and gravity. He highlights the range of inputs to the policy process - including popular movements, green parties, interest group representation, EU legislation and international treaties - and evaluates the diverse nature of the outcomes which lead him to conclude that because new developments involve not only changes in policy content but also adaptation of policy style, environmental demands are progressively changing the shape of politics itself.
Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018-03-23 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Download or read book Civil Society and Legitimate European Governance written by Stijn Smismans and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.
Download or read book The Quest for Environmental Regulatory Integration in the European Union written by Eberhard Bohne and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate from both empirical and normative perspectives the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levelsand¿provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administraand¬tive, and judicial systems which provide the framework for environand¬mental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and evaluation of national deficiencies and the extent of muddling through. The empirical part of Dr Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.
Download or read book The Acte Clair in EC Direct Tax Law written by Ana Paula Dourado and published by IBFD. This book was released on 2008 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the legal issues arising from the search for certainty in the relationship between Community law and direct tax law. In addition, it contains an in-depth analysis of the CILFIT doctrine in action and its demand for legal certainty. By looking at both how the case law of the European Court of Justice (ECJ) in the area of direct taxation fits the CILFIT criteria (ECJ, 6 October 1982, case 283/81, Srl CILFIT and Gavardo SpA), and how such criteria are complied with by national courts, the book reviews and discusses the application in the field of direct taxation of the criteria put forward by the ECJ. The book highlights some of the current challenges faced by the EU judicial system in view of the expansion of EU law and its decentralized application at national level.
Download or read book Drafting Legislation written by Helen Xanthaki and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
