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 The Rule of Law s Anatomy in the EU written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.

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 Landmark Decisions of the ECJ in Direct Taxation written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2015-10-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every professional dealing with taxation in the European Union will greatly appreciate this extraordinarily useful book. Based on a high-level conference held at the University of Luxembourg in 2014, the book presents detailed expert summaries and analyses of landmark ECJ decisions in direct taxation, each case a starting point for the development of a specific doctrine. The depth of the analysis, as each author charts a way through the nuances of the Court's arguments, allows the reader to gain an unparalleled understanding of changes in the relevant subsequent jurisprudence. The fundamental issues covered are the following: - taxation of non-residents in the EU context; - implications of EU fundamental freedoms in the income tax systems of the Member States; - outbound and inbound dividend taxation; - taxation of permanent establishments; - restrictions on freedom of establishment; - tax treatment of corporate exit; - abuse of taxpayers' rights; - cohesion of the tax system as an overriding factor in the public interest; - juridical double taxation arising from the exercise of overlapping powers of two or more States; - free movement of capital and third countries; and - tax treatment of non-profit organizations in the cross-border context. The book as a whole offers an incomparable critical assessment of the strengths and weaknesses of the Court's reasoning and its path through the complex field of crossborder income taxation, particularly in the area of the compatibility of national tax legislation with the fundamental freedoms, which continues to be a powerful driver for changes to existing tax laws. For legal academics, this is a unique and fundamental source of essential information and analysis. Crucially, although valuable as a 'snapshot' of the current state of EU tax law, this book will remain relevant for practitioners and policymakers as jurisprudence continues to develop over the years to come.

Download or read book Infringement Proceedings in EU Law written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.

Download or read book Thirty second Report of Session 2012 13 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2013-02-25 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Edward and Lane on European Union Law written by David A. O. Edward and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Faced with the challenge of studying EU law, students and other interested parties need guidance and accessible materials. Despite the ground clearing of the Lisbon Treaty, the terrain is still not properly mapped. Edward and Lane's completely rewritten book provides just what's needed. Clear, comprehensible and comprehensive, it will be an important port of call for anyone trying to figure out key aspects of the EU's ever burgeoning legal order.' - Jo Shaw, University of Edinburgh, UK A comprehensively updated and expanded new edition of a classic text, this authoritative volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. Importantly, the book incorporates the Treaty of Lisbon reorientation and immediate post-Lisbon developments. Throughout the book there is extensive reference to primary sources (Treaty, legislation, case law) and to issues of national adaptation which, together, bring a depth of understanding and analysis to this increasingly complex discipline.

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by . This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation, the European Union has expanded beyond all expectations; this 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. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise 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 summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.

Download or read book International Organizations and Implementation written by Jutta Joachim and published by Routledge. This book was released on 2007-11-19 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume assesses the impact of international organizations in the implementation of internationally agreed policies.

Download or read book The Mechanisms of Institutional Conflict in the European Union written by Ludvig Norman and published by Routledge. This book was released on 2016-07-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: How institutional conflicts arise in international political orders and the conditions shaping the outcomes of such conflicts has become the object of considerable contemporary focus. This book considers the dynamics of institutional conflict and institutional change in international organizations, specifically focusing on the European Union, the most highly integrated international political order on the globe. In a world where political decision making increasingly takes place above the nation state level, it theorises the social mechanisms that lead to the point at which these tensions become explicit and the customary functioning of international political orders tips into outright conflict between different organizational entities. Taking a constructivist approach, it examines two in-depth case studies - in the field of Justice and Home Affairs (JHA) and the EU’s Common Foreign and Security Policy (CFSP) - to explain the dynamics of the processes that lead up to institutional conflicts and provide some explanation for their final outcomes. This text will be of key interest to fields of and European Integration, EU Politics and more broadly International Relations.

Download or read book Environmental Criminal Liability and Enforcement in European and International Law written by Ricardo Pereira and published by BRILL. This book was released on 2015-09-29 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.

Download or read book Wolf and Stanley on Environmental Law written by Susan Wolf and published by Routledge. This book was released on 2013-10-23 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and rapidly developing subject for the first time. The focus of the book is on the regulation and control of pollution and includes chapters on environmental permitting, waste management, air and water pollution and contaminated land. The book also includes the administration and enforcement of environmental law, EU environmental law, the environmental torts and the private regulation of environmental law. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; updates relating to the defence of statutory authority in the tort of private nuisance; and current issue relating to compliance with the Aarhus Convention Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject"--

Download or read book EU Legal Acts written by Marise Cremona and published by Oxford University Press. This book was released on 2018-02-08 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

Download or read book Transboundary Governance of Biodiversity written by Louis J. Kotzé and published by Martinus Nijhoff Publishers. This book was released on 2014-06-26 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transboundary Governance of Biodiversity compiles critical analysis of the regulatory frameworks applicable to the transboundary governance of biodiversity by specialists from Europe and Africa. Drawing on their vast experience as lawyers, political scientists and natural resource management experts, they provide a critique and contemporary perspectives on what has become one of the most challenging aspects of global environmental governance in the Anthropocene: effective biodiversity conservation in times of unprecedented environmetal crises. With a unique North-South focus and a legal focus infused by multi-disciplinary regulatory dimensions, this peer-reviewed publication offers a comprehensive analysis of international and regional environmental law frameworks applicable to the transboundary governance of biodiversity.

Download or read book Sixth report of session 2013 14 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by Stationery Office. This book was released on 2013-06-27 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Environmental Crime in Europe written by Andrew Farmer and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.