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 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 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 European Union written by Jeremy Richardson and published by Routledge. This book was released on 2015-02-23 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key textbook for undergraduate and postgraduate students of contemporary European politics, European Union: Power and policy-making 4th edition offers a comprehensive and accessible analysis of the European Union policy process. Intended to advance understanding of the EU as a now mature and ongoing policy system, this book addresses the central issues relating to the distribution of power and influence in the European Union including: Theoretical perspectives The roles of key institutions in the processing of policy problems Different channels of representation The EU as a policy-making state Written by a distinguished group of international scholars, this new edition will also appeal to the worldwide community of researchers on the EU. New to this edition: New chapters on The Politics of Multispeed Europe, The Distribution of Power Among Institutions, EU Agencies, Covert Integration in the European Union, and Political Representation and Democracy in the EU. New authors and theoretical approaches on many topics such as differentiated integration, opt-outs and multi-speed integration, negotiation and coalition building, the interplay of judicial and legislative policy-making, power distribution, agency behaviour, integration by subterfuge, the democratic deficit fully updated data and content throughout Jeremy Richardson is joined by a co-editor, Professor Sonia Mazey, for the fourth expanded edition of this highly regarded textbook on the EU. Jeremy Richardson is an Emeritus Fellow at Nuffield College, Oxford, UK, and Adjunct Professor at the National Centre for Research on Europe, University of Canterbury, New Zealand. He is also Founder and Co-editor of the Journal of European Public Policy Sonia Mazey is a Professor and Pro-Vice-Chancellor of the College of Business and Law, University of Canterbury, New Zealand and formally a Fellow of Keble College, Oxford, UK
Download or read book Cases and Materials on EU Law written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2014-06-19 with total page 1227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This market-leading text combines clear explanation, expert analysis and a wide range of materials to make it required reading.
Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
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 Delivering on Promises written by Lauren J. Peritz and published by University of Chicago Press. This book was released on 2022-11-29 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Despite their formal independence from international authority, states have created rules of behavior, particularly governing international economic relations, and international tribunals that are empowered to enforce them. Just how effective are these institutions? In Delivering on Promises Lauren Peritz demonstrates that these international courts do indeed deliver results-but they are only effective under certain conditions. States are more likely to fail to comply with international rules and decisions when domestic industries have the political ability to effectively oppose compliance in particular cases. The author evaluates her argument with an extensive empirical analysis tracing the domestic politics of compliance with the decisions of two international economic courts, the WTO Dispute Settlement Mechanism, and the Court of Justice of the European Union (ECJ) which focuses on trade disputes within the EU. At a time when international agreements and cooperation have come under attack by politicians such as Donald Trump and others, this is a timely investigation into the conditions that make international agreements and the institutions enforcing them vulnerable"--
Download or read book Centralised 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 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Download or read book The End of Territoriality written by Andreas J. Obermaier and published by Routledge. This book was released on 2016-03-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through analyzing the implementation of a series of European Court of Justice rulings in the key member states of Germany, France and the UK, The End of Territoriality brings the high impact issue of policy changes to the foreground. The time sequencing of such changes is traced and scrutinized through a detailed investigation by Obermaier, followed by a comprehensive illustration on the full impact the policy amendments have had on the welfare states. By drawing extensively on original sources and new material, this volume will be of key interest to those studying and working within social policy, welfare, political sociology, and European law.
Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1999.
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 Dispute Settlement Reports 2006 Volume 5 Pages 1755 2244 written by World Trade Organization and published by Cambridge University Press. This book was released on 2008-02-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authorized, paginated WTO Dispute Settlement Reports in English: cases for 2006.
Download or read book The History of the European Migration Regime written by Emmanuel Comte and published by Routledge. This book was released on 2017-08-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Second World War, the international migration regime in Europe took a course different from the global migration regime and the migration regimes in other regions of the world. Cumbersome and arbitrary administrative practices prevailed in the late 1940s in most parts of Europe. The gradual implementation of regulations for the free movement of people within the European Community, European citizenship, and the internal and external dimensions of the Schengen agreements profoundly transformed the European migration regime. These instruments produced a regional regime in Europe with an unparalleled degree of intraregional openness and an unparalleled degree of closure towards migrants from outside Europe. This book relies on national and international archives to explain how German strategies during the Cold War shaped the openness of that original regime. This migration regime helped Germany to create a stable international order in Western Europe after the war, conducive to German Reunification and supported German economic expansion. The book embraces the whole period of development of this regime, from 1947 through 1992. It deals with all types of migrants between and towards European countries: unskilled labourers, skilled professionals, self-employed workers, and migrant workers’ family members, examining both their access to economic activity and their social and political rights.
