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Institutional Dynamics of European Integration is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume will certainly refine legal understanding of the European Union in its present complex phase of development, it also constitutes a warm personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.
Des Iran/US Claims Tribunals.
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
The fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; End of chapter recommended reading lists to encourage and facilitate further research; End of chapter problem and essay questions testing the students’ ability to apply what they have learnt; Cross-references to show how topics are interrelated; and A map identifying EU Member States, candidate States; and, potential candidate States. The book’s companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
Member States of the European Union combines geographic and thematic coverage to provide a comprehensive and nuanced overview of the building blocks of the European Union - its member states. The third edition explores the key concepts of statehood and Europeanization, analysing the wide-ranging impact of Europeanization on member state institutions, political parties, social movements, public policy and the European political economy. New coverage includes state responses to the refugee and climate crises and two new chapters dedicated to Bulgaria and Greece. A fully-updated chapter on the United Kingdom illustrates the tensions between Europeanization and member statehood, exploring the implications of the UK's vote to leave the EU. It is the ideal text for all those studying EU Politics with an interest in the member states of the European Union and how they work together.
In this important book eighteen of Europe's most respected jurists and legal scholars look at long-term developments in Community and Union law with a view to shedding light on the current situation and pointing out lessons for the future. They consider major Community law themes as they have developed over the past four decades in institutional and substantive contexts, as well as in such newer areas of development as external relations, economic and monetary union, and the Third Pillar. Starting from the absolute centrality of the Common Market to the European Community enterprise, the authors provide many reminders of how the current situation evolved. Their detailed root analyses of past experiences explore origins, patterns, and implications from the initial concept of market access, through laws relating to individual rights, to such complexities as the 'bottom-up' emergence of constitutional principles. They show that, whether we will in fact soon see a European constitution or not, there is little doubt today that EC law is undergoing what may be best understood as a process of constitutionalization. Seventeen insightful essays give deeper meaning to many events, principles, and issues which have had far-reaching implications for European integration, including the following: the crucial principles made clear by the ECJ in Van Gend andamp; Loos in 1963; the place of fundamental rights in a supranational legal order; tensions to be resolved through political and legal means; exclusive, shared and supporting competences; the gradual rise of principles such as subsidiarity and proportionality; the precautionary principle; the legitimacy and authority of the ECJ; the extent to which fundamental freedoms have become fundamental rights; the procedural rules of European competition policy enforcement; state aid under EC Treaty Article 87(1); the case for harmonization of private law; social policy and equal treatment; institutional balance; the EU as global actor; the evolution of the EU Charter of Fundamental Rights; and the Constitutional Treaty. ; ; ; ; The European Union is a dynamic legal order, and continues to face myriad challenges and dilemmas as it expands its membership and considers a European constitution. This concentrated summary of the most important issues in forty years of legal developments reveals both the lasting triumphs along the way and the gaps that require urgent attention if the legitimacy of the Union is not to be impaired. Participants in European law and government, from citizens and students to the highest levels of policy making, will find here an invaluable resource for the future and much food for thought. These articles were first presented at a conference held at the end of 2003 to mark the 40th anniversary of the Common Market Law Review, and were originally published in a special issue of the Review.
A very timely and topical volume concerned with the impact of the Lisbon Treaty on the European Union’s (EU) capacity to further develop a distinctive foreign policy in accordance with the various policy instruments necessary to fulfil its role as a global actor. This edited volume brings together a host of scholars in the fields of European Studies and International Relations whose contributions offer both innovative theoretical perspectives and new empirical insights. Overall, the book emphasizes the question of the EU’s evolving legitimacy and efficiency as a foreign policy and diplomatic actor on the regional and global stage. This shared concern is clearly reflected in the book’s three-pronged structure: Part 1 - the EU a controversial global political actor in an emergent multipolar world with contributions from A.Gamble, M.Telò and J.Howorth; Part 2 - After the Lisbon Treaty: the Common Foreign and Security Policy and the European External Action Service, includes chapters from C.Lequesne, C.Carta and H.Mayer; Part 3 - R.Gillespie, F.Ponjaert, G.Grevi, Z.Chen, H.Nakamura and U.Salma Bava assess the CFSP and the EU’s external relations in action. Foreword by S.E.M P. Vimont. As a result, the book is a useful and relevant contribution to European Union studies and International Relations’ research and teaching. It offers any interested party informed and comprehensive insights into EU foreign policy at a time when it seeks to undertake an increased role in World affairs and this despite economic crisis.