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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.
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.
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Few global security issues stimulate more fervent passion than the application of brute force. Despite the fierce debate raging about it in government, society and the Academy, inadequate strategic understanding surrounds the issue, prompting the urgent need for —the first comprehensive systematic global analysis of 21st century state-initiated internal and external applications of brute force. Based on extensive case evidence, Robert Mandel assesses the short-term and long-term, the local and global, the military, political, economic, and social, and the state and human security impacts of brute force. He explicitly isolates the conditions under which brute force works best and worst by highlighting force initiator and force target attributes linked to brute force success and common but low-impact force legitimacy concerns. Mandel comes to two major overarching conclusions. First, that the modern global application of brute force shows a pattern of futility—but one that is more a function of states' misapplication of brute force than of the inherent deficiencies of this instrument itself. Second, that the realm for successful application of state-initiated brute force is shrinking: for while state-initiated brute force can serve as a transitional short-run local military solution, he says, it cannot by itself provide a long-run global strategic solution or serve as a cure for human security problems. Taking the evidence and his conclusions together, Mandel provides policy advice for managing brute force use in the modern world.
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.
Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers? Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.
Weak or failed states - where no government is in control - are the source of many of the world's most serious problems, from poverty, AIDS and drugs to terrorism. What can be done to help? The problem of weak states and the need for state-building has existed for many years, but it has been urgent since September 11 and Afghanistan and Iraq. The formation of proper public institutions, such as an honest police force, uncorrupted courts, functioning schools and medical services and a strong civil service, is fraught with difficulties. We know how to help with resources, people and technology across borders, but state building requires methods that are not easily transported. The ability to create healthy states from nothing has suddenly risen to the top of the world agenda. State building has become a crucial matter of global security. In this hugely important book, Francis Fukuyama explains the concept of state-building and discusses the problems and causes of state weakness and its national and international effects.
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.