Between Compliance and Particularism
Between Compliance and Particularism

Author: Marton Varju

Publisher: Springer

Published: 2019-02-08

Total Pages: 347

ISBN-13: 3030057828

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The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Between Compliance and Particularism
Between Compliance and Particularism

Author: Marton Varju

Publisher: Springer

Published: 2019-03-17

Total Pages: 338

ISBN-13: 9783030057817

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The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Population and Politics
Population and Politics

Author: John Gerring

Publisher: Cambridge University Press

Published: 2020-05-28

Total Pages: 511

ISBN-13: 1108494137

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Analyzes scale effects across a range of political dimensions, encompassing different political levels using a multi-method approach.

The Evolving Governance of EU Competition Law in a Time of Disruptions
The Evolving Governance of EU Competition Law in a Time of Disruptions

Author: Carlo Maria Colombo

Publisher: Bloomsbury Publishing

Published: 2024-02-08

Total Pages: 360

ISBN-13: 1509951806

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This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Experimentalist Competition Law and the Regulation of Markets
Experimentalist Competition Law and the Regulation of Markets

Author: Yane Svetiev

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 290

ISBN-13: 1509910662

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This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

The Routledge Handbook on the International Dimension of Brexit
The Routledge Handbook on the International Dimension of Brexit

Author: Juan Santos Vara

Publisher: Routledge

Published: 2020-10-29

Total Pages: 356

ISBN-13: 1000214346

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This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU–UK relations within the context of both EU and international law. Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit. The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British Politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Author: Martin Belov

Publisher: Bloomsbury Publishing

Published: 2018-05-31

Total Pages: 335

ISBN-13: 1509914900

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Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

Environmental Liability and the Interplay between EU Law and International Law
Environmental Liability and the Interplay between EU Law and International Law

Author: Emanuela Orlando

Publisher: Routledge

Published: 2023-07-24

Total Pages: 253

ISBN-13: 1317385969

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The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

EU External Relations Law
EU External Relations Law

Author: Ramses A Wessel

Publisher: Bloomsbury Publishing

Published: 2020-04-02

Total Pages: 561

ISBN-13: 1509926747

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The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.

Law, Regulation and Governance in the Information Society
Law, Regulation and Governance in the Information Society

Author: Maurizio Borghi

Publisher: Taylor & Francis

Published: 2022-12-30

Total Pages: 370

ISBN-13: 1000830357

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This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. This book addresses these interests, considering them as relating primarily to the integrity of the informational ecosystem, to the accessibility, accuracy, and authenticity of public information, and to our individual ability to control the outward and inward flows of information that relates directly to ourselves. Covering a wide range of subjects, the book’s interrogation of our contemporary information society is oriented around two questions: first, whether the information society in which we live is the kind of society that we think it should be and, second, if not, what we can reasonably expect law, regulation, and governance to do in providing the basis for improving it. This book will be of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society.