EU Environmental Law and the Internal Market

EU Environmental Law and the Internal Market

Author: Nicolas de Sadeleer

Publisher: OUP Oxford

Published: 2014-01-09

Total Pages: 2992

ISBN-13: 0191663514

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For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.


Justice Contained

Justice Contained

Author: Lisa J. Conant

Publisher: Cornell University Press

Published: 2018-10-18

Total Pages: 272

ISBN-13: 1501722646

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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.


Reconciling Work and Family Life in EU Law and Policy

Reconciling Work and Family Life in EU Law and Policy

Author: A. Masselot

Publisher: Springer

Published: 2010-01-20

Total Pages: 208

ISBN-13: 0230246680

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Since its timid introduction onto the EC agenda in 1974, reconciliation of work and family life has developed into a fully-articulated principle. This book explores this journey and its implications for the EC legal order and society. It argues that as reconciliation issues continue to evolve they require constant reassessment.


Asset Management Standards

Asset Management Standards

Author: Otto Loistl

Publisher: Springer

Published: 2016-01-12

Total Pages: 291

ISBN-13: 1403946051

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Asset management standards are crucial for building trust between investors and capital market experts. The issue of corporate governance has been thrown into the spotlight by the disastrous collapse of Enron and the implications for the industry. The proposed standards are relevant for the entire fund industry, regulators, providers of pension plans and portfolio managers. Produced in association with the European Federation of Financial Analysts Societies, this book aims to provide a well-founded basis for development of the content of asset management standards in the UK, the US and the EU. It contains a detailed overview of the current position, outlines planned developments and discusses underlying problems.


Immigration and Asylum Law and Policy of the European Union

Immigration and Asylum Law and Policy of the European Union

Author: Kay Hailbronner

Publisher: BRILL

Published: 2024-01-22

Total Pages: 584

ISBN-13: 9004482628

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The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force. Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.


EC Employment Law

EC Employment Law

Author: Catherine Barnard

Publisher: Oxford University Press, USA

Published: 2006

Total Pages: 938

ISBN-13: 0199280029

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'EC Employment Law' provides a thorough and authoritative guide to EC law on employment, within a social and economic context. Extensive coverage is given of complex equality caselaw and legislation, and many issues not covered elsewhere are examined.


Rising Above the Gathering Storm

Rising Above the Gathering Storm

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2007-03-08

Total Pages: 590

ISBN-13: 0309100399

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In a world where advanced knowledge is widespread and low-cost labor is readily available, U.S. advantages in the marketplace and in science and technology have begun to erode. A comprehensive and coordinated federal effort is urgently needed to bolster U.S. competitiveness and pre-eminence in these areas. This congressionally requested report by a pre-eminent committee makes four recommendations along with 20 implementation actions that federal policy-makers should take to create high-quality jobs and focus new science and technology efforts on meeting the nation's needs, especially in the area of clean, affordable energy: 1) Increase America's talent pool by vastly improving K-12 mathematics and science education; 2) Sustain and strengthen the nation's commitment to long-term basic research; 3) Develop, recruit, and retain top students, scientists, and engineers from both the U.S. and abroad; and 4) Ensure that the United States is the premier place in the world for innovation. Some actions will involve changing existing laws, while others will require financial support that would come from reallocating existing budgets or increasing them. Rising Above the Gathering Storm will be of great interest to federal and state government agencies, educators and schools, public decision makers, research sponsors, regulatory analysts, and scholars.