The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.
Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
The Cambridge Yearbook of European Legal Studies provides a new forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which.
After Stalin's death, during a respite in Cold War tensions in 1955, Austria managed to rid itself of a quadripartite occupation regime and become a neutral state. As the Cold War continued, Austria's policy of neutrality helped make this small country into an important mediator of East-West differences, and neutrality became a crucial part of Austria's postwar identity. In the post-Cold War era Austrian neutrality seems to demand redefinition. The work addresses such issues as what neutrality means when Austria's neighbors are joining NATO? What is the difference between Austrian neutrality in 1955 and 2000? In remaining apart from NATO, do Austrian elites risk their nation's national security? Is Austria a "free rider," too stingy to contribute to Western defense? Has the neutralist mentalit become such a crucial part of Austrian postwar identity that its abandonment will threaten civil society? These questions are addressed in this latest in the prestigious Contemporary Austrian Studies series. The volume emerged from the Wittgenstein Research Center project on "Discourse, Politics, and Identity," an interdisciplinary investigation of the meaning of Austrian neutrality. The first two chapters analyze the current meaning of Austrian neutrality. Karin Liebhart records narrative interviews with former presidents Rudolf Kirchschlger and Kurt Waldheim, both central political actors present at the creation and implementation of Austria's postwar neutrality. Gertraud Benke and Ruth Wodak provide in-depth analysis of a debate on Austrian National Television on "NATO and Neutrality," a microcosm of Austrian popular opinion that exposed all positions and ideological preferences on neutrality. The historian Oliver Rathkolb surveys international perceptions of Austrian neutrality over the past half-century. For comparative contrast David Irwin and John Wilson apply Foucault's theoretical framework to the history and debates on neutrality in Ireland. Political scientists Heinz Grtner and Paul Luif provide examples of how Austrian neutrality has been handled in the past and today. Michael Gehler analyzes Austria's response to the Hungarian crisis of 1956 and Klaus Eisterer reviews the Austrian legation's handling of the 1968 Czechoslovak crisis. Gnter Bischof is professor of history and executive director of Center Austria at the University of New Orleans. Anton Pelinka is professor of political science at the University of Innsbruck and director of the Institute of Conflict Research in Vienna. Ruth Wodak is professor in the linguistics department at the University of Vienna and director of the research center "Discourse, Politics, Identity" at the Austrian Academy of Science.
First published in 1997, this volume examines the future development of the European Union (and Sweden’s role within it) which has been a subject of intense debate. Whilst to outside observers, the Swedish case may seem peripheral to mainstream events on the continental mainland due to the country’s status as a small state, Sweden will nevertheless have an important contribution to make to the future evolution of the European Union. The purpose of this book is to examine the complex inter-relationship between Sweden and European integration (1950-96). It introduces the concept of the ‘Swedish Diamond’ to explain why the country’s governing elite resisted and then went on to seek and attain full EU membership. The author also argues that a revised ‘Membership Diamond’ represents a useful conceptual framework for examining elite attitudes and perspectives now that Sweden is a full EU member. The book also includes a Foreword by the Swedish Defence Minister, Björn von Sydow.
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
