Development of Judicial Control of the European Communities

Development of Judicial Control of the European Communities

Author: Gerhard Bebr

Publisher: Springer

Published: 2013-12-01

Total Pages: 826

ISBN-13: 9401190194

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The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities

Author: Pieter Jan Kuijper

Publisher: Kluwer Law International B.V.

Published: 2018-09-28

Total Pages: 1251

ISBN-13: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.


The Seventh Member State

The Seventh Member State

Author: Megan Brown

Publisher: Harvard University Press

Published: 2022-04-19

Total Pages: 369

ISBN-13: 067427623X

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The surprising story of how Algeria joined and then left the postwar European Economic Community and what its past inclusion means for extracontinental membership in today’s European Union. On their face, the mid-1950s negotiations over European integration were aimed at securing unity in order to prevent violent conflict and boost economies emerging from the disaster of World War II. But French diplomats had other motives, too. From Africa to Southeast Asia, France’s empire was unraveling. France insisted that Algeria—the crown jewel of the empire and home to a nationalist movement then pleading its case to the United Nations—be included in the Treaty of Rome, which established the European Economic Community. The French hoped that Algeria’s involvement in the EEC would quell colonial unrest and confirm international agreement that Algeria was indeed French. French authorities harnessed Algeria’s legal status as an official département within the empire to claim that European trade regulations and labor rights should traverse the Mediterranean. Belgium, Italy, Luxembourg, the Netherlands, and West Germany conceded in order to move forward with the treaty, and Algeria entered a rights regime that allowed free movement of labor and guaranteed security for the families of migrant workers. Even after independence in 1962, Algeria remained part of the community, although its ongoing inclusion was a matter of debate. Still, Algeria’s membership continued until 1976, when a formal treaty removed it from the European community. The Seventh Member State combats understandings of Europe’s “natural” borders by emphasizing the extracontinental contours of the early union. The unification vision was never spatially limited, suggesting that contemporary arguments for geographic boundaries excluding Turkey and areas of Eastern Europe from the European Union must be seen as ahistorical.


Europe in Exile

Europe in Exile

Author: Martin Conway

Publisher: Berghahn Books

Published: 2001

Total Pages: 292

ISBN-13: 9781571815033

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During World War 2, London was transformed into a European city, as it unexpectedly became a place of refuge for many thousands of European citizens seeking refuge from military campaigns on the Continent of Europe.


European Communities

European Communities

Author: John Paxton

Publisher: Transaction Publishers

Published: 1992-01-01

Total Pages: 218

ISBN-13: 9781412822954

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The establishment of the European Economic Community in 1958 was one of the most remarkable developments in the history of the post-World War II era. It aimed for nothing less than a complete economic union so that goods, people, and capital would be able to pass over national boundaries of member countries as freely as they move within any one country. As the Community's target date of 1992 for economic integration draws closer, the need for information, both current and historical, becomes more urgent. The aim of this annotated bibliography is to create a critical and descriptive list of books published mainly in English for businessmen and analysts, combining older publications with new. The literature on the EC is vast and issues The Community itself nearly 3000 publications a year. The range of material covered in this volume is distinguished by its great scope. Historical sections provide listings on the postwar years of economic recovery, the development of the EC, and biographies of the leading personalities involved. Policy-oriented sections encompass such subjects as labor, transportation, environment, energy, and education. The political ramifications of economic union, financial and fiscal affairs, relations between the EC and the Third World, and foreign relations in general are dealt with in separate sections. The volume concludes with a listing of major European Community publications. The sheer bulk of published material on the EC, much of it duplication, has made keeping up with its developments difficult for small and medium in Europe and elsewhere. This invaluable sourcebook will provide the business community and the political establishments with better access to EC information as they grapple with the implications of 1992.


Europe in Exile

Europe in Exile

Author: Martin Conway

Publisher: Berghahn Books

Published: 2001-08-01

Total Pages: 288

ISBN-13: 1782389911

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During World War II, London was transformed into a European city, as it unexpectedly became a place of refuge for many thousands of European citizens who through choice or the accidents of war found themselves seeking refuge in Britain from the military campaigns on the Continent of Europe. In this volume, an international team of historians consider the exile groups from Belgium, France, the Netherlands, Poland, Norway and Czechoslovakia, analysing not merely the relations between the plethora of exile regimes and the British government in terms of its military and social dimensions but also the legacy of this period of exile for the politics of post-war Europe. Particular attention is paid to the Belgian exiles, the most numerous exile population in Britain during World War II.


A Community of Europeans?

A Community of Europeans?

Author: Thomas Risse

Publisher: Cornell University Press

Published: 2015-07-09

Total Pages: 304

ISBN-13: 0801459184

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In A Community of Europeans?, a thoughtful observer of the ongoing project of European integration evaluates the state of the art about European identity and European public spheres. Thomas Risse argues that integration has had profound and long-term effects on the citizens of EU countries, most of whom now have at least a secondary "European identity" to complement their national identities. Risse also claims that we can see the gradual emergence of transnational European communities of communication. Exploring the outlines of this European identity and of the communicative spaces, Risse sheds light on some pressing questions: What do "Europe" and "the EU" mean in the various public debates? How do European identities and transnational public spheres affect policymaking in the EU? And how do they matter in discussions about enlargement, particularly Turkish accession to the EU? What will be the consequences of the growing contestation and politicization of European affairs for European democracy? This focus on identity allows Risse to address the "democratic deficit" of the EU, the disparity between the level of decision making over increasingly relevant issues for peoples' lives (at the EU) and the level where politics plays itself out—in the member states. He argues that the EU's democratic deficit can only be tackled through politicization and that "debating Europe" might prove the only way to defend modern and cosmopolitan Europe against the increasingly forceful voices of Euroskepticism.


A Guide to the Official Publications of the European Communities

A Guide to the Official Publications of the European Communities

Author: John Jeffries

Publisher: London : Mansell ; New York : H.W. Wilson

Published: 1981

Total Pages: 370

ISBN-13:

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Publications of the European Communities. Commission - general publications. Commission - non - statistical publications. Eurostat - publications of the statistical office of hte European Communities. Council of ministers. European parliament. Court of justiceof the European Communities. Other bodies. Bibliographic aids. Addresses to which orders for publications should be sent. European documentation centres and depository libraries. Further reading on the European Communities.