Legislative Authority and Interpretation in the European Union

Legislative Authority and Interpretation in the European Union

Author: Martijn van den Brink

Publisher: Oxford University Press

Published: 2024-07-16

Total Pages: 273

ISBN-13: 0198900104

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Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.


EU Administrative Law

EU Administrative Law

Author: Paul Craig

Publisher: Oxford University Press

Published: 2018-10-25

Total Pages: 994

ISBN-13: 0192567454

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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.


Administrative Law and Policy of the European Union

Administrative Law and Policy of the European Union

Author: Herwig C. H. Hofmann

Publisher: Oxford University Press

Published: 2011-10-27

Total Pages: 1064

ISBN-13: 019162201X

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Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.


The European Union

The European Union

Author: Dean J. Kotlowski

Publisher: Ohio University Press

Published: 2000

Total Pages: 250

ISBN-13: 0821413317

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Contains 14 essays, drawn from the lectures of the Baker Conference at Ohio University, exploring the European Union from its launch by French statesman Jean Monnet in 1950 to recent EU economic and security developments. Contributors include North American and European scholars of law, history, economics, and comparative literature. Annotation copyrighted by Book News Inc., Portland, OR


Uniformity of Customs Administration in the European Union

Uniformity of Customs Administration in the European Union

Author: Kathrin Limbach

Publisher: Bloomsbury Publishing

Published: 2015-11-19

Total Pages: 308

ISBN-13: 1782256733

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Uniform customs administration is of great importance for the EU and the competitiveness of EU businesses in global trade. However, the EU's so-called executive federalism raises the potential for the non-uniform application of EU customs law. This problem has already arisen in the European Communities – Selected Customs Matters WTO dispute settlement. Therefore, the central research question of this book concerns the challenge presented to executive federalism in the EU Customs Union by the WTO. It also examines those safeguard measures for uniform customs administration which are in operation. Valuable empirical analysis of the decision-making procedures and practices of the national customs authorities allows for the fullest understanding of the operation of the customs administration. An important feature of the exploration is its analysis of the reform of EU customs law and of the effectiveness of the European Union's strategies to enhance uniform customs administration. That analysis helps to identify potential weak points in the decentralised administration of EU customs law and suggests ways in which it might be improved. Scholarly, rigorous and timely, this important study will be required reading for all scholars of EU customs law.


Judicial Authority in EU Internal Market Law

Judicial Authority in EU Internal Market Law

Author: Vilija Velyvyte

Publisher: Bloomsbury Publishing

Published: 2022-11-17

Total Pages: 309

ISBN-13: 1509939008

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This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023


Blackstone's EU Treaties & Legislation 2020-2021

Blackstone's EU Treaties & Legislation 2020-2021

Author: Nigel G. Foster

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 751

ISBN-13: 019886101X

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Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, they remain first-choice for students and lecturers, providing a careful selection of all the up-to-date legislation needed for exams and course use.


The ABC of European Union Law

The ABC of European Union Law

Author: Klaus-Dieter Borchardt

Publisher: Office for Official Publications of the European Communities

Published: 2010

Total Pages: 140

ISBN-13:

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Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.


Rule of Law, Common Values, and Illiberal Constitutionalism

Rule of Law, Common Values, and Illiberal Constitutionalism

Author: Tímea Drinóczi

Publisher: Routledge

Published: 2020-09-08

Total Pages: 166

ISBN-13: 1000172430

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This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.


Core EU Legislation 2022-23

Core EU Legislation 2022-23

Author: Paul Drury

Publisher: Bloomsbury Publishing

Published: 2022-08-11

Total Pages: 769

ISBN-13: 1509960422

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Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.