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Author: Sacha Prechal
Publisher: Oxford University Press, USA
Published: 2008
Total Pages: 574
ISBN-13: 0199232466
DOWNLOAD EBOOKThis volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Author: Sacha Prechal
Publisher: OUP Oxford
Published: 2008-01-24
Total Pages: 580
ISBN-13: 0191552534
DOWNLOAD EBOOKThe EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.
Author: Niamh Nic Shuibhne
Publisher:
Published: 2013-08-29
Total Pages: 301
ISBN-13: 0199592950
DOWNLOAD EBOOKPresenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
Author: Wolf Sauter
Publisher: Oxford University Press
Published: 2016
Total Pages: 321
ISBN-13: 0198749155
DOWNLOAD EBOOKAn examination of how competition law maintains its coherence, this volume charts the historical development of the EU competition regime and its path to decentalized enforcement, as well as studying the coherence of the regime's goals, boundaries, rules, and exceptions.
Author: Bart Van Vooren
Publisher: Routledge
Published: 2012
Total Pages: 376
ISBN-13: 0415674662
DOWNLOAD EBOOKThis book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest 'grand' experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments.
Author: Julie Dickson
Publisher: OUP Oxford
Published: 2012-10-11
Total Pages: 668
ISBN-13: 0191652164
DOWNLOAD EBOOKThe supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Author: Peter Fitzpatrick
Publisher: Routledge
Published: 2019-01-04
Total Pages: 467
ISBN-13: 0429814550
DOWNLOAD EBOOKFirst published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.
Author: Elke Cloots
Publisher:
Published: 2015
Total Pages: 401
ISBN-13: 0198733763
DOWNLOAD EBOOKWith a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Author: Carlos Closa
Publisher: Cambridge University Press
Published: 2016-10-13
Total Pages: 357
ISBN-13: 1107108888
DOWNLOAD EBOOKThis book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Ana Juncos
Publisher: Manchester University Press
Published: 2015-11-01
Total Pages: 320
ISBN-13: 1526102420
DOWNLOAD EBOOKThis book represents the first ever comprehensive study of the EU’s foreign and security policy in Bosnia. Drawing on a wealth of fresh empirical material, it demonstrates that institutions are a key variable in explaining levels of common foreign security policy (CFSP) coherence and effectiveness over time. In doing so, it also sheds new light on the role that intergovernmental, bureaucratic and local political contestation have played in the formulation and implementation of a European foreign policy. The study concludes that the EU’s involvement in Bosnia has not only had a significant impact on this Balkan country in its path from stabilisation to integration, but has also transformed the EU, its foreign and security policy and shaped the development of the EU’s international identity along the way. The book will be of great interest to researchers and students of EU politics, International Relations and Bosnian politics.
