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: 371

ISBN-13: 1782256741

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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.

Uniformity of Customs Administration in the European Union
Uniformity of Customs Administration in the European Union

Author: Kathrin Limbach

Publisher:

Published: 2015

Total Pages: 340

ISBN-13: 9781782256755

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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 EU'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."--Résumé de l'éditeur.

Specialized Administrative Law of the European Union
Specialized Administrative Law of the European Union

Author: Herwig Hofmann

Publisher:

Published: 2018

Total Pages: 785

ISBN-13: 019878743X

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This edited collection would offer a companion volume to the volume co-authored by the same team, 'Administrative Law and Policy of the European Union', clarifying and examining the administrative law applicable to different sectors of EU Law.

Legitimate expectations in Luxembourg tax law
Legitimate expectations in Luxembourg tax law

Author: Fatima Chaouche

Publisher: Éditions Larcier

Published: 2019-06-25

Total Pages: 489

ISBN-13: 280791666X

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This book is the result of a 4-year research project conducted at the Faculty of Law of the University of Luxembourg. It explores the legal value and enforceability of tax circulars and tax rulings in Luxembourg domestic law in light of the principle of legitimate expectations and related principles. After studying the historical roots of both interpretative acts, this research questions the level of protection taxpayers enjoy when relying on circulars and tax rulings and contains a review of decades of administrative case-law to assess the judicial discourse on taxpayers’ rights to certainty. This book further investigates the case of circulars and tax rulings that contain interpretations of tax laws that are contrary to the law (contra legem) and builds upon the existing normative framework to introduce proposals addressing issues of uncertainty and inequality taxpayers are likely to suffer when relying on such interpretative acts. Prix Pierre Pescatore de la Faculté de Droit de Luxembourg (École doctorale de droit).

The International Responsibility of the European Union
The International Responsibility of the European Union

Author: Andrés Delgado Casteleiro

Publisher: Cambridge University Press

Published: 2016-09-15

Total Pages: 279

ISBN-13: 1316785181

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When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organizations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.

Judging Composite Decision-Making
Judging Composite Decision-Making

Author: Filipe Brito Bastos

Publisher: Bloomsbury Publishing

Published: 2024-11-14

Total Pages: 287

ISBN-13: 150998044X

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This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.

The European Union’s External Action in Times of Crisis
The European Union’s External Action in Times of Crisis

Author: Piet Eeckhout

Publisher: Bloomsbury Publishing

Published: 2016-12-01

Total Pages: 621

ISBN-13: 150990056X

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The Lisbon Treaty modified the legal framework of EU external action and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgement in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership.

Law and Practices of Delegated Rulemaking by the European Commission
Law and Practices of Delegated Rulemaking by the European Commission

Author: Zamira Xhaferri

Publisher: BRILL

Published: 2023-01-16

Total Pages: 384

ISBN-13: 9004523529

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This book first provides a critical analysis of the legal framework that governs the delegation of rulemaking powers to the European Commission. Second, it explores how the framework that governs such a delegation of powers to the Commission operates in the food and health policy domain.

Exceptions from EU Free Movement Law
Exceptions from EU Free Movement Law

Author: Panos Koutrakos

Publisher: Bloomsbury Publishing

Published: 2016-12-15

Total Pages: 366

ISBN-13: 1509900357

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This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.