The EFTA Court
The EFTA Court

Author: Carl Baudenbacher

Publisher: Hart Publishing

Published: 2005-08

Total Pages: 240

ISBN-13:

DOWNLOAD EBOOK

This book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.

The Brussels Effect
The Brussels Effect

Author: Anu Bradford

Publisher: Oxford University Press

Published: 2020-01-27

Total Pages: 425

ISBN-13: 0190088591

DOWNLOAD EBOOK

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Multilevel Constitutionalism for Multilevel Governance of Public Goods
Multilevel Constitutionalism for Multilevel Governance of Public Goods

Author: Ernst Ulrich Petersmann

Publisher: Bloomsbury Publishing

Published: 2017-01-12

Total Pages: 415

ISBN-13: 1509909060

DOWNLOAD EBOOK

This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.

EU and EEA Law Litigation Before National Courts
EU and EEA Law Litigation Before National Courts

Author: Zsófia Varga

Publisher: Bloomsbury Publishing

Published: 2024-03-07

Total Pages: 535

ISBN-13: 1509964916

DOWNLOAD EBOOK

This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.

Rethinking Nordic Courts
Rethinking Nordic Courts

Author: Laura Ervo

Publisher: Springer Nature

Published: 2021-08-01

Total Pages: 311

ISBN-13: 3030748510

DOWNLOAD EBOOK

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

The National Judicial Treatment of the ECHR and EU Laws
The National Judicial Treatment of the ECHR and EU Laws

Author: Giuseppe Martinico

Publisher: Europa Law Publishing

Published: 2010

Total Pages: 532

ISBN-13: 9789089520692

DOWNLOAD EBOOK

Have national judges started treating the provisions of the European Convention on Human Rights the same way they treat the EC law's norms? In order to answer this question, the editors of this book included scholars from the countries that are members both of the EU and the Council of Europe. The book collects the proceeding of an international conference held January 16-17, 2010, at the Scuola Superiore Sant'Anna of Pisa.

The European Union's Non-Members
The European Union's Non-Members

Author: Erik Oddvar Eriksen

Publisher: Routledge

Published: 2015-06-03

Total Pages: 264

ISBN-13: 1317613945

DOWNLOAD EBOOK

The EU is a supranational organization, whose reach and influence extends well beyond its member states, especially to the many states that have signed various forms of association agreement with it. This book asks whether qualifying states who have eschewed EU membership experience negative effects on their legal and political self-governing abilities, or whether they manage their independence with few such effects. It explores the idea that the closer the affiliation a non-member state has with the EU, the more susceptible to hegemony the relationship appears to be. In addition, the book provides an overview of the total range of agreements the EU has with non-member states. This text will be of key interest to scholars and students of in EU/European studies, Scandinavian studies, European and comparative politics, international relations, and democratization studies.