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Author: Susanne K. Schmidt Publisher: Oxford University Press ISBN: 0198717776 Category : Law Languages : en Pages : 311
Book Description
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
Author: Renaud Dehousse Publisher: Palgrave Macmillan ISBN: 9780312215101 Category : Political Science Languages : en Pages : 227
Book Description
This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.
Author: Adam Lazowski Publisher: Edward Elgar Publishing ISBN: 1782544747 Category : Law Languages : en Pages : 520
Book Description
Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.
Author: Sionaidh Douglas-Scott Publisher: Edward Elgar Publishing ISBN: 1782546405 Category : Languages : en Pages : 576
Book Description
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Author: Morten Broberg Publisher: Oxford University Press ISBN: 019870402X Category : Law Languages : en Pages : 578
Book Description
This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.
Author: Ziegler, Katja S. Publisher: Edward Elgar Publishing ISBN: 1784712388 Category : Political Science Languages : en Pages : 656
Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Mikael Rask Madsen
Author: Mikael Rask Madsen
Author: Susanne K. Schmidt
Author: William Phelan
Author: Renaud Dehousse
Author: Marc Jacob
Author: Adam Lazowski
Author: Sionaidh Douglas-Scott
Author: Morten Broberg
Author: H Rasmussen
Author: Ziegler, Katja S.