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| Author | : Walter Mattli |
| Publisher | : |
| Total Pages | : 64 |
| Release | : 1996 |
| Genre | : Courts |
| ISBN | : |
| Author | : N. MacCormick |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 169 |
| Release | : 2013-06-29 |
| Genre | : Law |
| ISBN | : 9401711526 |
Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
| Author | : Turkuler Isiksel |
| Publisher | : Oxford University Press |
| Total Pages | : 376 |
| Release | : 2016-05-26 |
| Genre | : Law |
| ISBN | : 0191076872 |
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
| Author | : Hans-W. Micklitz |
| Publisher | : Cambridge University Press |
| Total Pages | : 584 |
| Release | : 2005-07 |
| Genre | : Law |
| ISBN | : 9780521825160 |
Three case studies look into judicial co-operation between Member States and the ECJ.
| Author | : Alan Cafruny |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 320 |
| Release | : 2023-08-21 |
| Genre | : Political Science |
| ISBN | : 9004640312 |
During the last decade Europe has been transformed both politically and commercially. The establishment of a genuinely single marketplace in the context of an expanding membership has enabled the European Union greatly to enhance its role on the world stage. In the areas of trade and commercial policy the Union increasingly speaks with one voice. As a result of the Maastricht Treaty on Economic and Political Union of 1993, a process has been set in motion whereby the embryonic mechanisms of a common foreign policy (European Political Cooperation or EPC) are gradually evolving into a more comprehensive Common Foreign and Security Policy (CFSP). The contributors to this volume describe and evaluate the nature and extent to which the European Union plays an independent role in international affairs. This pioneering work makes an important contribution to the literature on the European Union since the chapters present a comprehensive picture of the Union's foreign economic policies and actions, its foreign security policy, and the supranational nature of much Union decision-making. The book is significant, not only because of its dual focus on economics as well as politics, but also because it comprehensively covers the broad range of Union policies in both the economic and political spheres. The intended level of readership is undergraduate courses on the EU and on European politics; upper level undergraduate courses in International Relations; and graduate survey courses on the EU. The book is sufficiently comprehensive and instructive to achieve a wide readership, especially in North America and the UK.
| Author | : Giuseppe Palmisano |
| Publisher | : Hotei Publishing |
| Total Pages | : 419 |
| Release | : 2015-03-31 |
| Genre | : Law |
| ISBN | : 9004291857 |
The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.
| Author | : Silvia Rainone |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 371 |
| Release | : 2023-05-17 |
| Genre | : Law |
| ISBN | : 9403530065 |
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
| Author | : Elina Paunio |
| Publisher | : Routledge |
| Total Pages | : 352 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317106350 |
How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
| Author | : Urszula Jaremba |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 437 |
| Release | : 2013-10-17 |
| Genre | : Law |
| ISBN | : 9004261478 |
National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
| Author | : Pedro Caro de Sousa |
| Publisher | : OUP Oxford |
| Total Pages | : 305 |
| Release | : 2015-04-23 |
| Genre | : Law |
| ISBN | : 0191043524 |
Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis. This external dimension - related to extra-legal factors that impact the law, such as the institutional environment in which the law is applied - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, and specifically EU law, than de-contextualized approaches allow for. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.
