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European Union Public Law

European Union Public Law
Author: Damian Chalmers
Publisher: Cambridge University Press
Total Pages: 465
Release: 2007-09-24
Genre: Law
ISBN: 1139467220

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Since its publication in 2006, European Union Law has quickly established itself as one of the leading textbooks in the field, providing the student with both a comprehensive text and collection of materials. European Union Public Law brings together those sections of the title which look at the constitutional and institutional law of the EU, making it ideal for students undertaking a more focused study of the Union. Its proven successful combination of a highly accessible style, a 'law in context' approach which looks at the law in its wider political and social context and collection of interdisciplinary materials make this an essential text for those students concerned with the institutional and political workings of the Union. European public law students, European studies students and politics students will find this text invaluable, at both undergraduate and postgraduate level.


The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State
Author: Sabino Cassese
Publisher: Oxford University Press
Total Pages: 900
Release: 2017-07-25
Genre: Reference
ISBN: 0191039829

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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
Total Pages: 1456
Release: 2018-09-28
Genre: Law
ISBN: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.


The Max Planck Handbooks in European Public Law

The Max Planck Handbooks in European Public Law
Author: Armin von Bogdandy
Publisher: Oxford University Press
Total Pages: 977
Release: 2020-03-12
Genre: Law
ISBN: 0191039853

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The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.


Europeanisation of Public Law

Europeanisation of Public Law
Author: Jacobine Elisabeth Brink
Publisher:
Total Pages: 0
Release: 2015
Genre: Administrative law
ISBN: 9789089521279

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The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]


Can the European Court of Human Rights Shape European Public Order?

Can the European Court of Human Rights Shape European Public Order?
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
Total Pages: 251
Release: 2021-12-02
Genre: Law
ISBN: 1108752349

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In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.


European Public Law

European Public Law
Author: Patrick Birkinshaw
Publisher:
Total Pages: 0
Release: 2014
Genre: International and municipal law
ISBN: 9789041147448

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European integration has been most successful at a legal level and European influences have left an indelible mark on English and United Kingdom Public Law. These influences must be fully understood by students, academics and practitioners if they are to understand our public law and its future direction. To fail to appreciate the European context in which our domestic law is developing is to fail to comprehend our public law. This completely revised book, which was first published in 2003, examines the debate surrounding the influence of European Union and European Convention law, as well as the influence of national laws on the public law of the United Kingdom in a thematic and analytical manner. The book examines what influence the common law has extended on other European legal systems. The book seeks to unravel the mutual influence brought about by closer legal integration within the European experience at supra-national, national and sub-national levels. This book will prove to be an invaluable guide to the ever developing European context of our domestic public law. This new edition comes at a time of growing political disenchantment with European integration, at a time when the Union is growing in size and diversity and at a time when failure in consensus has led to non-Union measures for member states. Nonetheless, Europe has profoundly influenced our national legal development and that development must be understood. Patrick Birkinshaw is a Professor of Public Law and the Director of the Institute of European Public Law at the University of Hull. Since 1994 he has been Editor in Chief of the journal European Public Law (published by Kluwer Law International). He has been a contributor and adviser to various House of Commons and House of Lords Select Committees on European and domestic legal subjects. He is the author most recently of Freedom of Information: the Law, the Practice and the Ideal (4th edition (2010)), Government and Information: The Law Relating to Access, Disclosure and their Regulation (4th edition (2011) with Mike Varney) and The European Union Legal Order after Lisbon ((2010) edited with Mike Varney).


Towards a European Public Law

Towards a European Public Law
Author: Bernard Stirn
Publisher: Oxford University Press
Total Pages: 225
Release: 2017
Genre: Law
ISBN: 0198789505

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A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.


European Public Law

European Public Law
Author: Patrick J. Birkinshaw
Publisher: Kluwer Law International B.V.
Total Pages: 616
Release: 2020-01-23
Genre: Law
ISBN: 9041198016

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The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.


International Law and the European Union

International Law and the European Union
Author: Jed Odermatt
Publisher: Cambridge University Press
Total Pages: 273
Release: 2021-10-21
Genre: Law
ISBN: 1108841996

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International Law and the European Union addresses the public international law issues that arise from the European Union's international action.