Respect For The Rule Of Law In The Case Law Of The European Court Of Justice PDF Download
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Author | : Laurent Pech |
Publisher | : |
Total Pages | : 233 |
Release | : 2021 |
Genre | : |
ISBN | : 9789186107987 |
Download Respect for the Rule of Law in the Case Law of the European Court of Justice Book in PDF, ePub and Kindle
Author | : María Elósegui |
Publisher | : Springer Nature |
Total Pages | : 287 |
Release | : 2021-04-20 |
Genre | : Law |
ISBN | : 3030560015 |
Download The Rule of Law in Europe Book in PDF, ePub and Kindle
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Author | : Filipe Marques |
Publisher | : Springer Nature |
Total Pages | : 179 |
Release | : |
Genre | : |
ISBN | : 3031612655 |
Download Rule of Law in Europe Book in PDF, ePub and Kindle
Author | : Luigi Corrias |
Publisher | : Springer Science & Business Media |
Total Pages | : 181 |
Release | : 2011-04-14 |
Genre | : Philosophy |
ISBN | : 9400710348 |
Download The Passivity of Law Book in PDF, ePub and Kindle
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
Author | : Werner Schroeder |
Publisher | : Bloomsbury Publishing |
Total Pages | : 320 |
Release | : 2016-12-15 |
Genre | : Law |
ISBN | : 1849469490 |
Download Strengthening the Rule of Law in Europe Book in PDF, ePub and Kindle
Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
Author | : Carlos Closa |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2016-10-13 |
Genre | : Law |
ISBN | : 1107108888 |
Download Reinforcing Rule of Law Oversight in the European Union Book in PDF, ePub and Kindle
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author | : Francis G. Jacobs |
Publisher | : Cambridge University Press |
Total Pages | : 190 |
Release | : 2007-06-14 |
Genre | : Law |
ISBN | : 9780521703857 |
Download The Sovereignty of Law Book in PDF, ePub and Kindle
Author was formerly Advocate-General at the European Court of Justice in Luxembourg.
Author | : Susanne K. Schmidt |
Publisher | : Oxford University Press |
Total Pages | : 311 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198717776 |
Download The European Court of Justice and the Policy Process Book in PDF, ePub and Kindle
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 | : Armin von Bogdandy |
Publisher | : Springer Nature |
Total Pages | : 478 |
Release | : 2021-01-05 |
Genre | : Law |
ISBN | : 366262317X |
Download Defending Checks and Balances in EU Member States Book in PDF, ePub and Kindle
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author | : Geert De Baere |
Publisher | : Edward Elgar Publishing |
Total Pages | : 413 |
Release | : 2015-11-27 |
Genre | : Law |
ISBN | : 1783476621 |
Download The Contribution of International and Supranational Courts to the Rule of Law Book in PDF, ePub and Kindle
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.