The Principle Of Subsidiarity And Its Enforcement In The Eu Legal Order PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Principle Of Subsidiarity And Its Enforcement In The Eu Legal Order PDF full book. Access full book title The Principle Of Subsidiarity And Its Enforcement In The Eu Legal Order.

The Principle of Subsidiarity and its Enforcement in the EU Legal Order

The Principle of Subsidiarity and its Enforcement in the EU Legal Order
Author: Katarzyna Granat
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2018-05-31
Genre: Law
ISBN: 1509908692

Download The Principle of Subsidiarity and its Enforcement in the EU Legal Order Book in PDF, ePub and Kindle

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.


Subsidiarity in the European Community's legal order

Subsidiarity in the European Community's legal order
Author: Andrea Daniel
Publisher: GRIN Verlag
Total Pages: 21
Release: 2009-07-14
Genre: Political Science
ISBN: 3640373553

Download Subsidiarity in the European Community's legal order Book in PDF, ePub and Kindle

Essay from the year 2009 in the subject Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), course: European Policy, language: English, abstract: The subject of this essay is the implementation of the subsidiarity-principle in the EC's legal order. While EC-laws have supremacy over national laws and become a part of the national legal order, self-standing national laws are applicable where the EC has no legislative competence. In this aspect, the EC’s system is comparable to e.g. the German federal system. The essay shows that the EC’s legislative system balances the powers of the supranational and the national level by certain legal instruments: The principle of “limited empowerment”, the distinction between exclusive and competitive competences and the necessity of a “legal basis” for every supranational legislative act. As their justiciability is essential for the lower levels’ protection from power centralisation the Member States can litigate at the European Court of Justice against “lack of competence” when the EC meddles in affairs for which it is not empowered. The theoretical implementation as well as the – sometimes unsatisfying – practical application of these instruments is illustrated on the examples of two EC-directives on the ban of tobacco advertisements and the German litigation against them for “lack of competence”.


The EU Principle of Subsidiarity and Its Critique

The EU Principle of Subsidiarity and Its Critique
Author: Antonio Estella de Noriega
Publisher: Oxford University Press, USA
Total Pages: 210
Release: 2002
Genre: Law
ISBN: 9780199242429

Download The EU Principle of Subsidiarity and Its Critique Book in PDF, ePub and Kindle

The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.


Solidarity in EU Law

Solidarity in EU Law
Author: Andrea Biondi
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2018
Genre:
ISBN: 1783477784

Download Solidarity in EU Law Book in PDF, ePub and Kindle

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.


The Principle of Subsidiarity and its Enforcement in the EU Legal Order

The Principle of Subsidiarity and its Enforcement in the EU Legal Order
Author: Katarzyna Granat
Publisher: Bloomsbury Publishing
Total Pages: 442
Release: 2018-05-31
Genre: Law
ISBN: 1509908684

Download The Principle of Subsidiarity and its Enforcement in the EU Legal Order Book in PDF, ePub and Kindle

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.


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

Download The Law of the European Union and the European Communities Book in PDF, ePub and Kindle

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.


Subsidiarity in the European Community's Legal Order

Subsidiarity in the European Community's Legal Order
Author: Andrea Daniel
Publisher: GRIN Verlag
Total Pages: 41
Release: 2009-07
Genre: Political Science
ISBN: 3640373278

Download Subsidiarity in the European Community's Legal Order Book in PDF, ePub and Kindle

Essay from the year 2009 in the subject Politics - International Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), course: European Policy, language: English, abstract: The subject of this essay is the implementation of the subsidiarity-principle in the EC's legal order. While EC-laws have supremacy over national laws and become a part of the national legal order, self-standing national laws are applicable where the EC has no legislative competence. In this aspect, the EC's system is comparable to e.g. the German federal system. The essay shows that the EC's legislative system balances the powers of the supranational and the national level by certain legal instruments: The principle of "limited empowerment", the distinction between exclusive and competitive competences and the necessity of a "legal basis" for every supranational legislative act. As their justiciability is essential for the lower levels' protection from power centralisation the Member States can litigate at the European Court of Justice against "lack of competence" when the EC meddles in affairs for which it is not empowered. The theoretical implementation as well as the - sometimes unsatisfying - practical application of these instruments is illustrated on the examples of two EC-directives on the ban of tobacco advertisements and the German litigation against them for "lack of competence".


EU Ordre Public

EU Ordre Public
Author: Tim Corthaut
Publisher: Kluwer Law International B.V.
Total Pages: 512
Release: 2012-10-26
Genre: Law
ISBN: 9041142185

Download EU Ordre Public Book in PDF, ePub and Kindle

In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following: international trade law and arbitration; public international law; the ECHR and EctHR; public policy exceptions to the four freedoms; European citizenship; competition law; national and EU procedural law; and protection of social and labour standards. In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.


Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union
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.