Complex Equality And The Court Of Justice Of The European Union PDF Download
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Author | : Richard Lang |
Publisher | : BRILL |
Total Pages | : 390 |
Release | : 2018-07-19 |
Genre | : Law |
ISBN | : 9004354263 |
Download Complex Equality and the Court of Justice of the European Union Book in PDF, ePub and Kindle
In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU’s judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.
Author | : Jessica Guth |
Publisher | : Routledge |
Total Pages | : 231 |
Release | : 2018-07-27 |
Genre | : Law |
ISBN | : 1351855093 |
Download Gender and the Court of Justice of the European Union Book in PDF, ePub and Kindle
Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
Author | : Sabine Saurugger |
Publisher | : Bloomsbury Publishing |
Total Pages | : 272 |
Release | : 2017-08-24 |
Genre | : Political Science |
ISBN | : 1137320281 |
Download The Court of Justice of the European Union and the Politics of Law Book in PDF, ePub and Kindle
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.
Author | : Lucia Serena Rossi |
Publisher | : Springer |
Total Pages | : 322 |
Release | : 2017-11-23 |
Genre | : Law |
ISBN | : 331966137X |
Download The Principle of Equality in EU Law Book in PDF, ePub and Kindle
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
Author | : Casarosa, Federica |
Publisher | : Edward Elgar Publishing |
Total Pages | : 448 |
Release | : 2022-02-04 |
Genre | : Law |
ISBN | : 1800371225 |
Download The Practice of Judicial Interaction in the Field of Fundamental Rights Book in PDF, ePub and Kindle
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author | : Susanne K. Schmidt |
Publisher | : Oxford University Press |
Total Pages | : 312 |
Release | : 2018-01-26 |
Genre | : Political Science |
ISBN | : 0192547879 |
Download The European Court of Justice and the Policy Process Book in PDF, ePub and Kindle
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.
Author | : Lorenza Violini |
Publisher | : Edward Elgar Publishing |
Total Pages | : |
Release | : 2018-10-26 |
Genre | : Law |
ISBN | : 1786436051 |
Download The Fragmented Landscape of Fundamental Rights Protection in Europe Book in PDF, ePub and Kindle
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
Author | : Tamara K. Hervey |
Publisher | : |
Total Pages | : 472 |
Release | : 1996-08 |
Genre | : Law |
ISBN | : |
Download Sex Equality Law in the European Union Book in PDF, ePub and Kindle
Recoge: Part I. Equal pay -- Part II. Equal treatment -- Part III. Social security -- Part IV. Enforcement of sex equality in employment -- Part V. Citizenship and human rights -- Part VI. Women and internal market -- Part VII. Perspectives on sex equality law: proposals for reform.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Download The European Union and Human Rights Book in PDF, ePub and Kindle
Author | : Steven Greer |
Publisher | : Cambridge University Press |
Total Pages | : 562 |
Release | : 2018-03-29 |
Genre | : Law |
ISBN | : 1108647456 |
Download Human Rights in the Council of Europe and the European Union Book in PDF, ePub and Kindle
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.