Justice Contained

Justice Contained
Author: Lisa J. Conant
Publisher: Cornell University Press
Total Pages: 272
Release: 2018-10-18
Genre: Law
ISBN: 1501722646

In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.

Altered States

Altered States
Author: Andrew P. Cortell
Publisher: Lexington Books
Total Pages: 254
Release: 2003
Genre: Political Science
ISBN: 9780739106068

Challenging dominant assumptions in international relations, Altered States demonstrates that national political institutions change more frequently--and less dramatically--than is commonly thought and with important consequences for the political landscape. Combining theory with solid empirical research--including archival evidence and interviews--the contributors explore the causes and consequences of institutional transformation in the United States, Western and Eastern Europe, Russia and the former Soviet Republics, and Cuba. Altered States highlights the dynamic and interactive relationship between national political institutions and reform-minded policy entrepreneurs, a perspective that will interest scholars and policy makers alike.

European Union Law After Maastricht:Practical Guide for Lawyers Outside the Common Market

European Union Law After Maastricht:Practical Guide for Lawyers Outside the Common Market
Author: Ralph Folsom
Publisher: Kluwer Law International B.V.
Total Pages: 788
Release: 1996-06-27
Genre: Law
ISBN: 9041109714

The emergence of Europe as a unified trading block has profound implications for those who do business with European countries. European Union Law is written for lawyers and business professionals who require information about the changes that are taking place as a result of the unification process in the member states of the European Union. Unlike other materials on Europe, this book is written primarily for lawyers outside the EU. The book serves three important functions: It provides a comprehensive introduction to European law, law-making institutions and dispute settlement mechanism It presents European legal regimes for the general areas which are relevant to foreign lawyers, including corporate law, environmental regulation, securities regulation, antitrust law, mergers and acquisitions, licensing, product liability, and dumping It examines the European regulations of some important specific industries such as broadcasting and telecommunications. The editors and authors of this work are among the most prominent academic and professional authorities in the area of European Law. This book is the single most useful reference tool for those in need of current European Union information.

The Enforcement of EU Law

The Enforcement of EU Law
Author: Stine Andersen
Publisher: OUP Oxford
Total Pages: 292
Release: 2012-11-29
Genre: Law
ISBN: 0191650056

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Process and Procedure in EU Administration

Process and Procedure in EU Administration
Author: Carol Harlow Harlow KC
Publisher: Bloomsbury Publishing
Total Pages: 568
Release: 2014-11-20
Genre: Law
ISBN: 1782255761

This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.

Delivering on Promises

Delivering on Promises
Author: Lauren J. Peritz
Publisher: University of Chicago Press
Total Pages: 360
Release: 2022-12-21
Genre: Political Science
ISBN: 0226822141

A timely investigation into the conditions that make international agreements—and the institutions that enforce them—vulnerable. When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver results—but they are only effective under certain conditions. As Peritz shows, states are less likely to comply with international rules and international court decisions when domestic industries have the political ability to obstruct compliance in particular cases. The author evaluates the argument with an extensive empirical analysis that traces the domestic politics of compliance with the decisions of two international economic courts: the World Trade Organization’s dispute settlement mechanism and the Court of Justice of the European Union. At a time when international agreements are under attack, this book sheds light on the complex relationship between domestic politics and international economic cooperation, offering detailed evidence that international economic courts are effective at promoting interstate cooperation.

Centralized Enforcement, Legitimacy and Good Governance in the EU

Centralized Enforcement, Legitimacy and Good Governance in the EU
Author: Melanie Smith
Publisher: Routledge
Total Pages: 272
Release: 2009-09-10
Genre: Law
ISBN: 1135212260

Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU.

Landmark Decisions of the ECJ in Direct Taxation

Landmark Decisions of the ECJ in Direct Taxation
Author: Werner Haslehner
Publisher: Kluwer Law International B.V.
Total Pages: 365
Release: 2015-10-28
Genre: Law
ISBN: 9041166297

Every professional dealing with taxation in the European Union will greatly appreciate this extraordinarily useful book. Based on a high-level conference held at the University of Luxembourg in 2014, the book presents detailed expert summaries and analyses of landmark ECJ decisions in direct taxation, each case a starting point for the development of a specific doctrine. The depth of the analysis, as each author charts a way through the nuances of the Court's arguments, allows the reader to gain an unparalleled understanding of changes in the relevant subsequent jurisprudence. The fundamental issues covered are the following: - taxation of non-residents in the EU context; - implications of EU fundamental freedoms in the income tax systems of the Member States; - outbound and inbound dividend taxation; - taxation of permanent establishments; - restrictions on freedom of establishment; - tax treatment of corporate exit; - abuse of taxpayers' rights; - cohesion of the tax system as an overriding factor in the public interest; - juridical double taxation arising from the exercise of overlapping powers of two or more States; - free movement of capital and third countries; and - tax treatment of non-profit organizations in the cross-border context. The book as a whole offers an incomparable critical assessment of the strengths and weaknesses of the Court's reasoning and its path through the complex field of crossborder income taxation, particularly in the area of the compatibility of national tax legislation with the fundamental freedoms, which continues to be a powerful driver for changes to existing tax laws. For legal academics, this is a unique and fundamental source of essential information and analysis. Crucially, although valuable as a 'snapshot' of the current state of EU tax law, this book will remain relevant for practitioners and policymakers as jurisprudence continues to develop over the years to come.

Foster on EU Law

Foster on EU Law
Author: Nigel Foster
Publisher: Oxford University Press, USA
Total Pages: 519
Release: 2015
Genre: Law
ISBN: 0198727593

Nigel Foster provides a concise and clear account of EU law, offering an accessible entry point to the subject. This fifth edition provides an incisive account of the institutions and procedures of the European Union, balanced with coverage of the key areas of substantive law.