Eu Law
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| Author | : Anu Bradford |
| Publisher | : Oxford University Press |
| Total Pages | : 425 |
| Release | : 2020-01-27 |
| Genre | : Law |
| ISBN | : 0190088591 |
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
| Author | : Pieter Jan Kuijper |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1251 |
| Release | : 2018-09-28 |
| Genre | : Law |
| ISBN | : 9041154124 |
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.
| Author | : Fabian Amtenbrink |
| Publisher | : Oxford University Press |
| Total Pages | : 1649 |
| Release | : 2020-05-21 |
| Genre | : Law |
| ISBN | : 019251248X |
Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.
| Author | : Mark Dawson |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2022-05-05 |
| Genre | : Law |
| ISBN | : 1108836178 |
An accessible and interdisciplinary take on EU law and governance, situating EU law in its political, social and cultural context.
| Author | : Frank Nellen |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 643 |
| Release | : 2020-08-19 |
| Genre | : Law |
| ISBN | : 9403523441 |
Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.
| Author | : Matteo Bottero |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 547 |
| Release | : 2020-12-11 |
| Genre | : Law |
| ISBN | : 9403528648 |
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
| Author | : Fernando Lusa Bordin |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2022-11-03 |
| Genre | : Law |
| ISBN | : 1108832970 |
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
| Author | : Pauline Stephanie Phoa |
| Publisher | : Europa Law Publishing |
| Total Pages | : 308 |
| Release | : 2021-12-23 |
| Genre | : |
| ISBN | : 9789462512788 |
All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.
| Author | : Damian Chalmers |
| Publisher | : |
| Total Pages | : 1150 |
| Release | : 2010-06-24 |
| Genre | : Law |
| ISBN | : 9780521121514 |
'An excellent book, it manages to be thorough, accessible and insightful at the same time. Highly recommended.'-Urfan Khaliq, Cardiff University Eagerly awaited new edition of the foremost textbook on EU Law. Revised after extensive user feedback to align with current teaching trends, this is the first major textbook to be published since the ratification of the Lisbon Treaty. Retained from the first edition An engaging writing style that makes complex ideas easy to understand Extracts from a variety of sources that show you how the law is created, interpreted and used in real life Critical analysis to encourage independent thinking Comprehensive range of topics covered û all the subjects you will need for your course. New to this edition: Full discussion of key recent developments, notably the amendments introduced by the Lisbon Treaty Structured introductions tell you what will be covered in each section of the chapter and make it easier to navigate through complex subject areas First ten chapters have been substantially restructured, as has the chapter on the free movement of goods Additional coverage of competition law available online New chapters on EU law in national courts, EU criminal law, governance and external relations New two-colour design makes it easy to distinguish between materials and commentary. The distinguished author team, who have extensive teaching and research experience, comprises specialists in the fields of EU public law, the internal market and competition law.
| Author | : Catherine Barnard |
| Publisher | : Oxford University Press |
| Total Pages | : 977 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198789130 |
Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
