Integration Through Law Revisited
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| Author | : Daniel Augenstein |
| Publisher | : Routledge |
| Total Pages | : 359 |
| Release | : 2016-05-23 |
| Genre | : Law |
| ISBN | : 1317115201 |
Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.
| Author | : Daniel Augenstein |
| Publisher | : Routledge |
| Total Pages | : 224 |
| Release | : 2016-05-23 |
| Genre | : Law |
| ISBN | : 131711521X |
Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.
| Author | : Luis Miguel Poiares Pessoa Maduro |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 532 |
| Release | : 2010-02-05 |
| Genre | : Law |
| ISBN | : 1847315631 |
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
| Author | : Ingrid Ellen |
| Publisher | : Columbia University Press |
| Total Pages | : 643 |
| Release | : 2019-01-15 |
| Genre | : Social Science |
| ISBN | : 0231545045 |
A half century after the Fair Housing Act, despite ongoing transformations of the geography of privilege and poverty, residential segregation by race and income continues to shape urban and suburban neighborhoods in the United States. Why do people live where they do? What explains segregation’s persistence? And why is addressing segregation so complicated? The Dream Revisited brings together a range of expert viewpoints on the causes and consequences of the nation’s separate and unequal living patterns. Leading scholars and practitioners, including civil rights advocates, affordable housing developers, elected officials, and fair housing lawyers, discuss the nature of and policy responses to residential segregation. Essays scrutinize the factors that sustain segregation, including persistent barriers to mobility and complex neighborhood preferences, and its consequences from health to home finance and from policing to politics. They debate how actively and in what ways the government should intervene in housing markets to foster integration. The book features timely analyses of issues such as school integration, mixed income housing, and responses to gentrification from a diversity of viewpoints. A probing examination of a deeply rooted problem, The Dream Revisited offers pressing insights into the changing face of urban inequality.
| Author | : Bruno de Witte |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 280 |
| Release | : 2016-06-24 |
| Genre | : Law |
| ISBN | : 1783479906 |
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
| Author | : Rebecca Schmidt |
| Publisher | : Cambridge University Press |
| Total Pages | : 259 |
| Release | : 2018-12-06 |
| Genre | : Law |
| ISBN | : 1108635032 |
This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.
| Author | : Niamh Nic Shuibhne |
| Publisher | : Oxford University Press |
| Total Pages | : 225 |
| Release | : 2023-09-05 |
| Genre | : Education |
| ISBN | : 0198886276 |
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
| Author | : Takis Tridimas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 264 |
| Release | : 2021-05-20 |
| Genre | : Law |
| ISBN | : 1509935630 |
This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
| Author | : Christian Twigg-Flesner |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 603 |
| Release | : 2016-09-30 |
| Genre | : Law |
| ISBN | : 1782547371 |
The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll
| Author | : Rob van Gestel |
| Publisher | : Cambridge University Press |
| Total Pages | : 867 |
| Release | : 2017-02-02 |
| Genre | : Law |
| ISBN | : 1316760502 |
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
