The Autonomy Of Community Law
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Author | : R. Barents |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 354 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9041122516 |
"This book is the English version of my 'De communautaire rechtsorde' ... which was published by Kluwer, Deventer (the Netherlands) in 2000 ... Where necessary I have updated the text by taking account of developments until the beginning of 2003."--Foreword.
Author | : Mortimer Sellers |
Publisher | : Springer Science & Business Media |
Total Pages | : 184 |
Release | : 2007-08-30 |
Genre | : Law |
ISBN | : 140206490X |
By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.
Author | : Ramses A. Wessel |
Publisher | : Springer Science & Business Media |
Total Pages | : 340 |
Release | : 2012-12-14 |
Genre | : Law |
ISBN | : 9067049034 |
The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.
Author | : Norbert Reich |
Publisher | : Intersentia nv |
Total Pages | : 414 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9050953247 |
This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.
Author | : Diana-Urania Galetta |
Publisher | : Springer Science & Business Media |
Total Pages | : 160 |
Release | : 2010-07-23 |
Genre | : Law |
ISBN | : 3642125476 |
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Author | : Lauri Hannikainen |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 376 |
Release | : 1997-03-19 |
Genre | : Law |
ISBN | : 9789041102713 |
The Aland Islands constitute a very special case in international law. This island territory under Finland's sovereignty has been demilitarised and neutralised for more than one hundred and forty years and autonomous for more than seventy years. In 1921 the Council of the League of Nations laid down international guarantees for the autonomy and Swedish character of Aland, and a multilateral convention on Aland's demilitarisation and neutralisation was concluded that same year. The Convention is still in force, and Aland's autonomy is firmly anchored in both customary international law and Finnish constitutional law. This volume is the first to undertake a comprehensive analysis of Aland's international legal status. Several articles analyse the status and content of this autonomy, and a number of other articles deal with military issues. Perhaps the most topical one is that on the relationship between Aland and the EU. The solution achieved for Aland may provide a valuable model of autonomy. This book is important not only for experts and students of international law but also for anyone who is concerned with territorial autonomy as a possible means for enhancing political rights of minorities.
Author | : Marja-Liisa Öberg |
Publisher | : Cambridge University Press |
Total Pages | : 377 |
Release | : 2020-11-05 |
Genre | : Business & Economics |
ISBN | : 1108499724 |
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
Author | : Takis Tridimas |
Publisher | : Oxford University Press, USA |
Total Pages | : 591 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780199227686 |
This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
Author | : Maria Bergström |
Publisher | : Bloomsbury Publishing |
Total Pages | : 368 |
Release | : 2016-01-14 |
Genre | : Law |
ISBN | : 1509902740 |
This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.
Author | : Eric E. Bergsten |
Publisher | : BRILL |
Total Pages | : 168 |
Release | : 1973 |
Genre | : Conflict of laws |
ISBN | : 9789024714926 |