The Eu Principle Of Subsidiarity
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Author | : Antonio Estella de Noriega |
Publisher | : Oxford University Press, USA |
Total Pages | : 210 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780199242429 |
The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.
Author | : Ralf Alleweldt |
Publisher | : |
Total Pages | : 228 |
Release | : 2021-02-22 |
Genre | : Political Science |
ISBN | : 9781910814574 |
Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.
Author | : Michelle Evans |
Publisher | : Springer |
Total Pages | : 229 |
Release | : 2014-05-16 |
Genre | : Law |
ISBN | : 9401788103 |
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author | : Philipp Kiiver |
Publisher | : Routledge |
Total Pages | : 216 |
Release | : 2012-02-21 |
Genre | : Law |
ISBN | : 1136459847 |
This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.
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 | : Robert Schütze |
Publisher | : Oxford University Press, USA |
Total Pages | : 428 |
Release | : 2009-10-15 |
Genre | : Law |
ISBN | : 0199238588 |
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
Author | : Deen K. Chatterjee |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : Electronic books |
ISBN | : 9781784027018 |
The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry.
Author | : Alain Delcamp |
Publisher | : Council of Europe |
Total Pages | : 52 |
Release | : 1994-01-01 |
Genre | : Political Science |
ISBN | : 9789287125224 |
Author | : Andrea Biondi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 235 |
Release | : |
Genre | : Law |
ISBN | : 1783477784 |
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Author | : Centre for Economic Policy Research (Great Britain) |
Publisher | : Centre for Economic Policy Research |
Total Pages | : 204 |
Release | : 1993 |
Genre | : Business & Economics |
ISBN | : 9781898128038 |
This report argues that until detailed arguments for and against centralization through the European Union, there remains an incomplete guide to the principle decision of where power should reside.