The Principles Of Mutual Recognition In The European Integration Process
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| Author | : F. Schioppa |
| Publisher | : Springer |
| Total Pages | : 257 |
| Release | : 2005-05-31 |
| Genre | : Business & Economics |
| ISBN | : 0230524354 |
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.
| Author | : Wouter van Ballegooij |
| Publisher | : |
| Total Pages | : 414 |
| Release | : 2015-07-01 |
| Genre | : |
| ISBN | : 9781780683263 |
There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
| Author | : Augusto Lopez-Claros |
| Publisher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
| Author | : Christine Janssens |
| Publisher | : |
| Total Pages | : 407 |
| Release | : 2013-10 |
| Genre | : History |
| ISBN | : 0199673039 |
Examining the principle of mutual recognition in the EU legal order this volume asks whether the principle as developed in the internal market, can and should be applied in judicial cooperation in criminal matters in the area of freedom, security, and justice.
| Author | : Stefan Grundmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 395 |
| Release | : 2019-01-24 |
| Genre | : Law |
| ISBN | : 1509907564 |
In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.
| Author | : Alexandre Saydé |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 506 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 178225403X |
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
| Author | : Vasiliki Brisimi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 387 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254498 |
This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
| Author | : Ioannis Lianos |
| Publisher | : Cambridge University Press |
| Total Pages | : 515 |
| Release | : 2012-03-22 |
| Genre | : Law |
| ISBN | : 1107378354 |
This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.
| Author | : Mark Hewitson |
| Publisher | : Oxford University Press |
| Total Pages | : 538 |
| Release | : 2024-10-14 |
| Genre | : History |
| ISBN | : 0198915969 |
Brexit, populism, and Euroscepticism seem to have challenged old assumptions about European integration and raised the prospect of disintegration. This book re-examines why the European Union and its forerunners were created and investigates how and why they have changed. It links contemporary events to historical explanation, arguing that there were long-term sets of conditions, dating back to the 1920s, which pushed European governments to cooperate economically and to try to resolve their diplomatic differences. The failure of the French and German governments to create what Aristide Briand had called a 'European federal union' demonstrated both the precariousness of the enterprise and its connection to the domestic politics of European states. After 1945, the unexpected advent of a 'Cold War' and the military, diplomatic and economic presence of the United States in Europe facilitated the gradual development of habits of cooperation and institutional 'integration', but they also placed limits on European governments' activities, as did disagreements between political parties and the expectations of citizens. As a consequence, supranational bodies such as the European Commission have been accompanied - and often overshadowed - by intergovernmental institutions such as the European Council, with the EU as a whole functioning in important respects as a type of confederation. The volume addresses a series of large-scale historical questions which are integral to an understanding of the European Union. It asks how and why citizens of member states have identified with the EU; how matters of 'security' affected the development of the European Community during and after the Cold War; whether economic and social convergence have taken place, and with what consequences; and why European institutions have come to function as they have. The study is thematic, focusing on the most important aspects of European integration and explaining why member states have decided to carry out - or have consented to - the unique experiment of the European Union.
| Author | : Kathleen Gutman |
| Publisher | : OUP Oxford |
| Total Pages | : 677 |
| Release | : 2014-12-18 |
| Genre | : Law |
| ISBN | : 0191025488 |
Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
