Pursuit of Legal Harmony in a Turbulent Europe

Pursuit of Legal Harmony in a Turbulent Europe
Author: Catherine Barnard
Publisher: Bloomsbury Publishing
Total Pages: 647
Release: 2024-10-17
Genre: Law
ISBN: 1509977023

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

The Pursuit of Legal Harmony in a Turbulent Europe

The Pursuit of Legal Harmony in a Turbulent Europe
Author: Catherine Barnard
Publisher: Hart Publishing
Total Pages: 0
Release: 2024-09-19
Genre: Law
ISBN: 1509977007

This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

The Rule of Law in the European Union

The Rule of Law in the European Union
Author: Theodore Konstadinides
Publisher: Bloomsbury Publishing
Total Pages: 268
Release: 2017-09-21
Genre: Law
ISBN: 1509916547

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The Primacy of Politics

The Primacy of Politics
Author: Sheri Berman
Publisher: Cambridge University Press
Total Pages: 219
Release: 2006-08-07
Genre: Political Science
ISBN: 1139457594

Political history in the industrial world has indeed ended, argues this pioneering study, but the winner has been social democracy - an ideology and political movement that has been as influential as it has been misunderstood. Berman looks at the history of social democracy from its origins in the late nineteenth century to today and shows how it beat out competitors such as classical liberalism, orthodox Marxism, and its cousins, Fascism and National Socialism by solving the central challenge of modern politics - reconciling the competing needs of capitalism and democracy. Bursting on to the scene in the interwar years, the social democratic model spread across Europe after the Second World War and formed the basis of the postwar settlement. This is a study of European social democracy that rewrites the intellectual and political history of the modern era while putting contemporary debates about globalization in their proper intellectual and historical context.

A Concise History of the Common Law

A Concise History of the Common Law
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 828
Release: 2001
Genre: Common law
ISBN: 1584771372

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

We the Court

We the Court
Author: Luis Miguel Poiares Pessoa Maduro
Publisher: Bloomsbury Publishing
Total Pages: 206
Release: 1998-02-01
Genre: Law
ISBN: 1847310869

The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.

The Last Utopia

The Last Utopia
Author: Samuel Moyn
Publisher: Harvard University Press
Total Pages: 346
Release: 2012-03-05
Genre: History
ISBN: 0674256522

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

The 50th Anniversary of the European Law of Civil Procedure

The 50th Anniversary of the European Law of Civil Procedure
Author: Burkhard Hess
Publisher: Nomos/Hart
Total Pages: 608
Release: 2020-11-12
Genre: Law
ISBN: 9781509945924

On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.