La dimension extérieure de l'espace de liberté, de sécurité et de justice de l'Union européenne après le Traité de Lisbonne PDF Download

Author: Catherine Flaesch-Mougin
Publisher: Primento
ISBN: 2802742035
Category : Law
Languages : en
Pages : 414

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Book Description
Le présent ouvrage est le résultat d’une recherche conjointe entre les Universités de Bologne, Rennes et Bruxelles sur le thème de la dimension extérieure de l’espace de liberté, de sécurité et de justice de l’Union européenne (ELSJ). Cette recherche a été soutenue par la Commission européenne dans le cadre de l’ Action Jean Monnet. Il associe des professeurs et chercheurs de renom qui conjuguent leurs compétences et situent leur analyse à l’intersection des politiques en la matière et des politiques externes de l’Union européenne. Les auteurs évaluent de manière critique l’impact du traité de Lisbonne et de la pratique de l’Union concernant la dimension extérieure de l’ELSJ. Cette dimension dont l’importance ne cesse de croître oblige l’Union à concilier des impératifs parfois contradictoires entre les objectifs sécuritaires de l’ELSJ ou ceux de l’action extérieure, ou encore avec les valeurs sur lesquelles elle est fondée. Les auteurs tentent de répondre à différentes questions induites par le nouveau système de représentation extérieure de l’Union dans le domaine de l’ELSJ : Quelles sont les retombées juridiques du nouveau système ? Quel est également son impact politique ? Ne risque-t-on pas une incursion croissante de la politique étrangère et de sécurité commune (PESC) dans les aspects sécuritaires de l’ELSJ ?

Author: Ramses A Wessel
Publisher: Bloomsbury Publishing
ISBN: 1509926747
Category : Law
Languages : en
Pages : 560

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Book Description
The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.

Author: Henri de Waele
Publisher: Springer
ISBN: 3662548178
Category : Law
Languages : en
Pages : 207

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Book Description
This book offers a concise yet comprehensive review of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it provides a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. In addition to up-to-date analyses of, inter alia, the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy, it highlights the EU's external powers with regard to the environment, fundamental rights and development cooperation. Moreover, it includes dedicated chapters exploring the relations with neighbouring countries, and explaining the complex interplay between rules of domestic, European and international provenance. The second edition of this established text (the first edition was published under the title Layered Global Player in 2011) has been geared even more specifically towards students, for example through the inclusion of chapter overviews, clarifying boxes, and supplementary examples, while a meticulous review of the narrative has further enhanced its accessibility. As before, the book’s compact dimensions, transparent structure and engaging style of writing enable readers to master the main features of this gripping field of law with ease. It thus remains an invaluable resource for students and lecturers alike.

Author: Jean-Claude Piris
Publisher: Cambridge University Press
ISBN: 113948835X
Category : Law
Languages : en
Pages : 449

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Book Description
Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 1782259872
Category : Law
Languages : en
Pages : 331

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Book Description
This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Author: Ariadna Ripoll Servent
Publisher: Routledge
ISBN: 1317292561
Category : Political Science
Languages : en
Pages : 921

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Book Description
Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.

Author: Inge Govaere
Publisher: Martinus Nijhoff Publishers
ISBN: 9004259147
Category : Political Science
Languages : en
Pages : 705

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Book Description
The European Union in the World: Essays in Honour of Marc Maresceau provides a unique overview of state-of-the-art academic research in the rapidly developing area of EU external relations law from renowned academics and practitioners. The book is dedicated to the academic career of Marc Maresceau, a world-renowned expert in EU external relations law. For many years, Prof. Maresceau has been a pioneer in EU enlargement and neighbourhood studies. In honour of his inestimable contribution to the field, editors Inge Govaere, Erwan Lannon, Peter Van Elsuwege, and Stanislas Adam have compiled contributions devoted to the following wide range of topics: i) the legal-institutional framework of EU external action ii) the external policies of the EU iii) the EU’s bilateral relations with third countries iv) the enlargement of the European Union v) the European Neighbourhood Policy With a special focus on the post-Lisbon legal framework of EU external action, the book builds further upon the implementation of the reforms initiated by the Lisbon Treaty to offer virtually all-encompassing analysis of EU external relations law by top-level specialists. Academics, scholars and practitioners of EU law will find a seminal new work in The European Union in the World: Essays in Honour of Marc Maresceau.

Author: Jan Wouters
Publisher: Oxford University Press, USA
ISBN: 0198814194
Category : Law
Languages : en
Pages : 729

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Book Description
EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.

Author: Lucia Serena Rossi
Publisher: Springer
ISBN: 3319045911
Category : Law
Languages : en
Pages : 321

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Book Description
The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty’s reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union’s response to the challenges confronting it. In doing so, the volume first takes a horizontal approach to the Treaty’ revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU’s constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union’s primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union’s external dimension. ECJ Advocate General Paolo Mengozzi’s conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through. The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.

Author: Mauro Gatti
Publisher: BRILL
ISBN: 9004323619
Category : Law
Languages : en
Pages : 370

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Book Description
In European External Action Service, Mauro Gatti provides a legal analysis of the EU’s ‘foreign ministry’. The European External Action Service (EEAS) was created to coordinate the supranational and intergovernmental areas of EU external relations, but it is unclear whether and how it may attain this objective. Through an analysis of law and practice, Gatti demonstrates that the EEAS is capable of effectively promoting coherence in EU external relations. Although working independently from EU institutions and Member States, the EEAS can coordinate their activities at an administrative level. The EEAS is thus ideally placed to bring together EU external action instruments, including diplomatic efforts, development cooperation, and security policies.