Flexibility, Enhanced Cooperation and the Treaty of Amsterdam PDF Download

Author: Kerstin Junge
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 100

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Book Description
Author examines the new clause of 'flexibility' in the Treaty of Amsterdam and asks whether this clause will be sufficient to deal with the EU in the 21st century.

Author: Bruno de Witte
Publisher: Intersentia nv
ISBN: 905095152X
Category : European federation
Languages : en
Pages : 404

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Book Description
The introduction by the Amsterdam Treaty of the flexibility clauses, authorising a majority of Member States to cooperate more closely in areas covered by the Treaties, has been received with mixed feelings. Flexibility is by no means a new phenomenon in the EU's development. It has been on the Community's agenda already since the 1970s. The Single European Act introduced several provisions allowing for flexible approaches to the single market, whilst the Maastricht Treaty launched a differentiated approach to the EMU and social policy. In addition to these forms of differentiation in primary Community law, for many years there has also been a number of quite important, though less visible, forms of differentiation in secondary Community law. This book aims to link both levels of differentiation and seeks to unveil the many faces of differentiation in EU law. It analyses whether, and to which extent, there is a shift in European integration from a system of unity and uniformity to one of flexibility and differentiation. A first series of contributions to the book analyse a number of exemplary policy fields (EMU, social policy, environment, free movement of persons, justice and home affairs) in order to identify their degree of differentiation. A second set of contributions examine various 'horizontal' institutional matters of cross-sectoral importance. These two main parts are framed by introductory articles on the development of flexibility and by contributions drawing on the constitutional limits to differentiation. The contributions are made by Dominik Hanf, José M. de Areilza, Jean-Victor Louis, Sean Van Raepenbusch, Ludwig Kramer, Georgia Papagianni, Grainne de Burca, Ellen Vos, Linda Senden, Sacha Prechal, Wouter Devroe, Deirdre Curtin, Bruno De Witte, Eddy De Smijter en Jan Wouters.

Author: Robert Böttner
Publisher: BRILL
ISBN: 9004459154
Category : Law
Languages : en
Pages : 409

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Book Description
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

Author: Caroline Heber
Publisher: Oxford University Press
ISBN: 0192898272
Category : Law
Languages : en
Pages : 545

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Book Description
The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Author: Alkuin Kölliker
Publisher: Rowman & Littlefield
ISBN: 9780742536135
Category : History
Languages : en
Pages : 360

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Book Description
Based on a theory of differentiated integration, this book investigates the dynamics of flexible European integration across EU policies and member states. By doing so, it provides a theory-based, comprehensive, and an empirical account of European integration from the perspective of legal differentiation.

Author: Alex Warleigh
Publisher: A&C Black
ISBN: 9780826460936
Category : Political Science
Languages : en
Pages : 148

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Book Description
Flexibility is emerging as a key dynamic of European integration. This shift towards flexibility has major implications. The EU will have to cope with more complexity and less transparency. It also affects the way in which European integration is viewed since it makes a state-like outcome to the process far less likely. Alex Warleigh looks at why flexibility has become such an important feature of the EU. He examines its history, and puts forward a typology to explain the models by which it is understood. He goes on to explore the hazards of flexibility and to look at what it has to offer, arguing that it is best seen as a desirable part of the integration process rather than as a problem. Flexibility, he argues is an important mechanism for the realization of the EU's slogan "unity in diversity."

Author: Gráinne de Búrca
Publisher: Hart Publishing
ISBN: 1841131032
Category : Law
Languages : en
Pages : 400

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Book Description
This book addresses the changing constitutional framework of the EU and the changing patterns of governance within this complex polity.

Author: Finn Laursen
Publisher: BRILL
ISBN: 9004148205
Category : Law
Languages : en
Pages : 581

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Book Description
This book gives a detailed analysis of the making of the Treaty of Nice, the current treaty of the European Union, adopted in 2000. It analysis the interests and strategies of the various actors, including the 15 Member States, during the negotiations and tries to explain the main institutional changes: re-weighting of votes in the Council of Ministers, future changes in the composition of the European Commission, extended use of qualified majority voting and easier conditions for a smaller group of Member States going faster in the integration process ('enhanced cooperation').

Author: Martin Trybus
Publisher: Edward Elgar Publishing
ISBN: 085793256X
Category : Law
Languages : en
Pages : 553

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Book Description
'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

Author: Mads Andenas
Publisher: Bloomsbury Publishing
ISBN: 1847310060
Category : Law
Languages : en
Pages : 448

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Book Description
Designed to succeed previous books on the Maastricht and Amsterdam treaties,this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is rapidly developing in the lead-up to the next Intergovernmental conference. The book's central theme is the discussion of a European Constitution and European Constitutionalism. The new constitutional balance after institutional reform, the Luxembourg courts after Nice, the future of the three pillar Treaty structure and the Human Rights charter are the other main topics. Among the contributors are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor Jürgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve Peers (Essex) Professor Piet Eeckhout (King's College, London) and Professor Alan Dashwood (Cambridge).