Author: Steve Peers Publisher: Bloomsbury Publishing ISBN: 1849467471 Category : Law Languages : en Pages : 1938
Book Description
The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Author: Koen Lenaerts Publisher: Oxford University Press ISBN: 019259236X Category : Law Languages : en Pages : 928
Book Description
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Author: Michael Dougan Publisher: Bloomsbury Publishing ISBN: 1847310435 Category : Law Languages : en Pages : 300
Book Description
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Author: Gary P. Freeman Publisher: Edward Elgar Publishing ISBN: 178347629X Category : Political Science Languages : en Pages : 492
Book Description
In this comprehensive Handbook, an interdisciplinary team of distinguished scholars from the social sciences explores the connections between migration and social policy. They test conflicting claims as to the positive and negative effects of different types of migration against the experience of countries in Europe, North America, Australasia, the Middle East and South Asia, assessing arguments as to migration’s impact on the financial, social and political stability and sustainability of social programs. The volume reflects the authors’ curiosity about the controversy over the connection between social and cultural diversity and popular support for the welfare state. Providing timely and original chapters which both critique the existing literature as well as build on and advance theoretical understanding, the authors focus on the formal settlement and integration polices created for migrants as well as corollary state policies affecting migrants and migration. A clutch of chapters investigates the linkage between migration and trade theory, foreign direct investment, globalization, public opinion, public education and welfare programs. Chapters then deal with leading receiving states as well as India and the authors examine the regulation of migration at the subnational, national, regional and global levels. The topic of migration and security is also covered. This compelling and exhaustive review of existing scholarship and state-of -the-art original empirical analysis is essential reading for graduates and academics researching the field.
Author: Giacomo Di Federico Publisher: Springer Science & Business Media ISBN: 940070156X Category : Law Languages : en Pages : 327
Book Description
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Author: Jacek Kubera Publisher: Routledge ISBN: 1000050718 Category : Political Science Languages : en Pages : 237
Book Description
Social Europe is a key topic in the construction of the EU and its institutions. This volume examines the current state of, and perspectives for, Social Europe, as well as key issues in European social policy, including the posting of workers, the impact of the free market and regulations on social convergence, work automation, digitalisation, taxation and democracy in the workplace. The aim of this volume is to identify a course to be followed in integrating the EU’s social policies and point to areas in which co-operation between member states is likely to produce best results. While a Social Europe was previously seen to be a natural consequence of political and economic integration, it is now viewed as a separate area that requires active policies to preserve the European project. The EU’s big question today concerns the level at which this policy should be pursued: the volume’s contributors outline difficulties with harmonising social policies across the Union, but they nevertheless argue that, owing to the common challenges faced by Europe, the idea of a Social Europe must not be abandoned and requires specific action. The volume consists of 11 chapters written by a variety of expert authors, analysing the idea of a Social Europe and proposing ways in which it could be put into practice. Social policy can no longer be seen as derived from economic policy but rather as a separate driver of development that could be of interest to the northern, southern and eastern states of the EU. Jacek Kubera, PhD, Assistant Professor, Faculty of Sociology, Adam Mickiewicz University in Poznań. Tomasz Morozowski, PhD candidate, Faculty of Political Science and Journalism, Adam Mickiewicz University in Poznań, and analyst at the Poznań Institute for Western Affairs.
Author: Frans Pennings Publisher: Edward Elgar Publishing ISBN: 1800886357 Category : Law Languages : en Pages : 475
Book Description
This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.
Author: Friedl Weiss Publisher: Cambridge University Press ISBN: 113999249X Category : Law Languages : en Pages : 363
Book Description
This is the market's most student-friendly textbook on EU internal market law, covering everything students need to know about the legal and regulatory framework of the internal market and eliminating the need for a full EU law text. Concise and focused, chapters explore the underlying socio-economic and historical contexts of EU law, and offer a thorough examination of the law's technical aspects, ensuring that students gain a rich understanding of the way that legal rules and structures have developed from key political and social debates. Key concepts are illustrated by excerpts, summaries and discussions of classic and modern cases. Numerous features include text boxes, illustrative cases, legal interpretations, tables, and suggestions for further reading, which support students with little background knowledge of the subject, leading them to total mastery of the material.
Author: Paul Craig Publisher: Oxford University Press ISBN: 0192567454 Category : Law Languages : en Pages : 994
Book Description
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Author: Steve Peers
Author: Gisella Gori
Author: Koen Lenaerts
Author: Michael Dougan
Author: Gary P. Freeman
Author: Giacomo Di Federico
Author: Jacek Kubera
Author: Frans Pennings
Author: Friedl Weiss
Author: Paul Craig