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Author: Narin Idriz Publisher: Springer Nature ISBN: 303104102X Category : Law Languages : en Pages : 336
Book Description
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
Author: Narin Idriz Publisher: Springer Nature ISBN: 303104102X Category : Law Languages : en Pages : 336
Book Description
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
Author: Johan Callewaert Publisher: Council of Europe ISBN: 9287179700 Category : Political Science Languages : en Pages : 107
Book Description
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author: Narin Idriz Publisher: ISBN: 9783031041037 Category : Languages : en Pages : 0
Book Description
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU's legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the 'very foundations' of the Union's legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the 'inner unity' or 'basic structure' of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
Author: Vasiliki Kosta Publisher: Bloomsbury Publishing ISBN: 1782254471 Category : Law Languages : en Pages : 704
Book Description
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Author: Vasiliki Kosta Publisher: Bloomsbury Publishing ISBN: 1782254463 Category : Law Languages : en Pages : 404
Book Description
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Author: Stefan Lorenzmeier Publisher: Nomos Verlag ISBN: 3845262281 Category : Law Languages : en Pages : 315
Book Description
Der englischsprachige Sammelband beleuchtet die Auswirkungen internationaler Menschenrechte auf den nationalen und europäische Rechtsordnung aus mehreren Perspektiven. Neben den Auswirkungen des Gutachtens 2/13 des EuGH auf das Verhältnis der EU zur EMRK werden auch die Auswirkungen der Menschenrechtskonvention auf die Rechtsordnungen von Nachbarstaaten wie Norwegen und der Türkei analysiert. Ebenfalls wird eine Bestandsaufnahme der menschenrechtlichen Vorschriften des Assoziierungsabkommens der Europäischen Union mit der Ukraine und deren Auswirkungen auf die interne ukrainische Rechtsordnung vorgenommen. Daneben gestellt werden rechtsvergleichend Analysen der Rechtssysteme größerer und kleinerer Mitgliedstaaten der EU wie Deutschland, Polen, Portugal und Slowenien. Mit Beiträgen von Ass.-Prof. Pinar Bacaksiz, Dokuz Eylül Universität Izmir; Ass.-Prof. Vibeke Blaker Strand und Prof. Kjetil Mujezinovic Larsen, Norwegisches Menschenrechtsinstitut Oslo; Ass.-Prof. Rui Guerra de Fonseca, Universität Lissabon; Prof. Roman Petrov, Universität Kiew-Mohyla; Ass.-Prof. Dr. Vasilka Sancin und Prof. Mirjam Skrk, Universität Ljubljana; AkadR Dr. Stefan Lorenzmeier, LL.M. (Lugd.), Universität Augsburg; Dr. Daniel Engel, LL.M. (GWU), Universität Augsburg; Dasa Bajec Korent, Universität Ljubljana; Akad. Rätin Jennifer Hölzlwimmer, Universität Augsburg; Tina Korosec, LL.M. (Groningen), Universität Ljubljana; Masa Kovic Dine, LL.M. (Toronto), Universität Ljubljana; Dorota Miler, LL.M. (McGill), Universität Augsburg; Isabella Risini, LL.M. (Chicago-Kent), Ruhr-Universität Bochum; Désirée Rühle, Universität Augsburg; Marina Zagar, Universität Rijeka/Ljubljana
Author: Marise Cremona Publisher: Bloomsbury Publishing ISBN: 1782259961 Category : Law Languages : en Pages : 501
Book Description
The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
Author: Mihail Danov Publisher: Bloomsbury Publishing ISBN: 1782251596 Category : Law Languages : en Pages : 452
Book Description
This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Author: Narin Idriz
Author: Narin Idriz
Author: Johan Callewaert
Author: Narin Idriz
Author: Vasiliki Kosta
Author: Vasiliki Kosta
Author: Stefan Lorenzmeier
Author: Marise Cremona
Author: Council of the European Union. General Secretariat
Author: Robert Schütze
Author: Mihail Danov