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Author: Lucia Serena Rossi Publisher: Springer ISBN: 3319045911 Category : Law Languages : en Pages : 321
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: Lucia Serena Rossi Publisher: Springer ISBN: 3319045911 Category : Law Languages : en Pages : 321
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: Publisher: BRILL ISBN: 900442198X Category : Law Languages : en Pages : 469
Book Description
The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.
Author: Tony Marguery Publisher: Bruylant ISBN: 2802768352 Category : Law Languages : en Pages : 424
Book Description
En 2019, 40 ans après la première élection des membres du Parlement européen au suffrage universel direct en 1979, les citoyens de l’Union étaient une neuvième fois appelés aux urnes. Entre ces deux dates, le Parlement européen a profondément changé, passant d’une simple assemblée consultative au colégislateur de droit commun d’une Union européenne en proie à de nombreuses crises. Les contributions au présent ouvrage, tirées des travaux d’un colloque international qui s’est tenu à l’Université de Bordeaux les 9 et 10 mai 2019, entendent dresser le bilan, les enjeux et les perspectives, tant des élections européennes de 2019 que de la démocratie représentative européenne de façon globale. In 2019, 40 years after the first election of members of the European Parliament by direct universal suffrage in 1979, the citizens of the Union were called to the polls for the ninth time. Between these two dates, the European Parliament changed dramatically, from a mere consultative assembly to the ordinary co-legislator of a European Union plagued by many crises. This book draws on an international conference held at the University of Bordeaux on May 9 and 10, 2019. The various contributions therein intend to take stock, examine the challenges and envisage the prospects, not only of the 2019 European elections but also of representative European democracy in general.
Author: Chloé Brière Publisher: Bloomsbury Publishing ISBN: 1509932836 Category : Law Languages : en Pages : 279
Book Description
This book explores the external dimension of the ambitious EU policy on human trafficking. Through this policy the EU institutions and Member States promote the eradication of human trafficking and support, to that end, cooperation with their partners, being third States or international organisations. Analysing the unilateral and multilateral mechanisms the EU uses to achieve these aims, the book questions whether the EU's external response to human trafficking addresses it in all its dimensions, and whether it does so in a coherent way. As a case study, the book explores the cooperation of the EU with countries of the Western Balkans, which constitutes a specific unilateral mechanism. The analysis of the multilateral mechanisms covers the cooperation of the EU with key international and regional organisations combating human trafficking, including but not limited to the Council of Europe or the United Nations Office on Drugs and Crime. The book also examines the impact of the evolution of migration flows and the increasing reliance of military tools on the EU's response to human trafficking.
Author: Inge Govaere Publisher: Martinus Nijhoff Publishers ISBN: 9004259147 Category : Political Science Languages : en Pages : 705
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: Katarzyna Granat Publisher: Bloomsbury Publishing ISBN: 1509908684 Category : Law Languages : en Pages : 442
Book Description
In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.
Author: Alberto Nicòtina Publisher: Taylor & Francis ISBN: 1003807968 Category : Law Languages : en Pages : 343
Book Description
This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.
Author: Catherine Flaesch-Mougin Publisher: Primento ISBN: 2802742035 Category : Law Languages : en Pages : 414
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: Jérôme Monsenego Publisher: IBFD ISBN: 9087221134 Category : Business enterprises, Foreign Languages : en Pages : 415
Book Description
The rules of the Member States on the taxation of the foreign business income of companies, whether such rules are based on the fiscal principle of territoriality or on the principle of worldwide taxation, are in conflict with the objective of achievement of the internal market. This objective is indeed difficult to reach when it comes to the taxation of foreign income, given that the Member States are far from taxing companies doing business cross-border as if their operations were purely domestic. Areas of conflict include particularly the taxation of foreign profits, the deduction of foreign losses, the elimination of international double taxation and the attribution of profits to permanent establishments. This dissertation analyses this conflict on the basis of a study of the case law of the European Court of Justice as well as some of the key provisions of the European treaties. It appears that both the fiscal principle of territoriality and the principle of worldwide taxation give rise to complex issues of compatibility with the law of the European Union. Although the analysis conducted throughout the dissertation provides some guidance for the taxation of the foreign business income of companies, it is concluded that the Court cannot, by itself, efficiently resolve the conflict between such taxation and the objective of achievement of the internal market.
Author: Henri de Waele Publisher: Springer Nature ISBN: 3662675935 Category : Law Languages : en Pages : 228
Book Description
This volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines like international studies, political science, and public administration. The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.
Author: Lucia Serena Rossi
Author: Lucia Serena Rossi
Author: 
Author: Tony Marguery
Author: Chloé Brière
Author: Inge Govaere
Author: Katarzyna Granat
Author: Alberto Nicòtina
Author: Catherine Flaesch-Mougin
Author: Jérôme Monsenego
Author: Henri de Waele