The Principles of Mutual Recognition in the European Integration Process PDF Download

Author: F. Schioppa
Publisher: Springer
ISBN: 0230524354
Category : Business & Economics
Languages : en
Pages : 257

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Book Description
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.

Author: Alexander Hoogenboom
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The principle of mutual recognition is an eminently important principle in the European integration process. In its basic application the principle provides that a 'good' lawfully produced in one of the Member States of the EU, must be accepted without any restrictions in another Member State. The classic narrative sees the principle as having been introduced by the Court of Justice of the European Union in the famous case of Cassis de Dijon, after which it was subsequently applied to other areas of the integration process as a convenient 'middle way' (in between full harmonisation of legislation and simple rules prohibiting discriminatory treatment between the Member States). The purpose of this paper is, however, to argue that the principle has a deeper philosophical and historical understanding, drawing upon the work of both Fukuyama and Kant, and suffuses the European project more generally. A second objective is to see how this conceptualisation allows for a better understanding of the legal framework as developed by the Court of Justice.

Author: Fiorella Schioppa
Publisher: Palgrave Macmillan
ISBN: 9781403934895
Category : Business & Economics
Languages : en
Pages : 288

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Book Description
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This collection looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.

Author: Wouter van Ballegooij
Publisher:
ISBN: 9781780683263
Category :
Languages : en
Pages : 414

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Book Description
There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]

Author: Christine Janssens
Publisher: Oxford University Press
ISBN: 0199673039
Category : Law
Languages : en
Pages : 407

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Book Description
Based on author's dissertation (doctoral)--Universiteit Antwerpen, 2011, under title: The Principle of Mutual Recognition in the EU Internal Market and the EU Criminal Justice Area

Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
ISBN: 1108476961
Category : Law
Languages : en
Pages : 561

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Book Description
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Author: Hans J. Michelmann
Publisher: University Press of America
ISBN: 9780819194558
Category : Business & Economics
Languages : en
Pages : 124

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Book Description
This text offers a multidisciplinary overview of theories of, and academic approaches to, European integration. The authors include four political scientists, an economist, a historian and a legal scholar. They examine critically the theories of European integration, as well as related theoretical and empirical works in political science, sociology and economics.

Author: John A.E Vervaele
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice's case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant.

Author: Michael Calingaert
Publisher: Routledge
ISBN: 0429980329
Category : Political Science
Languages : en
Pages : 205

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Book Description
In this fresh and timely account, Michael Calingaert explores the successes and failures of European economic and political integration, analyzes the factors that will determine its future course, and outlines the directions the European Union is moving in as it approaches the 21st century. Assessing U.S. interests affected by European integration, Calingaert recommends policies for the United States to consider in the face of an increasingly consolidated Europe. With its broad coverage and readable synthesis of a wealth of detailed information, this book will be of interest to students, scholars, and policymakers alike.

Author: Jacques Pelkmans
Publisher: Addison Wesley Publishing Company
ISBN:
Category : Europe
Languages : en
Pages : 376

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Book Description
Recoge: 1.Foundations: What is integration economics?. Developing economic integration in the Union. Economic constitution of the EU. Subsidiarity and economic functions of the Union - 2.Internal market. Product market integration: the method.Product market integration: economic analysis. Services market integration: the method. Services market integration: economic analysis. Factor market integration: the method. Factor market integration: economic analysis - 3.Common Policies. Common agricultural policy. EC competicion policy. Common trade policy. EC industrial policy - 4.Equity, stabilisation and extension. Equity for the Union?. European macroeconomic cooperation. Economic and monetary union. Pan-European Economic Integration.