The Principle of Legal Certainty in EC Law PDF Download

Author: J. Raitio
Publisher: Springer Science & Business Media
ISBN: 9401703531
Category : Philosophy
Languages : en
Pages : 469

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Book Description
The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

Author: Andrea Teti
Publisher: Springer Nature
ISBN: 3030338835
Category : Political Science
Languages : en
Pages : 349

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Book Description
This book explains why the EU is not a ‘normative actor’ in the Southern Mediterranean, and how and why EU democracy promotion fails. Drawing on a combination of discourse analysis of EU policy documents and evidence from opinion polls showing ‘what the people want’, the book shows EU policy fails because the EU promotes a conception of democracy which people do not share. Likewise, the EU’s strategies for economic development are misconceived because they do not reflect the people’s preferences for greater social justice and reducing inequalities. This double failure highlights a paradox of EU democracy promotion: while nominally emancipatory, it de facto undermines the very transitions to democracy and inclusive development it aims to pursue.

Author: Peter J. Wattel
Publisher: Kluwer Law International B.V.
ISBN: 9403505842
Category : Law
Languages : en
Pages : 863

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Book Description
Peter J. Wattel is Advocate General in the Supreme Court of the Netherlands, State Councillor extraordinary in the Netherlands Council of State and professor of EU tax law at the Amsterdam Centre for Tax Law (ACTL), University of Amsterdam. Otto Marres is professor at the ACTL and tax lawyer at Meijburg & Co., Amsterdam. Hein Vermeulen is professor at the ACTL and Director of PwC’s EU Direct Tax Group. The seventh edition of this two-volume set brings a comprehensive and systematic survey of European Tax Law up to January 2018. It provides a state of the art clarification and analysis of the implications of the EU Treaties and secondary EU law for national and bilateral tax law. From the consequences of the EU free movement rights - to the soft law meant to put a halt to harmful tax competition. The seventh edition of European Tax Law offers a cutting-edge analysis of the field surrounding tax law across Europe. It puts forward a thought-provoking discussion of the current EU tax rules, as well as of the EU Court’s case law in tax matters. Previous editions were highly regarded as a staple overview of EU tax law among EU tax law practitioners, policymakers, the judiciary and academics alike. With its updated legislation and case-law up to January 2018, this new edition maintains its unparalleled depth and clarity as the go-to reference book in the field. This first volume of ‘European Tax Law’ extensively covers: 1. The consequences of the EU free movement rights, the EU State aid prohibition, the EU Charter of Fundamental Rights and the general principles of EU law for national tax law, tax treaties, national (tax) procedure, State liability and relations with third States, as they appear from the case law of the Court of justice of the EU 2. Secondary EU law in force and proposed on direct taxes: the Parent-Subsidiary Directive, the Tax Merger Directive, the Interest and Royalties Directive, cross-border tax dispute settlement instruments, the Anti-Tax Avoidance Directive and the C(C)CTB proposal 3. The exchange of information and other administrative assistance in the assessment and recovery of taxes between the EU Member States 4. Soft Law on Harmful Tax Competition 5. Procedural matters and the extent of judicial protection The upcoming second volume of this set will cover harmonization of indirect taxation, energy taxation and capital duty, as well as administrative cooperation in the field of indirect taxation.

Author: Sharon Hanson
Publisher: Routledge
ISBN: 1317391284
Category : Law
Languages : en
Pages : 801

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Book Description
Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Learning Legal Skills and Reasoning discusses the main sources of English law and explains how to work with legal texts in order to construct credible legal arguments which can be applied in coursework, exams or presentations. Learning Legal Skills and Reasoning Discusses how to find and understand sources of both domestic and European Union Law Develops effective disciplined study techniques, including referencing, general reading, writing and oral skills and explains how to make good use of the university print and e-library Contains chapters on writing law essays, problem questions and examinations, and on oral skills including presentations and mediation skills Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this textbook will be invaluable to law students seeking to acquire a range of discreet legal skills in order to use them together to produce competent assessed work.

Author: Nigel G. Foster
Publisher: Oxford University Press, USA
ISBN: 0199685657
Category : Law
Languages : en
Pages : 601

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Book Description
This textbook is written in an informal and engaging manner with an emphasis on explaining the key topics covered in EU courses with clarity. End of chapter questions encourage students to test and reinforce their own learning.

Author: Liesbet Hooghe
Publisher: Oxford University Press
ISBN: 0192536028
Category : Political Science
Languages : en
Pages : 748

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Book Description
This is the third of five ambitious volumes theorizing the structure of governance above and below the central state. This book is written for those interested in the character, causes, and consequences of governance within the state. This book sets out a measure of authority for seventy-six international organizations (IOs) from 1950, or the time of their establishment, to 2010 which can allow researchers to test expectations about the character, sources, and consequences of international governance. The international organizations considered are regional (e.g. the EU, Andean Community, NAFTA), cross-regional (e.g. Commonwealth of Nations, the Organization of Islamic Cooperation), and global (e.g. the UN, World Bank, WTO). Firstly, the book introduces carefully constructed estimates for the scope and depth of authority exercised by international governments. The estimates are unique in their comparative scope, their specificity, and time span. Secondly, it describes describe broad trends in IO authority by comparing delegation and pooling, over time, across IOs, and across decision areas. Thirdly, it presents the evidence gathered by the authors to estimate international authority by carefully discussing forty-seven international organizations, and showing how their bodies are composed, what decisions each body makes, and how they make decisions. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.

Author: Klaus Arnold
Publisher: John Wiley & Sons
ISBN: 1119161754
Category : Social Science
Languages : en
Pages : 524

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Book Description
A groundbreaking handbook that takes a cross-national approach to the media history of Europe of the past 100 years The Handbook of European Communication History is a definitive and authoritative handbook that fills a gap in the literature to provide a coherent and chronological history of mass media, public communication and journalism in Europe from 1900 to the late 20th century. With contributions from teams of scholars and members of the European Communication Research and Education Association, the Handbook explores media innovations, major changes and developments in the media systems that affected public communication, as well as societies and culture. The contributors also examine the general trends of communication history and review debates related to media development. To ensure a transnational approach to the topic, the majority of chapters are written not by a single author but by international teams formed around one or more lead authors. The Handbook goes beyond national perspectives and provides a basis for more cross-national treatments of historical developments in the field of mediated communication. Indeed, this important Handbook: Offers fresh insights on the development of media alongside key differences between countries, regions, or media systems over the past century Takes a fresh, cross-national approach to European media history Contains contributions from leading international scholars in this rapidly evolving area of study Explores the major innovations, key developments, differing trends, and the important debates concerning the media in the European setting Written for students and academics of communication and media studies as well as media professionals, The Handbook of European Communication History covers European media from 1900 with the emergence of the popular press to the professionalization of journalists and the first wave of multimedia with the advent of film and radio broadcasting through the rapid growth of the Internet and digital media since the late 20th century.

Author: Andrea Gideon
Publisher: Springer
ISBN: 946265168X
Category : Law
Languages : en
Pages : 296

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Book Description
This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

Author: Francesco Montanaro
Publisher: Bloomsbury Publishing
ISBN: 1509963820
Category : Law
Languages : en
Pages : 213

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Book Description
This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.

Author: Andrzej Jakubowski
Publisher: BRILL
ISBN: 9004365346
Category : Law
Languages : en
Pages : 528

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Book Description
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.