Author: Paul Beaumont
Publisher: Hart Publishing
ISBN: 184113211X
Category : Law
Languages : en
Pages : 289

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Book Description
This book examines the extent to which the EU has brought about and should bring about convergence of law in Europe.

Author: Sacha Prechal
Publisher: Oxford University Press, USA
ISBN: 0199232466
Category : Law
Languages : en
Pages : 574

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Book Description
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.

Author: Sacha Prechal
Publisher: OUP Oxford
ISBN: 0191552534
Category : Law
Languages : en
Pages : 580

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Book Description
The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.

Author: Elaine Fahey
Publisher: Bloomsbury Publishing
ISBN: 1509934391
Category : Law
Languages : en
Pages : 336

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Book Description
This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology.

Author: Patrick J. Birkinshaw
Publisher: Kluwer Law International B.V.
ISBN: 9041198016
Category : Law
Languages : en
Pages : 616

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Book Description
The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.

Author: Luke Nottage
Publisher:
ISBN:
Category :
Languages : en
Pages : 37

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Book Description

Author: Pekka Aalto
Publisher: Bloomsbury Publishing
ISBN: 1847318452
Category : Law
Languages : en
Pages : 278

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Book Description
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Author: Jack Beatson
Publisher: Hart Publishing
ISBN: 1901362248
Category : Law
Languages : en
Pages : 215

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Book Description
From two symposia in the winter and spring of 1997 at Cambridge, England, 13 essays analyze a cluster of issues arising in the European Union public law arena. Some deal with issues of liability and the availability of remedies in European and domestic law. Others take a broader view, looking at the phenomenon of cross-fertilization among national legal systems and between national systems and European Union law. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Author: Heli Askola
Publisher: Bloomsbury Publishing
ISBN: 1847313523
Category : Law
Languages : en
Pages : 238

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Book Description
The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

Author: Guillaume Tusseau
Publisher: Springer Nature
ISBN: 3030344320
Category : Law
Languages : en
Pages : 343

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Book Description
The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.