The European Union and Member State Territories: A New Legal Framework Under the EU Treaties

The European Union and Member State Territories: A New Legal Framework Under the EU Treaties PDF Author: Fiona Murray
Publisher: Springer Science & Business Media
ISBN: 9067048267
Category : Law
Languages : en
Pages : 281

Book Description
The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.

EU Law of the Overseas

EU Law of the Overseas PDF Author: Dimitry Kochenov
Publisher: Kluwer Law International B.V.
ISBN: 9041142738
Category : Law
Languages : en
Pages : 569

Book Description
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’. Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations

The Treaty of Lisbon amending the treaty establishing the European Union and the treaty establishing the European Community, including the protocols and annexes, and final act with declarations PDF Author: Great BritainForeign and Commonwealth Office
Publisher: The Stationery Office
ISBN: 9780101729420
Category : Political Science
Languages : en
Pages : 300

Book Description
Dated December 2007

Consolidated texts of the EU treaties as amended by the Treaty of Lisbon

Consolidated texts of the EU treaties as amended by the Treaty of Lisbon PDF Author: Great Britain: Foreign and Commonwealth Office
Publisher: The Stationery Office
ISBN: 9780101731027
Category : Political Science
Languages : en
Pages : 340

Book Description
Consolidated texts of the EU treaties as amended by the Treaty of Lisbon

Territorial Cohesion

Territorial Cohesion PDF Author: Dietmar Scholich
Publisher: Springer Science & Business Media
ISBN: 3540717463
Category : Political Science
Languages : en
Pages : 175

Book Description
"Territorial cohesion" strives for a more balanced spatial development and seeks to improve integration throughout the EU. The scientific articles in this volume examine the interpretations of this term, the challenges of European spatial development policy, and the problems and concepts involved in achieving territorial cohesion. Two short reports illustrate the implementation of territorial cohesion on the basis of two research projects.

Europe in 12 Lessons

Europe in 12 Lessons PDF Author: Pascal Fontaine
Publisher:
ISBN: 9789279535901
Category : Europe
Languages : en
Pages : 114

Book Description


The ABC of European Union Law

The ABC of European Union Law PDF Author: Klaus-Dieter Borchardt
Publisher: Office for Official Publications of the European Communities
ISBN:
Category : Law
Languages : en
Pages : 140

Book Description
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

Reinforcing Rule of Law Oversight in the European Union

Reinforcing Rule of Law Oversight in the European Union PDF Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357

Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The Treaty on European Union (TEU)

The Treaty on European Union (TEU) PDF Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
ISBN: 3642317065
Category : Law
Languages : en
Pages : 1821

Book Description
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Collective Management of Copyright and Related Rights

Collective Management of Copyright and Related Rights PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280534653
Category : Law
Languages : en
Pages : 252

Book Description
This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.