The Impact of European Rights on National Legal Cultures PDF Download

Author: Miriam Aziz
Publisher: Bloomsbury Publishing
ISBN: 1847310095
Category : Law
Languages : en
Pages : 220

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Book Description
This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.

Author: Roberto Caranta
Publisher:
ISBN: 9789089521903
Category : Comparative law
Languages : en
Pages : 0

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Book Description
The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand, the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues. As such, the Convention is an ideal testing ground upon which to study how legal principles, rules, and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis, from a legal cultural approach to the law in the EU and 8 Member States, provides a much richer picture about how the Aarhus Convention has been implemented and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions. Additionally, the research assesses how far a common European legal culture has developed in core areas, not just an environmental but in administrative and, to a large extent, constitutional law. The book provides and updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States, and will be useful to academics and practitioners alike. About the editors Roberto Caranta is full professor of Administrative law with the Law Department of the University of Turin (Italy). Anna Gerbrandy professor of Competition Law at the Europa Institute of Utrecht University School of Law, the Netherlands. Dr. Bilun Mueller, LL.M. (Bruges) works at the Federal Ministry for Economic Affairs and Energy, Berlin. [Subject: EU Law, European Law, Comparative Law]

Author: Bart Wauters
Publisher: Edward Elgar Publishing
ISBN: 1786430762
Category : History
Languages : en
Pages : 293

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Book Description
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Author: Helen Keller
Publisher:
ISBN: 0199535264
Category : Law
Languages : en
Pages : 893

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Book Description
"In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.

Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author: Åse B. Grødeland
Publisher: Cambridge University Press
ISBN: 1316352072
Category : Law
Languages : en
Pages : 589

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Book Description
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.

Author: Randall Lesaffer
Publisher: Cambridge University Press
ISBN: 0521877989
Category : History
Languages : en
Pages : 561

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Book Description
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author: Dawid Bunikowski
Publisher: Cambridge Scholars Publishing
ISBN: 1443862576
Category : Law
Languages : en
Pages : 235

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Book Description
This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

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.