Suchergebnisse

Foreword -- Contents -- Thomas Giegerich | European Integration v. the Inalienable Core of German Statehood -- 1. The Traditional Political Finality of European Integration -- 2. The Current Crisis of the European Integration Project -- 3. Recent Proposals for Deepening the European Integration as a Way Out of the Crisis -- 4. The Irreconcilability of Rationality and Political Psychology in EU Affairs -- a) How to Improve the Democratic Accountability of the EU -- b) How to Reduce the Size of the Commission -- c) How to Determine the Seat of the European Parliament -- 5. The German Federal Constitutional Court's List of Non-Transferrable State Competences -- 6. The Gate-keeping Function of the German Federal Constitutional Court with Regard to the European Integration Process -- a) The Federal Constitutional Court Permits Every Voter to Lodgea Complaint against Treaty Revisions -- b) How Would the European Court of Human Rights Decide onAnalogous Applications by Individual Voters? -- 7. National Fundamental Rights Protection as an Inalienable National Policy Domain -- a) The Åkerberg Fransson Opinion of the Court of Justice of the EU and the Reaction of the Federal Constitutional Court -- b) Should the EU Have More Power to Monitor the Member States' Human Rights Record? -- 8. Is there a Uniform Approach in the Member States withregard to Inalienable National Policy Domains? -- 9. The Equilibrium Concept for a More PerfectEuropean Union -- Eirik Holmøyvik | Europe and Norwegian constitutionalism 1814 -2014: From the relationship between Parliament and King to the EEA -- 1. Introduction -- 2. The Norwegian constitution of 1814 and its Europeancontext -- 2.1. The European context -- 2.2. The Norwegian 1814 constitution -- 3. 1814 -1884: Constitutional struggles -- 3.1. Constitutional developments in post 1814 Europe

Intro -- Foreword -- Contents -- Introduction -- References -- Part I: Historical and Juridical Contexts for the Status Within European Union Law -- Historical Overview of the Status Topic -- 1 Status in Ancient Rome -- 1.1 Status in the Language of the Romans -- 1.2 The Community Concept of Personal Status Within the Romans -- 1.3 The Stability of Personal Status -- 2 Status in the Medieval Age -- 3 Status and Legal Capacity: The Theory of the Three Status (XVI-XVIII Centuries) -- 4 French Revolution -- 5 Henry Sumner Maine's Theory (Ancient Law: 1861) -- 6 Status and State -- 7 Persistence of Community Theories in the Face of Individualistic-Egalitarian Theories in the Most Recent Civil Doctrine -- References -- From Cosmopolitan Individual Status (French Civil Code of 1804) and "l'exercice des droits civils" to EU Citizenship -- 1 Introduction -- 2 Code Napoléon and How the Concept of Legal Capacity Has Evolved into Individual Supra-Regional Status -- 3 EU Citizenship As Fundamental to EU Individuals' Status and "l'exercice des droits civils" in the Member State of Destination -- 4 The 'Enjoyment of Civil Rights' As an Instrument for Fulfilment of the Non-discrimination Principle -- 5 Conclusions -- References -- Part II: Dictionary of European Union Statuses -- Administrative Judges in Europe -- 1 The Reasons Why There Are Administrative Judges in European Legal Systems -- 2 The Characteristics of the Review Carried Out by the Administrative Judge in Some European Legal Systems -- 3 The Role of the Case Law of the Court of Justice and the European Court of Human Rights as the Main Instrument for the Progressive Establishment of a European Process Model -- References -- Artist -- 1 Introduction -- 2 The Legal Scheme -- 3 European Union and International Legal Framework -- 4 Conclusion -- Asylum Seeker -- 1 Introduction.

The picture of Brussels-based bureaucrats exercising arbitrary executive powers is one of the favourite images conjured by Eurosceptics across the political spectrum. This book offers a richer understanding of the nature of the EU's powers, how they relate to national governments, and how they are controlled

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the General Secretariat of the Council of the European Union for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; File in English and in Maltese ; Documents concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union ; N/A

Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law

Intro -- Contents -- 1. The Changing European Union: A Critical View on the Role of Law and the Courts -- I. Challenges which the EU is Facing -- II. Addressing the Challenges -- III. The Role of Courts in a Changing EU -- IV. Substantive Areas Triggering Structural Change in EU Law -- PART I: THE ROLE OF COURTS IN A CHANGING EUROPEAN UNION -- 2. Judicial Dialogue in a Changing World: Preserving Judicial Independence -- I. Introduction -- II. The Rule of Law as the Law of Remedies -- III. Judicial Independence, the Preliminary Reference Mechanism and the Effective Protection of EU Rights -- IV. Judicial Independence and Mutual Trust -- V. Concluding Remarks -- 3. The Rule of Law and Adjudication of the Court of Justice of the European Union -- I. Introduction -- II. Conceptualising the Rule of Law -- III. Adjudication of the Court of Justice -- IV. Conclusion -- 4. Pragmatism, Innovation and Prophecy: Conjectures Concerning the Grounds of Belief in an Inventive Court -- I. The Enigma -- II. Pragmatism -- III. Entrepreneurship -- IV. Decisionism and Prophecy -- V. Political-Theological Coda -- 5. Analytics and European Union Courts: The Case of Trademark Disputes -- I. Introduction -- II. Covid Technological Transformation -- III. Effective Access to EU Justice -- IV. AI-Powered Legal Tools in the EU Justice System -- V. Implications for Courts/AI and Court Processes -- VI. Conclusion -- PART II: SUBSTANTIVE AREAS TRIGGERING STRUCTURAL CHANGE IN EU LAW -- 6. The Beauty and the Beast: Is European Union Internal Market Law 'Over-Constitutionalised'? -- I. Introduction -- II. The Beauty -- III. The Beast -- IV. Over-Constitutionalisation -- V. How Free Movement Law should be Interpreted and Applied (and Normally is) -- VI. Conclusion.

Some temptations are just too great to pass up, both for Boris Johnson and me. The British PM has found a novel way of setting the Brexit cats among the international order pigeons and for my part, even though I should know better, I can't resist writing about it. Of course, I'm referring to the Internal Market bill and the UK government's breach of international law, albeit "a very specific and limited" breach, and, of course, not "in a way" that the Justice secretary would "find unacceptable".

Defence date: 6 November 2015 ; Examining Board: Professor Loïc Azoulai, EUI (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary University, London; Professor Niamh Níc Shuibhne, University of Edinburgh ; The aim of this thesis is to analyse the extent to which criminal law can contribute towards our understanding of Union citizenship and of the political community of the Union. In carrying out this task it adopts a particular perspective on both criminal law and Union citizenship. Firstly, it adopts the criminal law theory developed by RA Duff, premised on the notions of citizenship and community; crimes are viewed as public wrongs, committed against the community. Individuals are held responsible as citizens and are called to account before the community. Secondly, it adopts a particular account of Union citizenship based on a distinction between transnational dimensions and supranational dimensions. The transnational dimension is then broken into two sub-dimensions based on the concepts of social integration and autonomy or a space of free movement. The role of criminal law in these dimensions of Union Citizenship is analysed in the main body of the thesis. Two chapters consider the role of criminal law in social integration in the context of the acquisition of residence rights and the serving of sentences. Two chapters consider the parallels between the autonomy of Union citizens that results in a single space of movement, and the area of justice as it is constructed through the European Arrest Warrant and the operation of a transnational ne bis in idem principle. A final substantive chapter details the competence of the Union to adopt legislation criminalising certain conduct and the extent to which this can be said to contribute to the formation of a community at a supranational level. A conclusion brings together the findings of the thesis in relation to Union citizenship and considers the implications for the structure of the political community in the Union. It is suggested the national remains the main site for communities in the Union. However, transnational processes associated with Union citizenship trigger the emergence of certain supranational norms and ultimately a composite, complementary supranational community.

This is the companion volume to the second edition of Philippe Sands' Principles of International Environmental Law and Sands and Galizzi's Documents in International Environmental Law. It comprises extracts from essential EC Treaties, Regulations, Directives, Decisions and other Acts of EC institutions. EC environmental legislation represents one of the most complex and challenging legal regimes for the protection of the environment. The significant body of legislation which now exists has given rise to numerous disputes over its application and interpretation. This collection brings together the principal documents in an accessible form, providing practitioners, scholars and students with the essentials necessary to understand, advise upon and apply this body of law. Concise editorial notes summarise the main provisions of the instruments reproduced and place them in their wider context