Suchergebnisse

This unique book, representing the main output of the Jean Monnet Multilateral Research Project granted by the European Commission, is dedicated to the legal and political dimension of the European Union policy towards its Eastern neighbours, namely Ukraine, Belarus, Moldavia, Azerbaijan, Georgia and Armenia. The Eastern Partnership clearly occupies a privileged position in the EU's external relations and constitutes an important ""Eastern axis"" of the European Neighbourhood Policy. The book

Cover -- Title -- Copyright -- Contents -- List of Tables and Figures -- Life of Abbreviations -- Acknowledgements -- 1 Introduction -- Introduction -- The basic argument -- The plan of the book -- The object of study - intergovernmental negotiations in the EU -- A note on leadership and influence -- Can EU institutions be treated as unitary actors? -- A note on the empirical material and sources -- 2 Why and When EU Institutions Matter -- Do EU institutions matter? -- Why is leadership necessary in international negotiations? -- Integration theory and leadership by EU institutions -- A leadership model for when EU institutions matter -- Leadership resources -- The impact of the negotiating context -- The choice ofleadership strategy -- Conclusion -- 3 Negotiating the Single European Act -- Introduction - the high-water mark of Commission influence -- The course of the negotiation of the 1985 IGC -- What did EU institutions want in the 1985 IGC? -- The leadership resources of the EU institutions -- The opportunities for leadership created by the negotiating context -- Leadership by EU institutions in the 1985 IGC -- Conclusion -- 4 Negotiating the Treaty of Maastricht -- Introduction - building the European Union -- The negotiation of the 1990-1 IGCs -- What did the EU institutions want in the 1990-1 IGC? -- Changes in the leadership resources of EU institutions since 1985 -- The opportunities for leadership created by the negotiating context -- Leadership by EU institutions in the 1990-1 IGCs -- Conclusion -- 5 Negotiating the Treaty of Amsterdam -- Introduction - Maastricht left-overs -- The course of the negotiation of the Treaty of Amsterdam -- What did the EU institutions want in the 1996-7 IGC? -- Changes in the leadership resources of EU institutions since 1991 -- The opportunities for leadership created by the negotiating context.

The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.

Award date: February 1995 ; Supervisor: Prof. R. Dehousse ; First made available online: 31 August 2016

Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world?

Award date: 30 November 2015 ; Supervisor: Professor Loïc Azoulai, European University Institute ; This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.

Intro -- Acknowledgements -- Contents -- Introduction -- 1. The Emergence and Growth of Transnational Law -- I. Reaching beyond the Exclusive Statist Focus in EU Law -- II. The Concept of Transnational Law -- III. The Challenges of Transnational Law -- 2. The Theory of Principled Legal Pluralism -- I. A New Theory for a New Legal Polycentricity -- II. From Pluralism to Legal Pluralism -- III. The Theory of Principled Legal Pluralism -- IV. The Advantages of a Theory of Principled Legal Pluralism -- 3. A Pluralist Conception of the EU -- I. Introduction -- II. The Many Conceptions of the EU -- III. The Union in an Historical Perspective -- IV. The EU as a Union -- 4. Transnational Law and the Rule of Law in the EU -- I. Introduction -- II. The Rule of Law in the EU -- III. The Erosion of the Rule of Law under Transnational Law -- IV. Upholding the Rule of Law in the EU under Transnational Law -- V. Improving the Rule of Law in the EU-International Law Relationship -- 5. Transnational Law and Democracy in the EU -- I. Introduction -- II. On the Concept of Democracy -- III. Democracy in the EU -- IV. The Pre-emption of National Democracy in the EU -- V. The Pre-emption of Supranational Democracy -- VI. Assessment from the Perspective of Principled Legal Pluralism -- 6. EU Law, Transnational Law and Human Rights Protection: The Case of Privacy -- I. Introduction -- II. The Right to Privacy between Lex Sportiva and EU Law -- III. The Right to Privacy between Lex Informatica and EU Law -- IV. The EU's Relationship to Lex Sportiva and Lex Informatica Compared -- V. Assessment from the Perspective of Principled Legal Pluralism -- 7. Justice, the EU and Transnational Law -- I. Introduction -- II. Specificities of Justice in the EU -- III. Three Examples of Injustice under Transnational Law -- IV. Principled Legal Pluralism and Justice.

Outer limits of European Union law : introduction / Catherine Barnard and Okeoghene Odudu -- Competence and legitimacy / Stephen Weatherill -- Article 308 EC as the outer limit of expressly conferred community competence / Alan Dashwood -- Which limits? Control of powers in an integrated legal system / Herwig CH Hofmann -- Citizenship and enlargement : the outer limits of EU political citizenship / Jo Shaw -- European police cooperation and its limits : from intelligence-led to coercive measures? / Konrad Lachmayer -- Expanding the frontiers of European Union citizenship by dismantling the territorial boundaries of the national welfare states? / Michael Dougan -- The outer limits of EU citizenship : displacing economic free movement rights? / Niamh Nic Shuibhne -- The outer limits of Article 28 EC : purely internal situations and the development of the Court's approach through the years / Alina Tryfonidou -- Economic activity as a limit to community law / Okeoghene Odudu -- The outer limit of the treaty free movement provisions : some reflections on the significance of Keck, remoteness and Deliège / Eleanor Spaventa -- Derogations, justifications and the four freedoms : is state interest really protected? / Catherine Barnard.

With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.

INTERNATIONAL LAW AND EU LAW -- Sui Generis? The EU as an International Organization / Jan Klabbers -- The Nature of International Law / Anna Sèodersten and Dennis Patterson -- The Development of European Integration and EU Constitutional Reform / Michael Dougan -- The Relationship between EU Law and International Law / Katja S. Ziegler -- The Effect of EU Law / Anthony Arnull. -- EU POLITICAL INSTITUTIONS AND DECISION MAKING -- EU Competences / Paul Craig --The Decision-Making Process / Bruno de Witte -- The EU and Executive Power / Deirdre Curtin -- New Modes of Governance / Mark Dawson -- EU and Democracy / John Erik Fossum. -- THE COURT -- EU Procedural Law / Andrea Biondi and Ravi S. Mehta -- The Court of Justice of the European Union as a Self-Made Statesman / Loèic Azoulai and Zane Rasnaáea -- The Preliminary Rulings Procedure / Allan Rosas --ECONOMIC DIMENSIONS OF THE EU -- The Construction of the Internal Market / Catherine Barnard -- Free Movement of Goods / Miguel Poiares Maduro and Pedro Caro de Sousa -- Freedom of Establishment / Frank S. Benyon -- Free Movement of Capital / Sideek Mohammed Seyad -- The European Economic Constitution and Its Transformation through the Financial Crisis / Christian Joerges -- European Private Law / Hans-Wolfgang Micklitz -- Consumer Protection / Stephen Weatherill -- The Economic and Monetary Union / Roland Bieber -- EU Competition Law in a Global Context / Giorgio Monti -- EU State Aids Law / Piet Jan Slot -- Statecraft, States and the Regulation of Commerce / Ari Afilalo -- THE EUROPEAN UNION AND THE EXTERNAL WORLD -- EU External Relations and the Law / Marise Cremona -- Common Foreign, Security and Defense Policy / Ramses A. Wessel -- European Union Law and International Humanitarian Law / Marco Sassáoli and Djemila Carron -- Emergence of EU Maritime Law / Baris Soyer -- HUMAN RIGHTS, SOCIAL ISSUES, AND THE ENVIRONMENT-- International Human Rights Law / Martin Scheinin -- The EUROPEAN UNION and Human Rights / Sionaidh Douglas-Scott -- EU And Social Policy / Silvana Sciarra -- EU Citizenship / Elspeth Guild -- The International Law of Economic Migration / Joel P. Trachtman -- EU Immigration and Asylum Law / Steve Peers -- International Criminal Law / Roger S. Clark -- EU Criminal Law / Valsamis Mitsilegas -- EU Environmental Law / Maria Lee

The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.

Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer