Suchergebnisse

1. The EU : history, institutions and sources of law -- 2. Enforcement actions against member states and preliminary rulings -- 3. European law supremacy and direct effect -- 4. Indirect effect and state liability -- 5. Free movement of goods 1 : articles 28-30 and 110 TFEU -- 6. Free movement of goods 2 : articles 34-36 TFEU -- 7. Personal mobility : citizenship and free movement of persons -- 8. Freedom of establishment and freedom to provide services -- 9. Competition law 1 : article 101 TFEU -- 10. Competition law 2 : article 102 TFEU.

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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.

Intro -- Contents -- List of Figures -- 1. The Juris Touch -- 2. The Political Economy of Eurolegalism -- 3. Europe's Shifting Legal Landscape -- 4. Securities Regulation -- 5. Competition Policy -- 6. Disability Rights -- 7. Conclusion -- Notes -- References -- Acknowledgments -- Index.

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.

Beset by disagreement and challenges to its legitimacy and effectiveness, the EU could be said to be at a crisis point. The debates are myriad and complex, the literature vast and conflicting. This Oxford handbook provides an invaluable guide to understanding the critical debates in the field, pointing the direction for future research.

Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.

How does the European Union (EU) function, and why does it function in this fashion? Why do states in Europe choose to co-operate, and how does the EU enable this co-operation? These key questions of EU law and more are examined and answered in this introduction to the legal integration of the EU

This book''s principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States.

Part I: lawmaking in EC law -- Setting the scene -- Sources of EC law and EC legislation -- Guiding principles for legislation -- Part II: Community soft law instruments -- Introduction to the concept of soft law in EC law -- Categories and functions of soft law -- Part III: legal issues of Community soft law -- Legally binding force -- The competence to adopt soft law -- Indirect legal effects for the legislature -- Indirect legal effects for the judiciary -- Indirect legal effects for the executive -- Part IV: summary, conclusions and recommendations -- The use of Community soft law evaluated.

Cover -- Half Title -- Title -- Copyright -- Contents -- Preface and Acknowledgements -- Alphabetical List of Cases before the European Court of Justice -- Alphabetical List of Cases before the European Court of First Instance -- Cases before English Courts -- Numerical List of Cases before the European Court of Justice -- Opinions of the Court of Justice adopted on the basis of Article 300 EC -- Numerical List of Cases before the European Court of First Instance -- Part I Introduction -- 1 Law and Economic Integration in the European Union -- 1.1 Introducing this Book -- 1.2 The Approach Taken in this Book -- 1.3 Terminology, Treaty Articles and Reform Processes -- 1.4 Regional Systems of Economic Integration and Different Levels of Economic Integration -- 1.5 Key Terms in European Economic Integration -- 1.6 The Economic Benefits of Integration -- 1.7 Economic Integration and the Social Dimension -- 1.8 The Links between Socio-economic Integration and Political Integration in a Globalising Economy -- 1.9 The Objectives of the European Union and the Legal Framework for Policy-Making in the Socio-economic Domain -- 1.10 Overview of the Structure and Contents of this Book -- Summary -- Exercises -- Further Reading -- Key Websites -- 2 Law, Policy and Socio-economic Governance -- 2.1 Introduction -- 2.2 Market Economies, State Intervention and the Exercise of Governmental Power -- 2.3 The Concept of 'Governance' -- 2.4 Institutions of Socio-economic Governance -- 2.5 Instruments of Socio-economic Governance -- 2.6 Constitutional Principles underlying Economic and Social Law: Concepts of Competence -- 2.7 Principles Governing the Exercise of Powers by the EU -- 2.8 Flexibility, Enhanced Cooperation and Opt-outs -- Summary -- Exercises -- Further Reading -- Key Websites -- Part II The Internal Market.

Providing a comprehensive analysis of the administration of the European Union, this book examines the law and the legal framework within which it operates. Looking at the diverse approaches, techniques, and structures of public administration, it assesses the solutions they offer to political, social, and economic problems.

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