Suchergebnisse

Principles & Practice in EU Sports Law provides an overview of EU Sports Law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organisations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain. Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the comparison between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition --Front flap of book

What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. 0There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice --

Stephen Weatherill's book is an inquiry into the internal market as an ambiguous legal concept. This volume will consider the vertical distributions of competences between the EU and its Member States and the horizontal distribution of powers between the Court and the legislative institutions of the EU

The thematic argument that forms the core of this book holds that it is important in understanding the European Union's impact on private and especially contract law that the European Union has only a limited competence conferred by its founding Treaties, but that, largely as a consequence of the Court's generous reading of the scope of the internal market, those limits are less of a restraint than may initially be supposed and that, moreover, pursuit of, in short, social justice is less constitutionally elusive than is often alleged. It provides an authoritative account of the actual and possible scope of the European Union's role and also interrogates the question whether the European Union's influence on private and especially contract law is benign or disruptive, in particular in the context of that constitutionally limited competence. This is timely, not least because the Commission's review of contract law, initiated in 2001, has still not run its course and may never do so. It is a continuing process. And the constitutional dimension has tended to be neglected. The book insists on the need for awareness of a complex interaction of often ambiguous constitutional rules, often politically inconsistent institutional rhythms and often evasive judicial pronouncements. And it shows how the European Union's role is not simply a niche area that has grown erratically but ultimately remains on the edges of the European Union's core public law activities, but rather that the rise of European Union private and especially contract law asks some vividly important questions about the principle and practice of conferred competence and about the choice of priorities in market regulation as protective instincts and deregulatory impulses collide. The adjustments made by the Treaty of Lisbon, especially but not only the grant of binding effect to the Charter of Fundamental Rights, have sharpened the interest. Contract Law of the Internal Market is written for both private and EU lawyers

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

The evolution of the European Union -- The sources of the law -- The nature of Union law : supremacy -- The enforcement of Union law : 'Dual vigilance' -- The direct effect of directives -- State liability -- Article 267 : the preliminary reference procedure -- Judicial control of the institutions of the EU -- Law and the economic objectives of the Union -- Fiscal barriers to trade : Articles 30 and 110 TFEU -- Physical and technical barriers to trade : Articles 34-36 TFEU -- Beyond discrimination : Article 34 TFEU -- The free movement of workers : Article 45 TFEU -- Freedom of establishment and the free movement of services : Articles 49 and 56 TFEU -- European citizenship within an area of freedom, security, and justice -- Competition law and policy -- Harmonization and common policy-making --Subsidiarity, flexibility and new forms of governance -- What sort of 'Europe'?

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

With Forewords by Maître Jean-Louis Dupont, Avocat, Belgium and Professor Richard Parrish, Edge Hill University, Ormskirk, UK. European Sports Law: Collected Papers, Second Edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers. Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general. The updated Second Edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M

1. The Challenge of the Regional Dimension in the European Union -- Stephen Weatherill -- 2. Regions and the European Union: Letting them In, and Leaving them Alone -- Charlie Jeffery -- 3. The Participation of Infra-State Entities in European Union Affairs in Spain: the Basque Case -- Joxerramon Bengoetxea -- 4. The Scottish Parliament and the European Union: Analysing Regional Parliamentary Engagement -- Caitríona Carter and Aileen McLeod -- 5. The Case of the Åland Islands-Regional Autonomy versus the European Union of States -- Niilo Jääskinen -- 6. The German Länder: Involvement in EC -- EU Law and Policy Making -- Peter-Christian Müller-Graff -- 7. The Committee of the Regions Today and in the Future-A Critical Overview -- Joakim Nergelius -- 8. Finding a Role for the Regions in Checking the EU's Competence -- Stephen Weatherill -- 9. The Regional Question, Subsidiarity and the Future of Europe -- John Loughlin