Pursuit of Legal Harmony in a Turbulent Europe

Pursuit of Legal Harmony in a Turbulent Europe
Title Pursuit of Legal Harmony in a Turbulent Europe PDF eBook
Author Catherine Barnard
Publisher Bloomsbury Publishing
Pages 647
Release 2024-10-17
Genre Law
ISBN 1509977023

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This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

The Rule of Law in the European Union

The Rule of Law in the European Union
Title The Rule of Law in the European Union PDF eBook
Author Theodore Konstadinides
Publisher Bloomsbury Publishing
Pages 268
Release 2017-09-21
Genre Law
ISBN 1509916547

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This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

Shaping EU Law the British Way

Shaping EU Law the British Way
Title Shaping EU Law the British Way PDF eBook
Author Graham Butler
Publisher Bloomsbury Publishing
Pages 691
Release 2022-11-17
Genre Law
ISBN 1509950001

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In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.

EU International Relations Law

EU International Relations Law
Title EU International Relations Law PDF eBook
Author Panos Koutrakos
Publisher Bloomsbury Publishing
Pages 417
Release 2006-04-14
Genre Law
ISBN 1847316948

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In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

The Primacy of Politics

The Primacy of Politics
Title The Primacy of Politics PDF eBook
Author Sheri Berman
Publisher Cambridge University Press
Pages 219
Release 2006-08-07
Genre Political Science
ISBN 1139457594

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Political history in the industrial world has indeed ended, argues this pioneering study, but the winner has been social democracy - an ideology and political movement that has been as influential as it has been misunderstood. Berman looks at the history of social democracy from its origins in the late nineteenth century to today and shows how it beat out competitors such as classical liberalism, orthodox Marxism, and its cousins, Fascism and National Socialism by solving the central challenge of modern politics - reconciling the competing needs of capitalism and democracy. Bursting on to the scene in the interwar years, the social democratic model spread across Europe after the Second World War and formed the basis of the postwar settlement. This is a study of European social democracy that rewrites the intellectual and political history of the modern era while putting contemporary debates about globalization in their proper intellectual and historical context.

A Concise History of the Common Law

A Concise History of the Common Law
Title A Concise History of the Common Law PDF eBook
Author Theodore Frank Thomas Plucknett
Publisher The Lawbook Exchange, Ltd.
Pages 828
Release 2001
Genre Common law
ISBN 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Global Security in a Multipolar World

Global Security in a Multipolar World
Title Global Security in a Multipolar World PDF eBook
Author Feng Zhongping
Publisher
Pages 140
Release 2009
Genre Peace-building
ISBN

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