Compliance And The Enforcement Of Eu Law

Author: Marise Cremona
Publisher: Oxford University Press
ISBN: 019964473X
Size: 45.79 MB
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The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed sophisticated enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

Collected Courses Of The Academy Of European Law 1997 European Community Law

Author: Academy of European Law
Publisher: Kluwer Law International
ISBN: 904111579X
Size: 20.26 MB
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The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

The Principle Of Loyalty In Eu Law

Author: Marcus Klamert
Publisher: Oxford University Press
ISBN: 0199683123
Size: 79.66 MB
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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

Cambridge Yearbook Of European Legal Studies

Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 1847316212
Size: 22.13 MB
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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 12 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward

Eu External Relations Law

Author: Piet Eeckhout
Publisher: Oxford University Press
ISBN: 0199606633
Size: 26.86 MB
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Rev. ed. of: External relations of the European Union legal and constitutional foundations / Piet Eeckhout. [1st ed.] 2004.

Collected Courses Of The Academy Of European Law Recueil Des Cours De L Acad Mie De Droit Europ En

Author: Academy of European Law Staff
Publisher: Springer Science & Business Media
ISBN: 9401710740
Size: 32.90 MB
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Your invitation to me, as the President of the European Court of Human Rights, to conclude this year's study programme on the protection of hu man rights in Europe by delivering the prestigious Winston Churchill lec ture is a great honour not only for me personally but for the European Court of Human Rights as a whole, and I should like to thank the European Uni versity Institute and its Academy of European Law most warmly for giving me this opportunity. You are fortunate to have had the opportunity of following a week long general course on the protection of human rights in Europe given by my col league and friend Carl Aage N0rgaard, the President of the European Commission of Human Rights. To speak after hirn, in order to bring to a close your study programme, makes my task in some respects easier be cause I can take it for granted that you now have a clear and comprehensive understanding of the guarantees and the functioning of the European Con vention on Human Rights. On the other hand, it is, I must confess, not without a certain apprehension that I take the floor at this juncture because I am very weIl aware of how difficult it is to keep the attention of an audi ence which has had the privilege of hearing Carl Aage N0rgaard on more or less the same subject.

Eu Migration Law

Author: Loïc Azoulai
Publisher: OUP Oxford
ISBN: 0191018139
Size: 13.34 MB
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Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.

The Internal Market As A Legal Concept

Author: Jacques Delors Professor of European Law Stephen Weatherill
Publisher: Oxford University Press
ISBN: 0198794800
Size: 35.17 MB
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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. There 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.

Access To Justice As A Human Right

Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Size: 32.46 MB
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

The Frontiers Of Human Rights

Author: Nehal Bhuta
Publisher: Oxford University Press
ISBN: 019876927X
Size: 71.35 MB
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In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.