Constructing Legal Systems European Union In Legal Theory

Author: N. MacCormick
Publisher: Springer Science & Business Media
ISBN: 9401711526
Size: 50.90 MB
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Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Philosophical Foundations Of European Union Law

Author: Julie Dickson
Publisher: Oxford University Press
ISBN: 0199588775
Size: 13.47 MB
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This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.

The Judicial Construction Of Europe

Author: Alec Stone Sweet
Publisher: OUP Oxford
ISBN: 0191608483
Size: 56.43 MB
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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Visa Policy Within The European Union Structure

Author: Annalisa Meloni
Publisher: Springer Science & Business Media
ISBN: 3540289712
Size: 50.26 MB
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The book focuses on the common visa policy as a case study on the constitutional structure of the European Union. After introducing the nature of visas, the book concentrates on the difficulties in forging a common visa policy at European level. Cooperation on visas has been characterized by a continuous reformulation of the framework for cooperation. The book describes cooperation before the Treaty on European Union adopted at Maastricht, under the Maastricht Treaty, and under the Treaty of Amsterdam. Furthermore, the book traces the essential characteristics of the common visa policy.

Eurolegalism

Author: R. Daniel Kelemen
Publisher: Harvard University Press
ISBN: 0674061055
Size: 32.13 MB
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Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.

The European Union S Foreign And Security Policy

Author: Ramses A. Wessel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041112651
Size: 26.78 MB
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The common foreign and security policy (CFSP) of the European Union and its member states reflects an unprecedented form of international cooperation on the borderline between international law and European Community law. While more 'supranational' European community, CFSP in this book is presented as a form of legal cooperation that is far from informal. The former diplomatic European Political Cooperation has developed into a policy in which the states still play an important role, but where their competences are shared with the international organisation called the European Union. Conclusions on the interpretation of the 'CFSP legal order' and on the legal status of the European Union are based on a thorough analysis of the purposes and scope of CFSP, the decision-making procedures, the nature of the CFSP decisions, the existing supervisory mechanisms and the competences of the European Union. The book addresses the key issues of international institutional law in an original and clarifying manner. This makes the book not only a valuable source for academics working in European Union law and international institutional law in general, but also for practitioners involved in national and European foreign policy making. The book contains an extensive bibliography as well as a list of adopted CFSP decisions.

Maccormick S Scotland

Author: Neil Walker
Publisher: Edinburgh University Press
ISBN: 0748649301
Size: 10.17 MB
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A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

Convergence And Divergence In European Public Law

Author: P. R. Beaumont
Publisher: Hart Publishing
ISBN: 184113211X
Size: 44.48 MB
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This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU; of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU; the cross-fertilization of administrative law concepts between the EU level and the national level; the need for and legitimacy of a European Union competence on human rights; and whether private law and public law differ in the extent to which they reflect national culture and therefore in the extent to which they are amenable to convergence.

The National Courts Mandate In The European Constitution

Author: Monica Claes
Publisher: Bloomsbury Publishing
ISBN: 1847312187
Size: 50.88 MB
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The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.