The Outer Limits Of European Union Law

Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 1847314961
Size: 60.17 MB
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A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

The Limits To Union

Author: Jonathan Goldberg-Hiller
Publisher: University of Michigan Press
ISBN: 0472030493
Size: 75.12 MB
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Response to deep-seated anxieties over the fragmented nature of community, changing social hierarchies, and economic and national security in the face of globalization. He shows that the legal fate of the same-sex marriage is more than an issue of the social and political acceptance of lesbians and gays as it rapidly becomes a central site for re-imagining the contours of political sovereignty. This book will appeal to advanced undergraduate and graduate students in sociolegal studies, political science, sociology, and gay and lesbian studies.

Air Transport And The European Union

Author: H. Kassim
Publisher: Springer
ISBN: 0230245382
Size: 37.39 MB
Format: PDF, Mobi
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Air Transport and the European Union examines the emergence of the EU as a major actor in aviation. It investigates how the EU was able to develop a common policy despite the existence of an established sectoral regime and against the opposition of most European states and their 'flag carriers'.

The Limits To Union

Author: Jonathan Goldberg-Hiller
Publisher: University of Michigan Press
ISBN: 0472030493
Size: 16.44 MB
Format: PDF, ePub
View: 2592
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Response to deep-seated anxieties over the fragmented nature of community, changing social hierarchies, and economic and national security in the face of globalization. He shows that the legal fate of the same-sex marriage is more than an issue of the social and political acceptance of lesbians and gays as it rapidly becomes a central site for re-imagining the contours of political sovereignty. This book will appeal to advanced undergraduate and graduate students in sociolegal studies, political science, sociology, and gay and lesbian studies.

The Limits Of Sovereignty

Author: Daniel W. Hamilton
Publisher: ReadHowYouWant.com
ISBN: 1459606248
Size: 38.11 MB
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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today's view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

Religion And The Struggle For European Union

Author: Brent F. Nelsen
Publisher: Georgetown University Press
ISBN: 1626160716
Size: 75.84 MB
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In Religion and the Struggle for European Union, Brent F. Nelsen and James L. Guth delve into the powerful role of religion in shaping European attitudes on politics, political integration, and the national and continental identities of its leaders and citizens. Nelsen and Guth contend that for centuries Catholicism promoted the universality of the Church and the essential unity of Christendom. Protestantism, by contrast, esteemed particularity and feared Catholic dominance. These differing visions of Europe have influenced the process of postwar integration in profound ways. Nelsen and Guth compare the Catholic view of Europe as a single cultural entity best governed as a unified polity against traditional Protestant estrangement from continental culture and its preference for pragmatic cooperation over the sacrifice of sovereignty. As the authors show, this deep cultural divide, rooted in the struggles of the Reformation, resists the ongoing secularization of the continent. Unless addressed, it threatens decades of hard-won gains in security and prosperity. Farsighted and rich with data, Religion and the Struggle for European Union offers a pragmatic way forward in the EU's attempts to solve its social, economic, and political crises.

Limits To Eu Powers

Author: Jacob Öberg
Publisher: Bloomsbury Publishing
ISBN: 1509903364
Size: 54.19 MB
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Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

European Union External Environmental Policy

Author: Camilla Adelle
Publisher: Springer
ISBN: 3319609319
Size: 69.26 MB
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This book considers the environmental policies that the EU employs outside its borders. Using a systematic and coherent approach to cover a range of EU activities, environmental issues, and geographical areas, it charts the EU’s attempts to shape environmental governance beyond its borders. Key questions addressed include: What environmental norms, rules and policies does the EU seek to promote outside its territory? What types of activities does the EU engage in to pursue these objectives? How successful is the EU in achieving its external environmental policy objectives? What factors explain the degree to which the EU attains its goals? The book will be of interest to students and academics as well as practitioners in governments (both inside and outside of the EU), the EU institutions, think tanks, and research institutes.

The Division Of Competences Between The Eu And The Member States

Author: Sacha Garben
Publisher: Bloomsbury Publishing
ISBN: 1509913475
Size: 23.85 MB
Format: PDF
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The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.