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Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - national, EU and ECHR. This book focuses on the potential for conflict to emerge between the systems in their interpretation of human rights, and presents as a solution a theory of international judicial dialogue to resolve conflicts.
Dimitrios Kyriazis investigates the use of state aid rules against national tax measures, examining ECJ judgments of the early 2000s as well as the recent Commission decisions and investigations into tax schemes and individual tax rulings.
The European Union principle of subsidiarity was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. This book analyzes these reforms and the reluctance to implement them, and argues that the principle will not be able to perform this protective role effectively.
This book explores the relationship between European Union law, culture, and identity. It illustrates how cultual issues permeate all aspects of Community law; shaping the development of policies in areas as diverse as internal and external trade, education, sport, language use, and the mass media.
How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.
This book offers the first in-depth analysis of a pressing issue in the European Union: ensuring democratic oversight and fundamental rights in light of a growing official secrets architecture embedded in security policies.
This book outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?
A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.
Analysing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.
The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.
The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.
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.
This book offers the first overarching examination of constitutional pluralism in the European context. Mapping the leading work to date, it offers a critical assessment of the problems and potential of pluralist theory, arguing that a refined version of constitutional pluralism should be considered the best account of European constitutionalism.
New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.
Examines how political decisions are taken in the European Union and who influence them, touching upon some of the most central aspects of democracy. This book argues that much of the responsibility for adopting EU-legislation, is exercised by the Brussels-based Commission, rather than the Council of Ministers or the European Parliament.
A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis. Tackling the uncertain future of economic and fiscal integration, it focuses on the constitutional obstacles to integration and provides a compelling account of key dilemmas facing the European Union today.
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
This book considers what combating racism means in the context of the enlarged EU, and examines the extent to which ethnic equality objectives have, in practice, been integrated within EU law and policy, exploring the effects in the key areas of employment, education, health and housing, immigration, and criminal law.
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
This book examines the law and regulation of public services though public employment services (job-placement and vocational training), revealing interaction and conflict between economic and social aims of the EU and between regulation at national and supranational levels.
This book presents a critical assessment of the principles governing the enforcement of EC environmental law. It argues that the general case law on rights and remedies in EC law can, and should, be applied in environmental litigation, and maps out the legal justification for more effective enforcement through individual prosecution.
This book compares how and why the European Court of Justice, the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.
This book provides a timely and topical overview of recent developments in EU anti-discrimination law. Examining in particular discrimination on the grounds of race and sexual orientation, it provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001.
The European legal system was not always as effective as it is now at influencing state behaviour and compelling compliance. This book explains why national courts took on a role enforcing European law against their governments, and why governments accepted a change that compromised sovereignty.
In order to meet the economic and environmental challenges faced by the European farming industry, the EU has advocated a "European Model of Agriculture" to provide a competitive and diverse agricultural sector. This title analyses whether the legislative framework for this model can deliver these policy objectives.
This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.
This book investigates the Court of Justice's practice of deferring to Member State authorities in free movement law, examining the decision-making latitude accorded to national institutions by means of two deference doctrines, the margin of appreciation and decentralised judicial review.
Through a close study of social policy developments from 1957 to 2014, this book examines how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision making process.
This monograph aims to take an interdisciplinary approach to the questions of who is accountable for the European Union's extraterritorial peacebuilding activities and to whom, combining tools of legal scholarship with insights from political science research.
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