Search results for: the-law-of-the-european-union-and-the-european-communities

European Convention on Human Rights in the Context of the European Union Law

Author : Sead S. Fetahagić
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Seminar paper from the year 2003 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 8/10, University of Sarajevo (Centre for Interdisciplinary Postgraduate Studies), course: European Studies, language: English, abstract: The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union. The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states. Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements. To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.

European Union Institutions and Law

Author : Jacques N. Couvas
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"European Union: Institutions and Law" aims at familiarising management students, managers and executives with the institutional structure of the European Union, its legal system, and the decision-making process after the adoption by the Member States of the Treaty of Lisbon. It may also prove useful to students of political sciences and economics. Managers and executives, from EU Member States and from third countries, will find answer to practical questions concerning the role of the Commission, the Council and the Court, and their impact on business issues. In addition to covering the main subjects of constitutional, law-giving and competition policy of the EU, the author discusses the need for the Union to further reform its operating frame in order to set the foundation for 'Europe of the 21st century', and outlines possible scenarios for doing so.

European Union Institutions Law Trade Future 2nd Edition A5 reprint

Author : Jacques Couvas
File Size : 53.7 MB
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The Second Edition of this book reviews the fundamental principles of the Institutions and Law of the European Union and expands on EU Competition Policy, international trade with third countries, and enlargement strategy, including the access to membership by Turkey. The new edition features updates on regulatory and policy developments up to summer 2016 and critically examines Europe's situation, following the crises in 2015 and 2016. The author critically evaluates the recent positions taken, and predictions made, by politicians and academics in respect to the Union's future direction. He presents his own views and discusses potential developments in the shape of of the EU in the coming decades. The book is of academic content and standards, but it is written in a style that can appeal to students and executives with non-legal background.

The Relationship Between European Community Law and National Law

Author : University of Cambridge. Research Centre for International Law
File Size : 37.9 MB
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This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1994 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Major recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases and detailed index.

The Concept of Legislation in European Community Law

Author : Alexander Türk
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A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.

Oxford Principles of European Union Law

Author : Robert Schütze
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Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

The Law of EU External Relations

Author : Jan Wouters
File Size : 37.97 MB
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The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

Competition law in the European Communities

Author : Commission of the European Communities
File Size : 89.81 MB
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EU External Relations Law

Author : Bart Van Vooren
File Size : 20.95 MB
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"This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional principles, and elaborating upon them in policy-specific chapters ranging from common commercial policy and development policy over CFSP/CSDP and AFSJ to energy and enlargement policy. Specific attention is given to the relationship between European integration, the role of law, and the EU as an effective international actor. Designed for easy navigation, chapters include key objectives, summaries and textboxes, which frame key issues and guide the reader through the functioning of legal principles. Students gain a detailed understanding of the historical development, context and present functioning of EU external relations law in a highly politicised European and international environment"--

International Law as Law of the European Union

Author : Enzo Cannizzaro
File Size : 61.87 MB
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With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.