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European Union law : a very short introduction
The European Union is rarely out of the news and, as it deals with the consequences of the Brexit vote and struggles to emerge from the eurozone crisis, it faces difficult questions about its future. In this debate, the law has a central role to play, whether the issue be the governance of the eurozone, the internal market, 'clawing back powers from Europe' or reducing so-called 'Brussels red tape'. 00In this Very Short Introduction Anthony Arnull looks at the laws and legal system of the European Union, including EU courts, and discusses the range of issues that the European Union has been given the power to regulate, such as the free movement of goods and people. He considers why an organisation based on international treaties has proved capable of having far-reaching effects on both its Member States and on countries that lie beyond its borders, and discusses how its law and legal system have proved remarkably effective in ensuring that Member States respect the commitments they made when they signed the Treaties. Answering some of the key questions surrounding EU law, such as what exactly it is about, and how it has become part of the legal DNA of its Member States so much more effectively than other treaty-based regimes, Arnull considers the future for the European Union -- Source other than Library of Congress.
Book
The limits of transnational law : refugee law, policy harmonization and judicial dialogue in the European Union
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
eBook
The Limits of Legal Reasoning and the European Court of Justice
The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
eBook
Constitutional Pluralism in the European Union and Beyond
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders–most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the ‘traditional’ European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism–some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called ‘the founding fathers of constitutional pluralism’, others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
eBook
Beyond minimum harmonisation : gold-plating and green-plating of European environmental law
\"This book explains the functioning of shared competences in environmental protection by focusing on Member States interaction with the EU framework. By studying this interaction, Squintani reveals the room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU\"-- Provided by publisher.
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The Financialisation of the Citizen
This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, overindebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules. Hart Studies in Commercial and Financial Law: Volume 1
eBook
Rightful Relations With Distant Strangers
This book provides a philosophical critique of legal relations between the EU and ‘distant strangers’ neither located within, nor citizens of, its Member States. Starting with the EU’s commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in ‘all its relations with the wider world’, Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant’s philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centring the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant’s final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction) and also critiques the widespread identification of the EU as a Kantian federation of peace. Volume 12 in the series Law and Practical Reason
eBook