Member State Interests and European Union Law

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Release : 2019-11-20
Genre : Law
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Book Rating : 192/5 ( reviews)

Member State Interests and European Union Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Member State Interests and European Union Law write by Marton Varju. This book was released on 2019-11-20. Member State Interests and European Union Law available in PDF, EPUB and Kindle. This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Between Compliance and Particularism

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Release : 2019-02-08
Genre : Law
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Book Rating : 828/5 ( reviews)

Between Compliance and Particularism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Between Compliance and Particularism write by Marton Varju. This book was released on 2019-02-08. Between Compliance and Particularism available in PDF, EPUB and Kindle. The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

The Implementation and Enforcement of European Union Law in Small Member States

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Release : 2021-03-11
Genre : Political Science
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Book Rating : 156/5 ( reviews)

The Implementation and Enforcement of European Union Law in Small Member States - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Implementation and Enforcement of European Union Law in Small Member States write by Ivan Sammut. This book was released on 2021-03-11. The Implementation and Enforcement of European Union Law in Small Member States available in PDF, EPUB and Kindle. The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

A Constitutional Order of States?

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Release : 2011-03-03
Genre : Law
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Book Rating : 360/5 ( reviews)

A Constitutional Order of States? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Constitutional Order of States? write by Anthony Arnull. This book was released on 2011-03-03. A Constitutional Order of States? available in PDF, EPUB and Kindle. This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

The Principle of Loyalty in EU Law

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Release : 2014
Genre : Law
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Book Rating : 123/5 ( reviews)

The Principle of Loyalty in EU Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Principle of Loyalty in EU Law write by Marcus Klamert. This book was released on 2014. The Principle of Loyalty in EU Law available in PDF, EPUB and Kindle. 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.