Reinforcing Rule of Law Oversight in the European Union

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Release : 2016-10-13
Genre : Law
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Book Rating : 888/5 ( reviews)

Reinforcing Rule of Law Oversight in the European Union - 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 Reinforcing Rule of Law Oversight in the European Union write by Carlos Closa. This book was released on 2016-10-13. Reinforcing Rule of Law Oversight in the European Union available in PDF, EPUB and Kindle. This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The Rule of Law in the European Constitution

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Release : 1999-07-15
Genre : Law
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The Rule of Law in the European Constitution - 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 Rule of Law in the European Constitution write by Maria Fernaandez Esteban. This book was released on 1999-07-15. The Rule of Law in the European Constitution available in PDF, EPUB and Kindle. The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.

The Law of the European Union and the European Communities

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Release : 2018-09-28
Genre : Law
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Book Rating : 124/5 ( reviews)

The Law of the European Union and the European Communities - 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 Law of the European Union and the European Communities write by Pieter Jan Kuijper. This book was released on 2018-09-28. The Law of the European Union and the European Communities available in PDF, EPUB and Kindle. The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The Rule of Law in the European Union

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Release : 2017-09-21
Genre : Law
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Book Rating : 547/5 ( reviews)

The Rule of Law in the European Union - 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 Rule of Law in the European Union write by Theodore Konstadinides. This book was released on 2017-09-21. The Rule of Law in the European Union available in PDF, EPUB and Kindle. This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The Rule of Law in Europe

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Release : 2021
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Book Rating : 027/5 ( reviews)

The Rule of Law in Europe - 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 Rule of Law in Europe write by María Elósegui. This book was released on 2021. The Rule of Law in Europe available in PDF, EPUB and Kindle. This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.