external relations law of the european community legal reasoning and legal discourses european monographs

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External Relations Law Of The European Community

Author : Rass Holdgaard
ISBN : 9789041126047
Genre : Law
File Size : 75. 31 MB
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External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these 'dynamics' are to be understood, assessed and systematically applied. This pragmatic outlook reduces the importance and value of a self-reflective, rational and coherent legal language. Second, most legal analyses tend to focus only on narrow segments of the ECJ's case law, often taking as their points of departure individual cases or a group of topically related cases. This 'commentary' approach disregards the general inter-connectedness of legal structures and the recurring meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language - both theoretically and practically - in the field of EC external relations: The first two parts of the book provide, with extensive references, an in-depth legal analysis of a wide range of topics pertaining to: the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and the reception and application of rules of international law within the Community area, including the way in which international law enters Community law. In these parts of the book, the aim is to reconstruct the core areas of the Community's external relations law in a coherent and systematic manner. In the third part of the book, the author develops and applies a theoretical and methodological framework inspired by discourse analysis. This novel approach is used to identify and describe some of the most significant legal discourses in EC external relations. This part of the book provides - from an orthodox lawyer's perspective - an accessible account of a number of theoretical and analytical issues, including: the social construction of law and legal reasoning, the role of discourses in this construction; basic building blocks for a discourse analysis in law; and how to integrate discourse analysis and discourse analytical insights into an orthodox legal analysis with a view to bring out the restraints and possibilities in various strands of legal reasoning and legal meaning configurations. From a number of new perspectives, the study analyzes some of the most central and durable legal doctrines in EC external relations law, and shows how the construction of these doctrines affects the future development of this area of law. In this way, the book provides new knowledge about topics that continue to be at the heart of debates concerning the EU's external dimension.

The European Union Legal Order After Lisbon

Author : Patrick Birkinshaw
ISBN : 9789041131522
Genre : Law
File Size : 80. 36 MB
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In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

Multilingual Interpretation Of European Union Law

Author : Mattias Derlén
ISBN : 9789041128539
Genre : Law
File Size : 52. 69 MB
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At head of title: Kluwer Law International

The Eclipse Of The Legality Principle In The European Union

Author : Sacha Prechal
ISBN : 9789041132628
Genre : Law
File Size : 72. 96 MB
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Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

The Ne Bis In Idem Principle In Eu Law

Author : Bas van Bockel
ISBN : 9789041131560
Genre : Law
File Size : 64. 47 MB
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The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.

The Oxford Handbook Of European Union Law

Author : Anthony Arnull
ISBN : 9780191653056
Genre : Law
File Size : 79. 30 MB
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Research Handbook On Eu Law And Human Rights

Author : Sionaidh Douglas-Scott
ISBN : 9781782546405
Genre :
File Size : 42. 96 MB
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The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Language Hegemony And The European Union

Author : Glyn Williams
ISBN : 9783319334165
Genre : Language Arts & Disciplines
File Size : 65. 69 MB
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This book critically examines the European Union’s “Unity in Diversity” mantra with regard to language. It uses a theoretical framework based on hegemony both as a system and as a relationship. Operating within sociolinguistics, the book replaces the notion of ideology in poststructuralist thought with that of hegemony. The authors argue that forging unity across language communities contradicts the tenets of classical liberal theory. Global neo-liberalism influences this orthodoxy, shifting the parameters of power and political control. Over nine chapters, the authors cover topics such as globalization and social change, justice, governance and education. The book will be of interest to sociolinguists, political scientists, sociologists, as well as scholars of language and globalization and European studies.

Transnational Constitutionalism

Author : Nicholas Tsagourias
ISBN : 9781139464680
Genre : Law
File Size : 57. 79 MB
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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Birth Of The European Individual

Author : Samuli Hurri
ISBN : 9781317938408
Genre : Law
File Size : 89. 96 MB
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This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.

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