Contemporary Challenges to EU Legality

Contemporary Challenges to EU Legality
Author: Claire Kilpatrick
Publisher: Oxford University Press
Total Pages: 209
Release: 2021-04-29
Genre: Law
ISBN: 019265294X

This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU's legal order as proclaimed by the Treaties and the authoritative judgments of the European Court. These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy, the EU's relationship with international law, migration, the sovereign debt crisis, and Brexit.

Contemporary Challenges to EU Legality

Contemporary Challenges to EU Legality
Author: Claire Kilpatrick
Publisher: Oxford University Press
Total Pages: 209
Release: 2021
Genre: Law
ISBN: 0192898051

This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU's legal order as proclaimed by the Treaties and the authoritative judgments of the European Court. These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy, the EU's relationship with international law, migration, the sovereign debt crisis, and Brexit.

Reframing Human Rights in a Turbulent Era

Reframing Human Rights in a Turbulent Era
Author: Gráinne de Búrca
Publisher: Oxford University Press
Total Pages: 257
Release: 2021-03-09
Genre: Law
ISBN: 019264033X

In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.

Environmental Health in International and EU Law

Environmental Health in International and EU Law
Author: Stefania Negri
Publisher: Routledge
Total Pages: 388
Release: 2019-12-09
Genre: Health & Fitness
ISBN: 1000762041

This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

EU Environmental Law

EU Environmental Law
Author: Maria Lee
Publisher: Hart Publishing
Total Pages: 0
Release: 2005-04-21
Genre: Law
ISBN: 9781841134109

Contemporary environmental regulation is having to adapt to significant challenges. These challenges come from all directions, including the quest for economic efficiency, popular mistrust of experts and frequent observation of poor practical results. At EU level, criticisms of regulatory activity are accentuated by the significant questions that surround the legitimacy of certain EU institutions and processes. EU Environmental Law examines a range of substantive EU environmental laws and policies and considers far-reaching endeavors to improve environmental regulation.

Private Enforcement of European Competition and State Aid Law

Private Enforcement of European Competition and State Aid Law
Author: Ferdinand Wollenschläger
Publisher: Kluwer Law International B.V.
Total Pages: 439
Release: 2020-01-09
Genre: Law
ISBN: 940350210X

Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Use and Misuse of New Technologies

Use and Misuse of New Technologies
Author: Elena Carpanelli
Publisher: Springer
Total Pages: 370
Release: 2019-05-14
Genre: Law
ISBN: 3030056481

The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.

The Conclusion and Implementation of EU Free Trade Agreements

The Conclusion and Implementation of EU Free Trade Agreements
Author: Isabelle Bosse-Platière
Publisher: Edward Elgar Publishing
Total Pages: 325
Release: 2019-12-27
Genre: Law
ISBN: 1788974808

This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.

EU Law

EU Law
Author: Paul Craig (Law)
Publisher:
Total Pages: 1456
Release: 2020
Genre: Law
ISBN: 9780191892219

Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation, and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU has been added.