Author | : Faculté de droit et des sciences économiques de Montpellier |
Publisher | : Council of Europe |
Total Pages | : 232 |
Release | : 1997-01-01 |
Genre | : Political Science |
ISBN | : 9789287135162 |
Author | : Faculté de droit et des sciences économiques de Montpellier |
Publisher | : Council of Europe |
Total Pages | : 232 |
Release | : 1997-01-01 |
Genre | : Political Science |
ISBN | : 9789287135162 |
Author | : |
Publisher | : Council of Europe |
Total Pages | : 220 |
Release | : 2000-01-01 |
Genre | : Political Science |
ISBN | : 9789287144447 |
Following the breakdown of the communist system, violent, often ethnic in origin, conflicts erupted in the Balkans, in the Caucasus and elsewhere. Europe was suddenly confronted with nationalist passions and violence not experienced since the Second World War. The present volume, based on a seminar held in Slovenia, analyses some of these conflicts, focusing on the Balkans. The authors explore to what extent law can contribute to a peaceful settlement and prevent wide-scale violations of human rights.
Author | : Luke Dimitrios Spieker |
Publisher | : Oxford University Press |
Total Pages | : 385 |
Release | : 2023-07-20 |
Genre | : Law |
ISBN | : 0198876718 |
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
Author | : Carlo Maria Colombo |
Publisher | : Bloomsbury Publishing |
Total Pages | : 360 |
Release | : 2024-02-08 |
Genre | : Law |
ISBN | : 1509951806 |
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
Author | : Bruno Haller |
Publisher | : BRILL |
Total Pages | : 488 |
Release | : 2021-10-11 |
Genre | : Business & Economics |
ISBN | : 900448244X |
This collection of studies intends to honour Heinrich Klebes, who both as a distinguished international civil servant and as a scholar and analyst has made and continues to make an important contribution to the development of European cooperation in general and within the Council of Europe in particular. At the same time, it offers a unique and stimulating analysis of the development of a common body of law in the wider Europe. The twenty-nine articles contained in this volume are grouped together under five headings: - commitment to democratic standards; - protection of human rights and fundamental freedoms; - the Council of Europe in context; - the common legal space; - common problems of democracy and transatlantic relations.
Author | : Armin von Bogdandy |
Publisher | : Oxford University Press |
Total Pages | : 721 |
Release | : 2023-05-04 |
Genre | : Law |
ISBN | : 0192846698 |
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Author | : Commission européenne pour la démocratie par le droit |
Publisher | : Council of Europe |
Total Pages | : 173 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9287159092 |
Ce volume contient les rapports du séminaire organisé par la Commission de Venise en coopération avec la Cour constitutionnelle de la République de Bulgarie à Sofia (Bulgarie), les 28 et 29 mai 2004. Le droit électoral et la coopération avec les cours constitutionnelles et les juridictions équivalentes sont deux des piliers de l'activité de la Commission de Venise depuis sa création en 1990. Cependant, c'est la première fois que la Commission organise un débat d'un tel niveau se concentrant sur le rôle joué par la justice constitutionnelle dans le processus électoral. Les rapports traitent de sujets fondamentaux tels que les avantages et les inconvénients des différents systèmes électoraux, la jurisprudence des plus hautes juridictions nationales sur le contentieux électoral, la participation des étrangers au processus électoral au niveau local, les droits électoraux des individus ayant la nationalité de plusieurs Etats européens et les développements possibles du droit électoral à l'intérieur de l'Union européenne.
Author | : Koen Lenaerts |
Publisher | : Bloomsbury Publishing |
Total Pages | : 325 |
Release | : 2021-09-23 |
Genre | : Law |
ISBN | : 150993085X |
This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.