Justice In The Eu
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| Author | : Floris de Witte |
| Publisher | : OUP Oxford |
| Total Pages | : 257 |
| Release | : 2015-07-09 |
| Genre | : Law |
| ISBN | : 019103634X |
Download Justice in the EU Book in PDF, Epub and Kindle
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
| Author | : Thomas Horsley |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2018-07-19 |
| Genre | : Law |
| ISBN | : 1107124034 |
Download The Court of Justice of the European Union as an Institutional Actor Book in PDF, Epub and Kindle
Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.
| Author | : Leonardo Pierdominici |
| Publisher | : Springer Nature |
| Total Pages | : 418 |
| Release | : 2020-07-02 |
| Genre | : Political Science |
| ISBN | : 3030478645 |
Download The Mimetic Evolution of the Court of Justice of the EU Book in PDF, Epub and Kindle
This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
| Author | : Susanne K. Schmidt |
| Publisher | : Oxford University Press |
| Total Pages | : 311 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198717776 |
Download The European Court of Justice and the Policy Process Book in PDF, Epub and Kindle
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
| Author | : Hans-W Micklitz |
| Publisher | : Cambridge University Press |
| Total Pages | : 489 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1108424120 |
Download The Politics of Justice in European Private Law Book in PDF, Epub and Kindle
Compares national concepts of social justice with the developing European concept of access justice.
| Author | : Maria Fletcher |
| Publisher | : Routledge |
| Total Pages | : 583 |
| Release | : 2016-11-25 |
| Genre | : Law |
| ISBN | : 1317573226 |
Download The European Union as an Area of Freedom, Security and Justice Book in PDF, Epub and Kindle
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
| Author | : Susanne K. Schmidt |
| Publisher | : Routledge |
| Total Pages | : 156 |
| Release | : 2014-06-11 |
| Genre | : Political Science |
| ISBN | : 1317981294 |
Download The Power of the European Court of Justice Book in PDF, Epub and Kindle
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
| Author | : Renaud Dehousse |
| Publisher | : Palgrave Macmillan |
| Total Pages | : 227 |
| Release | : 1998-10-15 |
| Genre | : Political Science |
| ISBN | : 9780312215101 |
Download The European Court of Justice Book in PDF, Epub and Kindle
This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.
| Author | : Maria Fletcher |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 251 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1848443889 |
Download EU Criminal Law and Justice Book in PDF, Epub and Kindle
. . . this book fills a significant gap in the English-language literature and must be read by all who seek to understand why profound reflection is needed on the theoretical underpinnings of EU criminal justice. Samuli Miettinen, Journal of Common Market Studies The book contains a number of interesting arguments and comments on the development of EU criminal law. . . the authors efforts to provide a generalist book in this ever-growing, increasingly important and still under-researched field of EU law must be welcomed. Valsamis Mitsilegas, The Edinburgh Law Review Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent Lisbon Treaty . While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice however defined is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level. Written shortly before the recent entry into force of the Lisbon Treaty, EU Criminal Law and Justice comprises a full overview of the key legal developments and debates and includes a user-friendly guide to the institutional changes contained in the Treaty. This timely book will be of interest to both undergraduate and postgraduate students, as well as to legal practitioners and policy makers at national and EU levels.
| Author | : Franziskus von Lucke |
| Publisher | : Routledge |
| Total Pages | : 162 |
| Release | : 2021-02-27 |
| Genre | : Political Science |
| ISBN | : 1000363538 |
Download The EU and Global Climate Justice Book in PDF, Epub and Kindle
This book examines the European Union (EU)'s contribution to the development of the global climate regime within the broader framework of global justice. It argues that the procedural dimension of justice has been largely overlooked so far in the assessment of EU climate policy and reveals that the EU has significantly contributed to the development of the climate regime within its broader efforts to ‘solidarise’ international society. At the same time, the book identifies deficits of the climate regime and limits to the EU’s impact, and explains why the EU policy towards global climate change has shifted over time. Finally, it argues that these policies should not be assessed in terms of being wholly positive or wholly negative, but that they are shot through with ambiguities. This book will be of key interest to scholars, students, and practitioners of climate change, climate politics, and environmental and climate justice studies, and more broadly to EU Studies and International Relations.
