European Constitutional Law

Author: Robert Schütze

Publisher: Cambridge University Press

ISBN: 1316495582

Category: Law

Page: N.A

View: 7940

Written with exceptional clarity and fully updated from the first edition, the second edition of European Constitutional Law constitutes a classic textbook for students and practitioners of European law. Using a clear structural framework, the text guides readers through all of the core constitutional topics of EU law. Extracts from classic case law are complemented with extensive and critical discussion of the theoretical and practical aspects of the European Union and its law, leading students to a deep understanding of the subject. Chapters are enriched with more than fifty colour figures and tables, which clarify complex topics and illustrate relationships and processes. New suggestions for further reading direct students to significant pieces of academic literature for deeper self-study, and a companion website with full 'Lisbonised' versions of the cases cited in the text completes the learning package.
Posted in Law

Principles of European Constitutional Law

Author: Armin von Bogdandy,JÃ1⁄4rgen Bast

Publisher: Bloomsbury Publishing

ISBN: 184731550X

Category: Law

Page: 856

View: 8954

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Posted in Law

European Constitutional Law and Swedish National Law. Double-barreled last names and the "qualification principle" for child benefits

Author: Nelly Traxler

Publisher: GRIN Verlag

ISBN: 3668332460

Category: Law

Page: 19

View: 8715

Fachbuch aus dem Jahr 2016 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, , Sprache: Deutsch, Abstract: This is an original take-home examination. It consists of two questions and the corresponding answers. The first question discusses the qualification of the EU as a state. The second question relates to a fictional case divided in two tasks, both debating a possible breach of EU law.
Posted in Law

European constitutional law

Author: Morton J. Frisch,Ferran Valls i Taberner

Publisher: PPU, S.A.

ISBN: N.A

Category: Law

Page: 321

View: 1455

Posted in Law

European Constitutional Language

Author: András Jakab

Publisher: Cambridge University Press

ISBN: 1107130786

Category: Law

Page: 488

View: 8762

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Posted in Law

Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer-Verlag

ISBN: 3662071282

Category: Law

Page: 977

View: 1335

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts, reflektiert den Stand der Forschung, verdeutlicht methodische Zugänge, klärt Wissenschaftsverständnisse und bezeichnet Forschungsdesiderata. Die systematischen Einzelanalysen ergänzen Gesamteinschätzungen zu Stand und Fortgang der rechtlichen Integration.
Posted in Law

Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer-Verlag

ISBN: 354073810X

Category: Law

Page: 1094

View: 9965

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts. Die vollständig aktualisierte und erweiterte 2. Auflage reflektiert die rapide Weiterentwicklung des Gegenstands und umfasst Beiträge zu den Verfassungsorganen, zur auswärtigen Gewalt, zum Rechtsschutz, zur Arbeitsverfassung sowie zum Raum der Freiheit, der Sicherheit und des Rechts. Das Buch wendet sich insbesondere an Studierende im Wahlfach Europarecht, an Wissenschaftler und an wissenschaftlich interessierte Praktiker.
Posted in Law

Bridging Clauses in European Constitutional Law

Legal Framework and Parliamentary Participation

Author: Robert Böttner,Jan Grinc

Publisher: Springer

ISBN: 3319733419

Category: Law

Page: 96

View: 757

The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.
Posted in Law

Europäisches Verfassungsrecht

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer Science & Business Media

ISBN: 354073810X

Category: Business & Economics

Page: 1094

View: 3734

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts. Die vollständig aktualisierte und erweiterte 2. Auflage reflektiert die rapide Weiterentwicklung des Gegenstands und umfasst Beiträge zu den Verfassungsorganen, zur auswärtigen Gewalt, zum Rechtsschutz, zur Arbeitsverfassung sowie zum Raum der Freiheit, der Sicherheit und des Rechts. Das Buch wendet sich insbesondere an Studierende im Wahlfach Europarecht, an Wissenschaftler und an wissenschaftlich interessierte Praktiker.
Posted in Business & Economics

Foreign Policy Objectives in European Constitutional Law

Author: Joris Larik

Publisher: Oxford University Press

ISBN: 0191055980

Category: Law

Page: 400

View: 5635

Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.
Posted in Law

Constitutions in Transition - Tendencies in European Constitutional Law after the Fall of Communism

Author: Matthias Klissenbauer

Publisher: GRIN Verlag

ISBN: 363811368X

Category: Law

Page: 10

View: 4968

Seminar paper from the year 2000 in the subject Law - Comparative Legal Systems, Comparative Law, grade: very good, Jagiellonian University in Krakow (Summer School), course: Poland and Central Europe in Transition, 17 entries in the bibliography, language: English, abstract: Soon after the historical changes that took place in Central and Eastern Europe in 1989, it became clear that any new political, social, cultural and economical system introduced after the fall of communism had to be based on a constitutional system of western type. As it will be pointed later, this does not necessarily mean, that basic ideas and concepts of constitutions like those existing in western Europe were completely unknown in the CEE-countries in communist times. However, the need to find a kind of legal framework to prevent drawbacks on the way to democracy and market-orientated economy as well as the demonstration of the new orientation towards the west made significant changes of the constitutional system even more important. From the very beginning there were two sides to the constitutional aspect of transitions. On the one hand, national problems had to be solved. On the other hand, an international political pressure could be observed, e.g. concerning the protection of human rights. The search for a new legal system was a walk on a fine line between principles and compromises on both internal and international level.
Posted in Law

Recent Trends in German and European Constitutional Law

German Reports Presented to the XVIIth International Congress on Comparative Law, Utrecht, 16 to 22 July 2006

Author: Eibe H. Riedel,Rüdiger Wolfrum

Publisher: Springer Science & Business Media

ISBN: 9783540377207

Category: Law

Page: 289

View: 1011

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006. The articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed. The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.
Posted in Law

Constitutionalising Europe

The Making of a European Constitutional Law

Author: Monica Claes

Publisher: European and National Constitutional Law Series

ISBN: 9781849463874

Category: Law

Page: 344

View: 3289

Constitutional discourse in the context of European integration has been both embraced and rejected, and has witnessed the rise and fall of the constitutional treaty, including the turmoil of the failed ratification process. This book discusses the making of a constitutional law for Europe understood in its broadest sense, as a composite constitution, consisting of constitutional rules and principles developed at the European level, complemented by national constitutional rules and principles as well as rules and principles from other sources such as the European Convention on Human Rights and international law. It shows how the national and European elements of this European constitutional law interrelate. Drawing on extensive comparative constitutional research, it explores the various dynamics of this intricate and multifaceted relationship, uncovering the common European constitutional heritage on which the European Union is built, while paying attention to the rich diversity in constitutional traditions between its Member States, as well as their constitutional identity.
Posted in Law

The Unity of the European Constitution

Author: Philipp Dann,Michal Rynkowski

Publisher: Springer Science & Business Media

ISBN: 9783540377214

Category: Political Science

Page: 396

View: 4437

This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
Posted in Political Science

Nordic And Other European Constitutional Traditions

Author: Joakim Nergelius

Publisher: Martinus Nijhoff Publishers

ISBN: 9004151710

Category: Law

Page: 178

View: 761

This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.
Posted in Law

The Birth of a European Constitutional Order

The Interaction of National and European Constitutional Law

Author: Jürgen Schwarze

Publisher: N.A

ISBN: N.A

Category: Constitutional law

Page: 568

View: 9132

Posted in Constitutional law

Constitutional Crisis in the European Constitutional Area,

Theory, Law and Politics in Hungary and Romania

Author: Armin von Bogdandy,Pal Sonnevend

Publisher: Bloomsbury Publishing

ISBN: 1782253335

Category: Law

Page: 326

View: 7213

The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.
Posted in Law

The Emerging Constitutional Law of the European Union

German and Polish Perspectives

Author: Adam Bodnar,Michal Kowalski,Karen Raible,Frank Schorkopf

Publisher: Springer Science & Business Media

ISBN: 9783540404248

Category: Law

Page: 595

View: 7647

Young lawyers from different academic centres in Germany and Poland comment on the ongoing constitutional debate in the EU. Each of the more than 20 articles is dedicated to a specific theme, i.e. human rights, institutional design, current and future function of the EU, homogeneity and identity, security and defence policy, home policy and common values. Similarities as well as differences in the perspectives of an old EU Member State on the one hand and an EU Member State-to-be on the other hand are revealed.
Posted in Law