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  • Hart Publishing, Oxford - Good books for lawyers
    book re conceptualises the relationship between the status of EU citizenship and EU citizens fundamental right to equal treatment by asking what indicates the presence of agency in EU law A thorough analysis of the case law is used to support the argument that the neo liberal view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as related for the purposes of equal treatment in a transnational context In addressing these questions the book responds to the increasing need to find a more substantive theory of justice for the European Union The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens agency and their subjectivity This analysis provides an integrated philosophical account of transnational equality by showing that a new source of meaningful relationships for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration The book makes a significant contribution to the existing scholarship on EU law first by demonstrating that the undefined nature of EU citizenship is

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781782258155 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the Right to an Effective Remedy First Edition Marcelle Reneman Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants in particular the prohibition of refoulement In 1999 the EU Member States decided to work towards a Common European Asylum System In this context the Procedures Directive was adopted in 2005 and recast in 2013 This directive provides for important procedural guarantees for asylum applicants but also leaves much discretion to the EU Member States to design their own asylum procedures This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure the right to remain on the territory of the Member State the right to be heard the standard and burden of proof and evidentiary assessment judicial review and the use of secret evidence Marcelle Reneman is Assistant Professor in the Migration Law Section of the Department of Constitutional and Administrative Law at the VU University Amsterdam Hardback May 2014 9781849465458 Ask For Availability 60 00 Paperback March 2016 9781509907427 Ask For Availabliity 30 00 ePub December 2014 9781782254003

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509907427 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Titles More from this series Imprint Hart Publishing Extent 332 pp Modern Studies in European Law Nationalism and Private Law in Europe First Edition Guido Comparato Paperback March 2016 9781509907410 Ask For Availability 30 00 Buying ebooks from our website

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509907410 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of the status of Union citizenship and its development from 1998 onwards the book proceeds in its first main part to provide an in depth examination of the relationship between this status and the Union s market freedoms The central argument of the book is that as a result of the move towards the creation of a meaningful status of Union citizenship the market freedoms have been reconceptualised as fundamental Union citizenship rights and their interpretation has adapted accordingly The second main part of the book analyses the result of this process of transforming the market freedoms into sources of fundamental Union citizenship rights and considers where it is likely to lead in the future It is shown that despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship it brings with it a number of issues that the EU will have to consider and carefully address In particular the method which the Court seems up to now to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights has led to criticisms on the grounds of legitimacy and coherence and will undoubtedly

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461672 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the Euro crisis and the legal and institutional responses to it have had major implications on the constitutional architecture of the EU and the Eurozone On the other hand the May 2014 elections for the European Parliament and the ensuing struggle to form the European Commission have brought to the fore new tensions in the EU political system The purpose of this book which brings together the contributions of EU lawyers comparative constitutional lawyers and political scientists from all over Europe and the United States is to offer a new look at the form of government of the EU and the Eurozone and consider its potential for future development While offering a plurality of perspectives on the form of government of the EU and the Eurozone this book emphasizes how the Euro crisis represents a watermark in the process of European integration makes the case for a more legitimate and effective form of government for the EU and the Eurozone and identifies possible windows of opportunity for future treaty reforms The volume will provide food for thought to scholars policy makers and the public at large as they continue debating about the most apt form of government for the EU

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849468107 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    A Matter for Two Courts First Edition Edited by Sonia Morano Foadi Lucy Vickers This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union CJEU and the European Court of Human Rights ECtHR The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR s interpretation and methods triggering different processes of institutionalisation within a coherent European system These issues are explored through a contextual analysis of areas of law such as equality rights in employment law citizenship and migration internet law and access to justice This volume includes perspectives from the scholarly community as well as practitioners judges and European policy makers It also examines the state of accession of the EU to the European Convention on Human Rights ECHR and considers the legal implications of the accession for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe The volume is essential reading for practitioners judges European policy makers and members of the scholarly community working in this area of law Sonia Morano Foadi is a Reader

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849467070 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the EU and its Members with emphasis on mixed agreements and the status of international law in the EU legal order It explores the links between the EU and international organisations such as the WTO and examines the EU s external economic and political relations and its various links with third countries including its neighbours It analyses amongst others the Common Commercial Policy sanctions the Common Foreign and Security Policy

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463225 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    project has gathered pace rapidly in recent times This new book considers the codification project in light of a series of broader analytical frameworks comparative historical and constitutional which make modern codification intelligible This new reading renders the European codification project currently being promoted through the common frame of reference and the optional sales law code proposal vulnerable to constitutionally grounded criticism traceable to normative considerations of private law authority and legitimacy Leone Niglia reconstructs the European codification project as a complex structure of government in the making that embodies a set of contingent worldviews excludes alternatives challenges the plurality of private laws and entrenches conflicts that pertain not only to form codification de codification recodification but also to dilemmas implicated in determining the substantive orientation of European private law The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission noting a new turn in the struggle over the configuration of private law that has taken place since the age of codification Leone Niglia is Director of the Centre for European Legal Studies and Reader Associate Professor of European Law at the School of Law University of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462600 (2016-02-13)
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