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  • Hart Publishing, Oxford - Good books for lawyers
    recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court s judicial reasoning and the effect of international legal obligations in its case law it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law and the constitutional challenges the Court faces in this context To what extent does the position of the Court contribute to a specific conception of the EU How does the EU s constitutional order as interpreted by the Court shape its external relations The Court still has only limited jurisdiction over the EU s Common Foreign and Security Policy why has this decision been taken and what are its implications And what is the Court s own view of the relationship between court s and foreign policy and of its own relationship with other international courts The contributions to this volume show that the Court s influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States and second from its insistence on the autonomy of the EU legal order and its role as gatekeeper to the entry and effect of international law into the EU system It has not in the external domain overtly exerted influence through shaping substantive policy as it has for example in relation to the internal market Nevertheless the rather legalised nature of EU external relations and the significance of the EU s international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state And of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465045 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    organisations that have co operated closely in the past though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States The accession of the EU to the ECHR is expected to put an end to the informal dialogue and allegedly also competition between the two regimes in Europe and to establish formal both normative and institutional hierarchies In this new era some old problems will be solved and new ones will appear Questions of autonomy and independence of attribution and allocation of responsibility of co operation and legal pluralism will all arise with consequences for the protection of human rights in Europe This book seeks to understand how relations between the two organisations are likely to evolve after accession and whether this new model will bring more coherence in European human rights protection The book analyses from several different yet interconnected points of view and relevant practice the draft Accession Agreement shedding light on future developments in the ECHR and beyond Contributions in the book span classic public international law EU law and the law of the ECHR and are written by a mix of legal and non legal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465236 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Procedures and 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 60 00 Paperback March 2016 9781509907427 Ask For Availabliity 30 00 ePub December 2014 9781782254003 29

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465458 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    social relations private law itself is firmly rooted in national law European integration processes have altered this state of affairs to a limited degree with a few albeit groundbreaking interventions that have tended to engender resistance from various actors within European nation states Against that background this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when despite growing nationalist attitudes great efforts have been made to produce comprehensive legal instruments to synthesise general contract law an area that has traditionally been solely within the ambit of nation states Combining insights from the disciplines of law history and political science the book investigates the conceptual and cultural associations between law and the nation state examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and somewhat paradoxically even in support of legal Europeanisation The author s research for this book has been supported by the Hague Institute for the Internationalisation of Law Guido Comparato is a postdoctoral

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465878 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    government budgets be balanced Moreover it required the 25 members of the EU which signed the Treaty in March 2012 to incorporate this golden rule within their national Constitutions This requirement represents a major and unprecedented development raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project This book analyses the new constitutional architecture of the European Economic and Monetary Union EMU examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States and discusses the implications of these constitutional changes for the future of democracy and integration in the EU By combining insights from law and economics comparative institutional analysis and legal theory the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play It thus contributes to a better understanding of the Euro crisis of the future of the EU and the reforms needed towards a deeper and genuine EMU Maurice Adams is Professor of Democratic Governance and Rule of Law vfund chair and Professor of General Jurisprudence at Tilburg Law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465809 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of EU law and policy in the field of FDI It takes four perspectives i the operation of the internal market mechanism to direct investment ii the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union s competence and practice in the field of FDI iii the interaction between EU law and Member States bilateral investment treaties BITs with third countries iv the interplay between EU law and BITs that are currently in force between two Member States intra EU BITs The book focuses on the extent to which the European Union operates as a Single Market for EU and non EU investors In doing so it analyses the EU and international regulatory framework on the admission treatment and protection of FDI within to and from the Single European Market It uses close jurisprudential analysis and examines the context purpose and evolution of EU legal integration in the field of FDI It thereby traces the principles underlying the European international economic order in the field of FDI Philip Strik is a Legal Adviser in the EU law team in the Ministry of Foreign Affairs of the Netherlands and a member of its Diplomatic Service

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465427 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    book examines a number of areas of substantive EU environmental law focusing on the striking preoccupation of EU environmental law with the structure of decision making It highlights the observation that environmental protection and environmental decision making depend intimately on both detailed specialised information about the physical state of the world and on political judgments about values and priorities It also explores the elaborate mechanisms that attempt to bring these

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464215 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs It includes a range of new legislation in the fields of immigration and asylum substantive criminal law criminal procedure and co operation between national criminal justice systems The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU This volume brings together a range of leading scholars as well as some of the most interesting new voices in the debate to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme It provides a critical examination of EU law in the fields of immigration asylum counter terrorism citizenship fundamental rights and external relations The book also examines the evolving roles of the EU institutions and criminal justice agencies It provides a critical account of EU law in this field under the developing constitutional and institutional settlement Diego Acosta Arcarazo is a Lecturer in European Law at the University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464222 (2016-02-13)
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web-archive-uk.com, 2017-12-11