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  • Hart Publishing, Oxford - Good books for lawyers
    the normative and legal evolution of the Social Dimension labour law social security law and family law in both the EU and its Member States during the last decade It does this from a wide range of theoretical and legal substantive perspectives The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights a new coordination regulation within the field of social security Regulation 883 2004 EC and the case law of the Court of Justice of the European Union in the so called Laval Quartet Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways The book is organised by reference to distinct normative patterns and their development in the fields of law covered such as the protection of established groups the position of market functional values and the scope for just distribution The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe and contributes a complex yet thought provoking picture for the future The contributors represent an interesting mix of well known and distinguished as well as upcoming and promising researchers throughout Europe and beyond Ann Numhauser Henning and Mia

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464352 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    external judicial supervision of an international treaty regime Individuals will also be entitled to submit applications against the Union alleging that their fundamental rights have been violated by legal acts rooted in EU law directly to the Strasbourg Court As the first comprehensive monograph on this topic this book examines the concerns for the EU s legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court the future of individual applications and the so called co respondent mechanism the legal arrangement of inter party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg and the interplay between the Convention s subsidiarity principle the exhaustion of local remedies and the prior

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464604 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of Justice of the EU against this theoretical framework The author demonstrates that the ECJ s interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive systemic and literal arguments That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher especially constitutional courts more in degree than in kind It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another The Court s exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra legal steadying factors of legal reasoning which include a range of political factors such as sensitivity to Member States interests political fashion and deference to the EU legislator In conclusion the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject however to i regard to the political constitutional and budgetary sensitivities of Member States ii depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question the relative status of and degree of potential conflict between the applicable norms and the range and clarity of the interpretative topoi available to resolve first order legal uncertainty and finally iii bearing in mind the largely unpredictable personal element in all adjudication Only in exceptional cases which the Court perceives to go to

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463232 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    theme in scholarship on EU citizenship the emancipation of certain citizens the alienation of others and seeks to expand its horizons to interrogate whether similar debates and trends can be identified in other fields of European integration The focus of the book is distinctly citizen focused It delivers the potential for the opening out of analysis of the implications of European citizenship beyond the parameters of Articles 18 25 TFEU and beyond the disciplinary confines of legal analysis alone The book construes EU citizenship in its broadest sense and explores the extent to which the European citizen is or indeed is not genuinely at the heart of EU law and policy making Within the broader theme of empowerment and disempowerment the contributors reflect on a range of cross cutting themes for example the extent to which channels of citizen participation can inform EU policy making in a bottom up sense or whether the EU is a catalyst for the construction of new spaces and new identities Michael Dougan is Professor of European Law Jean Monnet Chair in EU Law and Dean of the Liverpool Law School at the University of Liverpool Niamh Nic Shuibhne is Professor of EU Law at

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462358 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    EU On the one hand numerous formerly unitary Member States have embarked on a path towards a quasi federal governance structure On the other hand the EU itself is sometimes qualified as a federal system Significantly the concept of federalism has a very different even opposite connotation in both contexts When associated with Member State reform federalism is regarded as a technique for accommodating autonomy claims of sub state nations By contrast when federalism is used as a label for the EU itself it is conceived as a far reaching way of integrating the nations of Europe This dual appearance of federalism in the EU context is central to the structure of the book The first collection of essays addresses the question whether the EU may be described as a federal system and whether it can learn from existing federations In the second set of contributions the attention shifts to domestic federalisation processes more particularly to the impact of these processes on EU law and vice versa Elke Cloots is a Researcher at the University of Leuven and a Fellow of the Research Foundation Flanders Geert De Baere is Assistant Professor of International Law and EU Law at the University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462426 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    a range of disciplinary perspectives including the sociology of childhood and human rights discourse it offers a critical analysis of the legal and policy framework underpinning EU children s rights across a range of areas including family law education immigration and child protection Traditionally children s rights at this level have been articulated primarily in the context of the free movement of persons provisions inevitably restricting entitlement to migrant children of EU nationality In the past decade however innovative interpretations of EU law by the Court of Justice coupled with important constitutional developments have prompted the development of a much more robust children s rights agenda This culminated in the incorporation of a more explicit reference to children s rights in the Lisbon Treaty followed by the Commission s launch in February 2011 of a dedicated EU Agenda to promote and safeguard the rights of the child The analysis presented in this book therefore comes at a pivotal point in the history of EU children s rights providing a detailed and critical overview of a range of substantive areas and making an important contribution to international children s rights studies Helen Stalford is Professor of Law and Director of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137650 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    legal order It critically examines EU counter terrorism measures to ascertain how rule of law principles have been affected in the war on terror The book opens with a critical examination of the rule of law in the EU legal order It then provides an overview of the war on terror before analysing five key facets of EU counter terrorism the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism the EU s anti money laundering and counter terrorist finance laws UN and EU targeted asset freezing sanctions EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements and the European Arrest Warrant and European Evidence Warrant The book argues that EU counter terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme an impressively accurate and alarming analysis Ms Sophia In t Veld MEP and Vice Chair of the European Parliament Committee on Civil Liberties

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461351 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    to a central place in the constitution of the EU within the dynamic area of freedom security and justice The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis not least as a result of the case law of the European Court of Justice Central to the Court s reasoning in this area has been the principle of effectiveness A main theme running through the book is therefore the role of the axiom of effectiveness which is critically examined with particular attention to its use by the European Ccurt of Justice in recent leading cases This book explores the constitutional principles underlying it both those determining the substantive values it embodies and those determining its scope and extent Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law The balance between effective EU action proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands but as this book suggests has not yet been fully articulated or entrenched by the institutions of the EU Ester Herlin Karnell is a

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461764 (2016-02-13)
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web-archive-uk.com, 2017-12-16