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The Eurosceptic Mobilization Of Constitutional Law

by Dr Pablo (Senior Lecturer, School Of Law, Senior Lecturer, School Of Law, University Of Sheffield) Castillo-Ortiz e Prof Giuseppe (Full Professor Of Comparative Public Law, Full Professor Of Comparative Public Law, Scuola Superiore Sant'Anna, Pisa, Italy) Martinico

~~141,95€~~ 113,56€ 20% OFF

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 European integration stands at a critical juncture, with Euroscepticism more widespread than ever. The Eurosceptic Mobilisation of Constitutional Law offers the first comprehensive study of the mobilisation of constitutional law by Eurosceptic actors against the foundational principles of European integration.
ENGLISH

Saving The European Union From Its Illiberal Member States

by Andra!S Jakab e Lando Kirchmair

~~92,74€~~ 74,19€ 20% OFF

 In the last decade, at least two European Union (EU) member states have deteriorated from fragile liberal democracies to illiberal regimes. This deterioration not only includes key elements of the rule of law, but also mechanisms of democratic accountability have eroded. While the cause is an unfortunate combination of factors, post-socialist EU member states are particularly likely to embrace an illiberal cause. Saving the European Union from its Illiberal Member States aims to show that inherited cultural patterns from socialism - and even earlier - in the form of informal practices and narratives are a largely underestimated source of illiberalism. Initially, the book diagnoses an unfortunate dynamic of 'mutual poisoning': existing vulnerabilities and weaknesses of democracy and the rule of law at the level of EU law are exacerbated by illiberal member states, and vice versa. The crisis of illiberal regimes is shown to be a symptom of the EU's own constitutional malaise. Authors AndrA!s Jakab and Lando Kirchmair aim to offer antidotes to this mutual affliction, highlighting areas of EU law that have been neglected. Chapters examine whether an epistemological tool, such as the EU Justice Scoreboard, could be adapted to identify illiberal elements. The authors also argue that the protection of fundamental rights needs to be strengthened, through the completion of the European Fundamental Rights Union. Finally, the book states that the Spitzenkandidaten-system needs to be further strengthened and stabilised for the long term - not only to ensure the democratic accountability of the Commission, but also because this has the potential to bring the Commission's hitherto undecided and hesitant stance closer to that of the European Parliament.
ENGLISH

Saving The European Union From Its Illiberal Member States

by Andras Jakab e Lando Kirchmair

~~92,74€~~ 74,19€ 20% OFF

 In the last decade, at least two European Union (EU) member states have deteriorated from fragile liberal democracies to illiberal regimes. This deterioration not only includes key elements of the rule of law, but also mechanisms of democratic accountability have eroded. While the cause is an unfortunate combination of factors, post-socialist EU member states are particularly likely to embrace an illiberal cause. Saving the European Union from its Illiberal Member States aims to show that inherited cultural patterns from socialism - and even earlier - in the form of informal practices and narratives are a largely underestimated source of illiberalism. Initially, the book diagnoses an unfortunate dynamic of 'mutual poisoning': existing vulnerabilities and weaknesses of democracy and the rule of law at the level of EU law are exacerbated by illiberal member states, and vice versa. The crisis of illiberal regimes is shown to be a symptom of the EU's own constitutional malaise. Authors Andras Jakab and Lando Kirchmair aim to offer antidotes to this mutual affliction, highlighting areas of EU law that have been neglected. Chapters examine whether an epistemological tool, such as the EU Justice Scoreboard, could be adapted to identify illiberal elements. The authors also argue that the protection of fundamental rights needs to be strengthened, through the completion of the European Fundamental Rights Union. Finally, the book states that the Spitzenkandidaten-system needs to be further strengthened and stabilised for the long term - not only to ensure the democratic accountability of the Commission, but also because this has the potential to bring the Commission's hitherto undecided and hesitant stance closer to that of the European Parliament.
ENGLISH

Legal Mobilization For Migrant Rights - Opportunities And Barriers At The European Court Of Justice

by Virginia Passalacqua

~~92,74€~~ 74,19€ 20% OFF

 The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups. To explore the conditions under which EU legal mobilization for migrants emerges, the author compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the UK, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement.
ENGLISH

Legal Mobilization For Migrant Rights - Opportunities And Barriers At The European Court Of Justice

by Virginia Passalacqua

~~92,74€~~ 74,19€ 20% OFF

 The European Court of Justice plays a key role in the interpretation and enforcement of EU law. Yet, we still know little about the conditions under which cases arrive at the Court via preliminary reference and why they are so unevenly distributed across the EU Member States. Previous studies have shown how the legal elites played a central role in feeding the Court with cases to increase their power and influence. Legal Mobilization for Migrant Rights tells a different story. Focusing on the migration domain, this book shows that EU litigation can also be used to defend powerless groups. To explore the conditions under which EU legal mobilization for migrants emerges, the author compares three countries where EU migration law was mobilized before the European Court of Justice (Italy, the UK, and the Netherlands) and one where it was not (Greece). Combining empirical and doctrinal methods, this volume draws on interviews with key stakeholders and an original database of 505 migration preliminary references. Rather than focusing only on courts, Legal Mobilization for Migrant Rights sheds light on the role of lawyers, academics, and civil society in activating EU justice to oppose restrictive national migration policies. Crucially, the book ultimately reveals that EU legal mobilization struggles to emerge in some contexts due to a lack of resources and limited awareness of EU legal opportunities, which stand as significant obstacles to justice and migrant rights enforcement.
ENGLISH

Constitutional Disintegration And Disruption - Withdrawal And Opt-Outs From The European Union

by Oliver Garner

~~92,74€~~ 74,19€ 20% OFF

 The United Kingdom's unprecedented withdrawal from the European Union in 2020 may be regarded as the first example of European 'disintegration'. This moment, however, was preceded by decades of 'disruption' as the UK, Ireland, and Denmark pursued opt-outs from the supranational constitutional order. Constitutional Disintegration and Disruption: Withdrawal and Opt-Outs from the European Union provides the first comprehensive analysis of these two phenomena. The book presents the European Union as an order that is legitimated by individuals playing a dual role as both nationals of Member States and citizens of the European Union; in turn, individuals are both democratic subjects and juridical objects within this order. The EU Treaties have instituted a 'triptych' for the exercise of 'constituted constituent power' by these individuals: Article 49 TEU allowing accession, Article 48 TEU enabling amendment, and Article 50 TEU as a mechanism for the repatriation of power through withdrawal. Opt-outs are an iterative anomaly that have arisen through the retention of amendment power by representatives of Member State nationals. Reservations of constituent power have been operationalized in Protocols to the Treaties. By contrast, the withdrawal clause was proactively inserted into the Treaties as a sovereign right for Member State nationals subject to an orderly supranational procedure for the benefit of all EU citizens. The book presents narratives of disruption and disintegration that provide comprehensive historical overviews of how opt-outs and withdrawal arose and developed. Constitutional Disintegration and Disruption concludes with criticism of the consequences of these phenomena for individuals, and proposes reforms to the EU Treaties that would enable citizens to more fully realize their dual role in the European constitutional space.
ENGLISH

Constitutional Disintegration And Disruption - Withdrawal And Opt-Outs From The European Union

by Oliver Garner

~~92,74€~~ 74,19€ 20% OFF

 The United Kingdom's unprecedented withdrawal from the European Union in 2020 may be regarded as the first example of European 'disintegration'. This moment, however, was preceded by decades of 'disruption' as the UK, Ireland, and Denmark pursued opt-outs from the supranational constitutional order. Constitutional Disintegration and Disruption: Withdrawal and Opt-Outs from the European Union provides the first comprehensive analysis of these two phenomena. The book presents the European Union as an order that is legitimated by individuals playing a dual role as both nationals of Member States and citizens of the European Union; in turn, individuals are both democratic subjects and juridical objects within this order. The EU Treaties have instituted a 'triptych' for the exercise of 'constituted constituent power' by these individuals: Article 49 TEU allowing accession, Article 48 TEU enabling amendment, and Article 50 TEU as a mechanism for the repatriation of power through withdrawal. Opt-outs are an iterative anomaly that have arisen through the retention of amendment power by representatives of Member State nationals. Reservations of constituent power have been operationalized in Protocols to the Treaties. By contrast, the withdrawal clause was proactively inserted into the Treaties as a sovereign right for Member State nationals subject to an orderly supranational procedure for the benefit of all EU citizens. The book presents narratives of disruption and disintegration that provide comprehensive historical overviews of how opt-outs and withdrawal arose and developed. Constitutional Disintegration and Disruption concludes with criticism of the consequences of these phenomena for individuals, and proposes reforms to the EU Treaties that would enable citizens to more fully realize their dual role in the European constitutional space.
ENGLISH

Legislative Authority And Interpretation In The European Union

by Martijn Van Den Brink

~~99,38€~~ 79,50€ 20% OFF

 Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role.The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
ENGLISH

Eu Values In Investment Law And Policy - Promises Of Democracy And Rule Of Law?

by Maria Laura Marceddu

~~92,74€~~ 74,19€ 20% OFF

 Is it possible that the EU premises of democracy and rule of law transform the global landscape of international investments? For realists, this is a calculated political move- an opportunity for the EU to shape the world according to the rules established in Brussels. To the most skeptical, the ambition to export these values might seem too grandiose, if not far-fetched, especially considering that the system somewhat displays these features already. Yet the more idealistic, like the author of this book, would find it fascinating, especially given the undeniable visionary component that has permeated the EU story since its beginning. EU Values in Investment Law And Policy intends to carry this fire and continues to tell precisely that story of vision, ambition, and influence. Inspired by premises that have aspired to become promises of democracy and rule of law, the book critically examines how- and how far- these EU values extended their reach into international investment law and policy. While the book is not an ode to the EU, there is plenty that is admirable in the EU transmission efforts and is likely to leave an imprint on the investment regime's dynamics. It is these efforts that this book unravels to explain how the international investment system deficits are turned into an opportunity for normative change. The book seeks to establish a solid analytical foundation to unpack the EU's evolving aspirations as a global leader in reimagining traditional investment rules. Through a careful critique of EU initiatives, it sheds light on the fine line between innovation and dogmatism, showing where the EU has genuinely (re)shaped and advanced international norms and where its bold rhetoric meets its limits. For scholars, practitioners, and those intrigued by the intersection of law, policy, and global governance, EU Values in Investment Law and Policy offers a captivating exploration of how a visionary Europe continues to inspire change in international investment, setting the stage for a fairer and more value-driven global system.
ENGLISH

Compliance With European Consumer Law - The Case Of E-Commerce

by Felix Pflucke

~~99,38€~~ 79,50€ 20% OFF

 European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
ENGLISH

Compliance With European Consumer Law - The Case Of E-Commerce

by Felix Pflacke

~~99,38€~~ 79,50€ 20% OFF

 European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
ENGLISH

The Law Of Eu Border Controls - Constitutional Compliance And Conditions For An Area Without Internal Frontiers

by Dr Leandro, Phd (Senior Lecturer, Senior Lecturer, Edinburgh Law School) Mancano

~~168,98€~~ 135,18€ 20% OFF

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 The Law of EU Border Controls examines the diverse nature of EU border controls and their impact on constitutional compliance. It explores the conditions necessary for the EU to sustain itself as an area without internal frontiers and discusses how to address these challenges while following EU laws.
Eu Values In Investment Law And Policy - Promises Of Democracy And Rule Of Law?

by Dr Maria Laura, Phd Marceddu

~~135,19€~~ 108,15€ 20% OFF

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 EU Values in Investment Law and Policy explores how the EU's principles of democracy and rule of law influence international investment law. It examines the EU's efforts to shape global investment rules, and assesses its impact on the investment regime, recognizing the visionary aspects and the limits of its external actions.
ENGLISH

Legal Mobilization For Migrant Rights - Opportunities And Barriers At The European Court Of Justice

by Virginia (Assistant Professor, Assistant Professor, University Of Turin) Passalacqua

~~135,19€~~ 108,15€ 20% OFF

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 Combining empirical and doctrinal methods, Legal Mobilization for Migrant Rights uses migration as a central case study to show that, under certain conditions, EU litigation can be used to defend powerless groups.
ENGLISH

Business Freedoms And Fundamental Rights In European Union Law

by Niall O'Connor

~~92,74€~~ 74,19€ 20% OFF

 Article 16 of the EU Charter of Fundamental Rights, recognizing ''the freedom to conduct a business in accordance with Union law and national laws and practices'', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only properly be understood in relation to its wider constitutional and social rights functions, it uses the employment law context as a case study, given the tensions that exist between the (economic) rights of employers and the (social) rights of employees. Examined holistically, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory, with such freedoms also encapsulating ''social'' rights, values, and interests. The freedom to conduct a business, therefore, emerges as a malleable fundamental rights concept, dependent on the underlying constitutional context, whether that be within national constitutional law, the EU Charter of Fundamental Rights, general principles of EU law, or in the arrangements governing the United Kingdom''s departure from the EU. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
ENGLISH

Business Freedoms And Fundamental Rights In European Union Law

by Niall O'Connor

~~92,74€~~ 74,19€ 20% OFF

 Article 16 of the EU Charter of Fundamental Rights, recognizing ''the freedom to conduct a business in accordance with Union law and national laws and practices'', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only properly be understood in relation to its wider constitutional and social rights functions, it uses the employment law context as a case study, given the tensions that exist between the (economic) rights of employers and the (social) rights of employees. Examined holistically, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory, with such freedoms also encapsulating ''social'' rights, values, and interests. The freedom to conduct a business, therefore, emerges as a malleable fundamental rights concept, dependent on the underlying constitutional context, whether that be within national constitutional law, the EU Charter of Fundamental Rights, general principles of EU law, or in the arrangements governing the United Kingdom''s departure from the EU. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
ENGLISH

Constitutional Disintegration And Disruption - Withdrawal And Opt-Outs From The European Union

by Oliver (Research Leader In European Rule Of Law, Research Leader In European Rule Of Law, Bingham Centre For The Rule Of Law) Garner

~~135,19€~~ 108,15€ 20% OFF

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 Constitutional Disintegration and Disruption examines withdrawal and policy opt-outs from the EU, using the constitutional lens of the dual-role that individuals play in the EU's supranational order. The book explores the reasons behind disruption and disintegration, and the Treaty reforms required to preserve European integration.
ENGLISH

Business Freedoms And Fundamental Rights In European Union Law

by Niall (Senior Lecturer, Senior Lecturer, University Of Essex) O'Connor

~~141,95€~~ 113,56€ 20% OFF

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 Business Freedoms and Fundamental Rights in European Union Law holistically assesses the value placed on the freedom to conduct a business as a fundamental right within EU Law. Contrary to a series of controversial CJEU rulings, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory.
ENGLISH

Legislative Authority And Interpretation In The European Union

by Martijn Van Den Brink

~~99,38€~~ 79,50€ 20% OFF

 Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice''s role.The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature''s choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
ENGLISH

Secession And European Union Law - The Deferential Attitude

by NaºRia Gonza!Lez Campaa±A!

~~99,38€~~ 79,50€ 20% OFF

 Secession is a live issue in today''s Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law.Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States'' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.
ENGLISH

Legislative Authority And Interpretation In The European Union

by Martijn (Postdoctoral Fellow, Jacques Delors Centre, Postdoctoral Fellow, Jacques Delors Centre, Hertie School) Van Den Brink

~~128,43€~~ 102,74€ 20% OFF

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 This book explores the EU legislative process and asks how moving the legislature to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The book offers a theory of legislative interpretation that enables judicial officials to interpret legislation in accordance with legislative intent.
ENGLISH

Compliance With European Consumer Law - The Case Of E-Commerce

by Felix (Postdoctoral Researcher, Postdoctoral Researcher, University Of Luxembourg) Pflucke

~~128,43€~~ 102,74€ 20% OFF

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 By assessing compliance among e-commerce traders with consumer protection laws, this book advocates for a more evidence-driven approach within European Consumer Law to enhance the effectiveness of its rules.
ENGLISH

Fiscal State Aid Law And Harmful Tax Competition In The European Union

by Dimitrios Kyriazis

~~90,09€~~ 72,07€ 20% OFF

 Dimitrios Kyriazis investigates the use of state aid rules against national tax measures, examining ECJ judgments of the early 2000s as well as the recent Commission decisions and investigations into tax schemes and individual tax rulings.
ENGLISH

Fiscal State Aid Law And Harmful Tax Competition In The European Union

by Dimitrios Kyriazis

~~90,09€~~ 72,07€ 20% OFF

 Dimitrios Kyriazis investigates the use of state aid rules against national tax measures, examining ECJ judgments of the early 2000s as well as the recent Commission decisions and investigations into tax schemes and individual tax rulings.
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