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ENGLISH

Assessing The Common European Asylum System - Discretionary Implementation And Street-Level Bureaucracy

by Radu-Mihai Triculescu

~~225,25€~~ 202,73€ 10% OFF

 How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
ENGLISH

How Eu Member States Represent The Common Purpose Of Migration Management

by Sebastian Meyer

~~275,60€~~ 248,04€ 10% OFF

 Since the 'refugee crisis' in 2015, EU Member States have claimed to represent or act on behalf of the Union when regulating migration. Some measures were outside or at the margins of the EU legal order. How can Member States reconcile their double bind as members of the Union and as sovereign nation states? Enriching legal doctrine with constitutional theories, this book argues that EU law is still able to uphold the rule of law, in line with its foundational promise, while also empowering the Member States to govern migration in the common European interest.
ENGLISH

Eu Withdrawal As A Supranational Affair - The Case Of Brexit

by Polly Polak

287,53€ + 10% CARD

 The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to 'take back control' but have also been especially present during the process of Britain's withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State's withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.
ENGLISH

Court Of Justice Of The European Union - Rule Of Law Guardian For The Public Health Derogation

by Kate Shaw

251,75€ + 10% CARD

 In an era of Covid 19, The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU's rule of law in a public health emergency. Drawing on an extensive literature review, The Court of Justice of the European Union argues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU's rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
ENGLISH

Law And Practices Of Delegated Rulemaking By The European Commission

by Zamira Xhaferri

336,55€ + 10% CARD

 This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between "law on the books" and "law in action" to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.
ENGLISH

Eu Law And International Investment Arbitration - The Compatibility Of Isds In Bilateral Investment Treaties (Bits) And The Energy Charter Treaty (Ect) With The Autonomy Of Eu Law

by Michael De Boeck

369,68€ + 10% CARD

 The EU's participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States' BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
ENGLISH

Capital, Market And The State - Reconciling Free Movement Of Capital With Public Interest Objectives

by Ilektra Antonaki

290,18€ + 10% CARD

 This book explores how the EU free movement of capital provisions can be interpreted in order to allow certain forms of State participation in the market for the purposes of protecting public interest objectives in the context of privatisations and golden shares. Drawing from the international controversy regarding the risks and benefits of capital liberalisation, the book argues that the broad interpretation of 'capital restrictions' under Article 63 TFEU has significant consequences for national political economy choices and investigates the extent to which the existing legal framework set out in the Treaties offers room for reconciling economic integration with societal values.
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Investment Governance Between The Energy Charter Treaty And The European Union

eBook 10%

ENGLISH

Investment Governance Between The Energy Charter Treaty And The European Union - Resolving Regulatory Conflicts

by Ottavio Quirico

266,33€ + 10% CARD

 Against the background of climate change, the Energy Charter Treaty and the law and policy of the European Union are no longer fully aligned with each other: in the case of a conflict in the area of investment regulation, what norms should apply? Within the framework of the ongoing reform of the international investment system, notably, investor-State dispute settlement, and of the modernisation of the Energy Charter Treaty, Ottavio Quirico explores how to approach regulatory conflicts and re-harmonise the Energy Charter Treaty with the law of the European Union.
ENGLISH

Constitutional Framework For Enhanced Cooperation In Eu Law

by Robert Bottner

339,20€ + 10% CARD

 Enhanced Cooperation allows a group of Member States to use the EU's competences and institutions to pursue a project within the Union's framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Bottner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool's legal limits, but also its potential for European integration.
ENGLISH

Presumption Of Innocence In Eu Anti-Cartel Enforcement

by Aiste Mickonyte

271,63€ + 10% CARD

 In this monograph, Aiste Mickonyte examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
ENGLISH

Complex Equality And The Court Of Justice Of The European Union - Reconciling Diversity And Harmonization

by Richard Lang

296,80€ + 10% CARD

 The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle's doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU's judges complement the Aristotelian test with a new one based on Michael Walzer's theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
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Balancing Student Mobility Rights And National Higher Education Autonomy In The European Union

eBook 10%

ENGLISH

Balancing Student Mobility Rights And National Higher Education Autonomy In The European Union

by Alexander Hoogenboom

288,85€ + 10% CARD

 Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems. In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union, Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.
ENGLISH

Court Of Justice Of The European Union - Subsidiarity And Proportionality

by Kate Shaw

275,60€ + 10% CARD

 In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.
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European Atomic Energy Community In The European Union Context

eBook 10%

ENGLISH

European Atomic Energy Community In The European Union Context - The 'Outsider' Within

by Ilina Cenevska

310,05€ + 10% CARD

 Ilina Cenevska's new book, The European Atomic Energy Community in the European Union Context: The 'Outsider' Within explores the unique nature of the Euratom Community as an entity that establishes a supranational regulation in the civil nuclear industry, which, while formally belonging to the European Union construct, is coincidentally somewhat kept 'outside' the mainstream developments in the Union. The book surveys Euratom's status as an 'outsider within' the European Union through the correlation between the principles and mechanisms particular to the functioning of the Euratom legal framework and those devised under the Union framework stricto sensu, focusing on two specific areas - nuclear safeguards and health and safety in the nuclear domain.
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Rights Of Third-Country Nationals Under Eu Association Agreements

eBook 10%

ENGLISH

Rights Of Third-Country Nationals Under Eu Association Agreements - Degrees Of Free Movement And Citizenship

294,15€ + 10% CARD

 Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens' rights defining the status of associated countries between membership and partnership.
ENGLISH

Function Of Proportionality Analysis In European Law

by Tor-Inge Harbo

300,78€ + 10% CARD

 The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be "balanced" or where courts engage in a proportionality analysis "stricto sensu". In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.
ENGLISH

Market Supervision In The European Union - Integrated Administration In Constitutional Context

by Pieter Van Cleynenbreugel

339,20€ + 10% CARD

 In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares and reconstructs the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation (competition, financial services, chemicals, consumer law, electronic communications and energy).EU market supervision developments have been plentiful over the past decade, but have so far mainly been studied in their own sector-specific context. On the basis of an innovative cross-sector investigation, Pieter Van Cleynenbreugel identifies and conceptualises common or converging EU constitutional benchmarks underlying those sector-specific administrative design developments. Those benchmarks better allow to conceptualise, predict and restrain future EU integrated administration structures and initiatives in those and other fields of European Union law.
ENGLISH

Political Accountability Of Eu And Us Independent Regulatory Agencies

by Miroslava Scholten

307,40€ + 10% CARD

 The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., 'excessive diversity in the EU vs. uniformity in the US', and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies' political accountability could be adjusted in the ongoing reform on agencies' creation and operation.
ENGLISH

National Judges As Eu Law Judges: The Polish Civil Law System

by Urszula Jaremba

367,03€ + 10% CARD

 National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical - that is to say quantitative and qualitative - methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
ENGLISH

Supranational Citizenship And The Challenge Of Diversity - Immigrants, Citizens And Member States In The Eu

by Francesca Strumia

249,10€ + 10% CARD

 In Supranational Citizenship and the Challenge of Diversity Francesca Strumia explores the potential of European citizenship as a legal construct, and as a marker of group boundaries, for filtering internal and external diversities in the European Union. Adopting comparative federalism methodology, and drawing on insights from the international relations literature on the diffusion of norms, the author questions the impact of European citizenship on insider/outsider divides in the EU, as experienced by immigrants, set by member states and perceived by "native" citizens. The book proposes a novel argument about supranational citizenship as mutual recognition of belonging. This argument has important implications for the constitution of insider/outsider divides and for the reconciliation of multiple levels of diversity in the EU.
ENGLISH

Civic Citizens Of Europe - The Legal Potential For Immigrant Integration In The Eu, Belgium, Germany And The United Kingdom

by Moritz Jesse

294,15€ + 10% CARD

 In The Civic Citizens of Europe: The Legal Potential for Immigrant Integration in the EU, Belgium, Germany, and the United Kingdom, Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures, rights to family migration, permanent residence, and integration measures in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.
ENGLISH

Consent In European Data Protection Law

by Eleni Kosta

389,55€ + 10% CARD

 Today, consent is a fundamental concept in the European legal framework on data protection. The analysis of the historical and theoretical context carried out in this book reveals that consent was not an intrinsic notion in the birth of data protection. The concept of consent was included in data protection legislation in order to enhance the role of the data subject in the data protection arena, and to allow the data subject to have more control over the collection and processing of his/her personal information. This book examines the concept of consent and its requirements in the Data Protection Directive, taking into account contemporary considerations on bioethics and medical ethics, as well as recent developments in the framework of the review of the Directive. It further studies issues of consent in electronic communications, carrying out an analysis of the consent-related provisions of the ePrivacy Directive.
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Eu Competition Law And Liberal Professions: An Uneasy Relationship?

eBook 10%

ENGLISH

Eu Competition Law And Liberal Professions: An Uneasy Relationship?

by Ida E. Wendt

439,90€ + 10% CARD

 In the EU, activities of the liberal professions (legal, medical, technical and accountancy professions) are subject to self- and state regulation. Traditionally their regulatory schemes have been legitimised on the basis of the societal role liberal professions assume, dismissing EU competition law as a means of addressing restrictions in professional services markets. Reflecting on the role of professional associations in rule making processes, this book assesses the authority and democratic legitimacy of professional rules with a comprehensive rereading of the principles governing EU competition law (including Article 102 and 106(2) TFEU). As a result, this book challenges the use of a diffuse public interest concept and the dichotomy maintained in past legal writing between competition and non-economic interests in professional regulation.
ENGLISH

Eu Law And Private International Law - The Interrelationship In Contractual Obligations

by Jan-Jaap Kuipers

257,05€ + 10% CARD

 The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.

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