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Books > Social sciences > Politics & government > International relations > International institutions > EU & European institutions
The Oxford Handbook of Italian Politics provides a comprehensive look at the political life of one of Europe's most exciting and turbulent democracies. Under the hegemonic influence of Christian Democracy in the early post-World War II decades, Italy went through a period of rapid growth and political transformation. In part this resulted in tumult and a crisis of governability; however, it also gave rise to innovation in the form of Eurocommunism and new forms of political accommodation. The great strength of Italy lay in its constitution; its great weakness lay in certain legacies of the past. Organized crime - popularly but not exclusively associated with the mafia - is one example. A self-contained and well entrenched 'caste' of political and economic elites is another. These weaknesses became apparent in the breakdown of political order in the late 1980s and early 1990s. This ushered in a combination of populist political mobilization and experimentation with electoral systems design, and the result has been more evolutionary than transformative. Italian politics today is different from what it was during the immediate post-World War II period, but it still shows many of the influences of the past.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The Global Financial Crisis has re-ordered how the EU intervenes in the EU financial market, both with respect to regulation and with respect to supervision. After 5 years of a behemoth reform agenda, the new landscape is now clear. Rule-making power has decisively moved to the EU and radical reforms have been made to the organization of supervision. EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law. The book also examines the far-reaching institutional changes which have followed and considers in detail the role and impact of the European Securities and Markets Authority and the potential impact of the Single Supervisory Mechanism for euro area banks on the supervision of the EU financial market. EU Securities and Financial Markets Regulation is the third edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Almost entirely recast and re-written from the 2008 second edition to reflect the changes wrought by the Global Financial Crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, international, institutional, and constitutional context of the new regulatory and supervisory regime, and the underlying forces which have (and will continue to) shape it.
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
This book investigates the role of bourgeoisie society and the political developments of the nineteenth century in the peculiarities of German history. Most historians attribute German exceptionalism to the failure or absence of bourgeois revolution in German history and the failure of the bourgeoisie to conquer the pre-industrial traditions of authoritarianism. However, this study finds that there was a bourgeois revolution in Germany, though not the traditional type. This so-called silent bourgeois revolution brought about the emergence and consolidation of the capitalist system based on the sanctity and disposability of private property and on production to meet individual needs through a system of exchange dominated by the market. In this connection, this book proposes a redefinition of the concept of bourgeois revolution to denote a broader pattern of material, institutional, legal, and intellectual changes whose cumulative effect was all the more powerful for coming to be seen as natural.
This is an authoritative, one-volume, and independent treatment of the history, functioning and nature of the European integration. Written by a selection of leading scholars. It covers the major institutions, policies, and events in the history of integration, whilst also providing a guide to the major theoretical approaches that have been used to study it over time. By bringing together such a distinguished cast covering such a wide array of themes, the Handbook is intended as a one stop shop for all those interested in the European Union and its predecessors. Written in an accessible style, the volume is intended to shape the discipline of EU studies, and to establish itself as the essential point of reference for all those interested in European integration, both in universities and more broadly. It represents a timely guide to an institution that is much discussed but often only imperfectly understood.
European law has come to influence almost all fields of national law, including administrative, constitutional, contract, criminal and even tort law. But what is the European Union? How does it work? How does it produce European law? This book uses a clear framework to guide readers through all core constitutional and substantive topics of EU law. New content includes: a Brexit chapter covering the negotiation process and the possible future relationships between the United Kingdom and the European Union, new EU private international law and EU criminal law sections, and extended coverage of delegated legislation, human rights and free movement of persons. All chapters reflect judicial and legislative practice up to 31st December 2017. Key features include case extracts accompanied by extensive critical discussion of the theoretical and practical aspects of EU law, over 100 figures and tables clarifying complex topics and a companion website with full 'Lisbonised' versions of cited cases and many extra materials.
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. Analysing the level of protection offered to four identified types of investments, Dominik Moskvan argues that certain investors will find more favourable substantive protection under the framework of EU law as opposed to intra-EU BITs. However, he also highlights the loss of investment safeguards significant to more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market. This book's discussion of the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policymakers when challenged with forming recommendations aimed at improving intra-EU investment policy. The comparative legal analysis from an investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.
Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in a number of member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram-down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within a broader EU legal context, this book will be an insightful read for EU policy-makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.
This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy. Chapters address the significance of State aid to various aspects of the political and legal systems of the Member States, including taxation, the financial sector, and the interplay between EU rules on State aid, free movement and public procurement. The Research Handbook further examines the application of the State aid rules to major sectors of the EU economy and introduces brand new themes for State aid analysis, such as arbitration, social services and the impact of Brexit. Featuring theoretical explorations and empirical studies, this Research Handbook will be crucial reading for scholars and researchers of EU State aid law, especially those searching for new avenues of research. It will also be a useful reference point for officials in national governments and the European Commission who are engaged in the State aid approval process. Judges hoping to expand their knowledge of EU State aid law and policy will also benefit from this insightful Research Handbook.
This timely book sets out a shrewd and comprehensive policy programme, for both 'microeconomic' supply-side settings of tax and regulatory systems, and 'macroeconomic' policies for fiscal and monetary policies to regulate demand and support the supply-side growth agenda. Explaining the numerous benefits of free trade after Britain's exit from the EU, and challenging the anti-Brexit argument, Patrick Minford builds on his extensive research into economic modelling to quantify the effects of Brexit and propose policies for the aftermath. Laying out an agenda for replacing social interventionist EU regulation with a robust free market framework, Minford proposes a radical tax reform programme to broaden the tax base and flatten marginal rates. This incisive book looks to the future of the UK beyond Brexit, addressing the effects of coronavirus and proposing an avenue of policies for recovery. Featuring key empirical analysis and insightful arguments, this book will be crucial reading for economists and policymakers investigating and overseeing the future of UK economic policy. It will also benefit scholars of economics and political economy, particularly those interested in tax reform programmes.
This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), the author explores the ways in which this new EU legislative framework has succeeded in transforming this legal subject into a driver of innovation. The author explains and analyses in detail the fundamental characteristics of the Innovation Partnership Procedure, while also investigating whether the EU will be capable of increasing the levels of innovation procurement in public sectors of all Member States. Issues and elements of the procedure that can be viewed as challenges of the EU harmonisation process are also considered throughout. Thought-provoking and thorough, EU Public Procurement and Innovation will be a key resource for practitioners, lawyers and consultants in all Member States looking to better understand how to use the Innovation Partnership Procedure within the EU law and legal framework.
Identifying a crisis for representative democracy in Western European party systems, this essential book studies the widening gap between political parties' ideological economic Left-Right rhetoric and their increasing convergence on policymaking. Addressing whether these ideologies are converging or diverging, it answers whether these changes are initiated by the parties themselves, aligned with voter demand, or forced by economic globalization. The crisis of representative democracy in Western Europe is a prevalent issue in comparative politics. This comprehensive study assesses the problems faced by representative democracy by analysing ideological polarization and inter-party conflict in relation to the changing linkage between citizens, parties, and public policies, and the implications this has for representative democracy. Considering both supply-side and demand-side theories, it analyses five major theoretical themes central to the ideological convergence and polarization within party systems, including the cartel party thesis, the median voter theorem, realignment theory, consensus democracy theory, and globalization theory. Going beyond theory, chapters use five decades of empirical research to present new and unique longitudinal and comparative data sets covering eight party systems, ultimately providing a more accurate diagnosis of the vitality of representative democracy in contemporary Western Europe. Combining in-depth theoretical analysis with empirical research, this comprehensive book will prove invaluable to students and scholars of politics and political science, and policymakers concerned with party systems.
This insightful book analyzes the evolution of the operational tasks and cooperation of the European Border and Coast Guard Agency (FRONTEX), the European Asylum Support Office (EASO) and the European Union Agency for Law Enforcement Cooperation (EUROPOL). Exploring the recent expansion of the legal mandates of these decentralized EU agencies and the activities they undertake in practice, David Fernandez-Rojo offers a critical assessment of the EU migration agencies. The book identifies two key trends in the administration of the European Area of Freedom, Security and Justice. Fernandez-Rojo discusses how on one hand the new legal frameworks of FRONTEX, EASO and EUROPOL stress that their operational roles are limited to providing national authorities with technical assistance, while on the other hand these agencies are increasingly involved in guaranteeing the enforcement of EU migration, asylum and border management measures. The book expertly illustrates how FRONTEX, EASO and EUROPOL establish an effective and uniform national implementation of laws and policies, with a focus on their multilateral cooperation in the hotspots established in the aftermath of the refugee crisis. Examining the de jure and de facto operational powers and cooperation of EU migration agencies, this book will be critical reading for academics and students of law, international relations and political science. Its assessment of the effectiveness of policy implementation will also be beneficial for legal practitioners, policy makers and NGOs.
This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory. Key features include: Examples and cases that illustrate central concepts of the economic analysis of law in relation to civil law doctrines Examination of the core areas of civil law: tort law, contract law, property law, intellectual property law as well as basic problems of insolvency law and corporate law In-depth analysis of the legal rules of statutory law and judge-made law, demonstrating the extent to which these rules are either based on economic criteria or run parallel to them - and the extent to which such criteria facilitate the application and further development of law. This substantially revised second edition presents the latest insights into legal economic research, including important empirical and behavioural deliberations. It will be a valuable guide for advanced undergraduate and postgraduate students of law and economics.
The Handbook on European Union Climate Change Policy and Politics provides a wide-ranging and in-depth assessment of current and emerging challenges facing the EU in committing to and delivering increasingly ambitious climate policy objectives. It traces the development of climate and energy policies since the early 1990s and examines their continued evolution in the context of the 2019 European Green Deal. With contributions from leading international scholars, it describes the key dynamics driving policy developments and the role of key actors in climate and energy-related policy processes. Covering topics that have previously been relatively neglected, or have recently gained greater significance, such as finance and investment, ‘hard to abate’ sectors and negative emissions, this timely Handbook offers an up-to-date and unrivalled exploration of the complexities of climate policymaking. It will be of primary interest to academics researching EU politics, and environmental politics, policy, regulation and governance more widely. It will be especially pertinent to students and researchers who require more specialized knowledge of EU climate policy and politics.
Through a pioneering analysis of two critical junctures in EU counter-terrorism, this topical book examines the drivers, conditions and impediments for policy integration and information-exchange institutionalisation in EU counter-terrorism. Taking a deep dive into the key questions surrounding EU counter-terrorism, Christine Andreeva utilises distinct terrorism case studies over two decades to investigate the evolution of information-sharing in EU counter-terrorism. Using an innovative theoretical framework combining historical and constructivist institutionalism, the book examines key events in EU counter-terrorism development: the 2015-2016 Paris and Brussels attacks and the 2004-2005 Madrid and London attacks. Identifying a post-2015 paradigm policy shift, the book traces the increased efficiency of cross-border and inter-agency co-ordination in the EU's counter-terrorism policy. Andreeva demonstrates how institutionalisation, information-sharing and improved legislative frameworks have led to further policy integration and added significant value to international EU counter-terrorism efforts. Illustrating the importance of practitioners' perception of EU added value in counter-terrorism, this book will be essential to scholars and students of public policy, particularly those studying EU and international politics and EU counter-terrorism. Its empirical findings will also be useful to policymakers and practitioners in security and counter-terrorism fields.
This timely book critically examines the European Social Model as a contested concept and concrete set of European welfare and governance arrangements. It offers a theoretical and empirical analysis of new economic models and existing European investment strategies to address key issues within post-Covid-19 Europe. The authors explore the structural inequalities that have been shaped by strong imbalances in the relationship between public health, work, formal and informal care, inequality, poverty and the labour market across Europe. They then assess the potential of new economic models and measures, when combined with existing European governance and collaborative welfare arrangements, to repair the European Social Model. With a particular focus on policy measures that affect young and older people in Europe, chapters also provide a critical insight into the fragmented, multi-actor and multidimensional process of building a European social space that has led to the hybridization of welfare systems. Offering a firm theoretical foundation to the understanding of European welfare arrangements and the social open method of coordination, this book will be a valuable resource for academics and students of European social policy, comparative social policy and European governance. Its analysis of empirical evidence relating to the implementation of policy measures will also be beneficial for policymakers and practitioners working in health, social care and welfare fields.
In this timely and insightful book, Laura Maxim evaluates the use of socio-economic analysis (SEA) in the regulation of potentially carcinogenic, mutagenic, and toxic chemicals. Retracing the history of the use of cost-benefit analysis in chemical risk policies, this book presents contemporary discourse on the political success of SEA. Informed by empirical research, theoretical analysis, and professional experience in implementing EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), Maxim proposes a new form of risk regulation called 'regulatory co-management', of which SEA has become a convenient tool. Chapters outline the controversy surrounding cost-benefit analysis in the US, the history of chemical regulation in Europe since 1967, and the construction and institutionalization of the European Chemicals Agency's (ECHA) socio-economic guidelines. The book concludes by analyzing legal, political, and ethical criticisms of the role of SEA in the authorization of chemicals such as lead chromate, chromium trioxide, and sodium dichromate. With direct relevance to ongoing debates about the revision of EU chemicals policy, this unique book will be essential reading for practitioners of socio-economic analysis and stakeholders involved in REACH. It will also be beneficial to academics and students of environmental governance and regulation, European politics and policy, and industrial economics.
This innovative Research Handbook explores judicial, scholarly, and theoretical approaches to general principles in the EU legal order against the backdrop of considerable uncertainty about the concept. It does so by analysing both a diverse range of general principles in discrete areas of EU law ('zooming in') and external, wider perspectives on the notion of a general principle of law from international law, comparative law, and legal theory ('zooming out'). Rather than arguing for a single closed definition of what a general principle of law in the EU legal order must look like, this Research Handbook identifies conceptual, theoretical, and legal parameters within which the doctrine of general principles can be meaningfully discussed and contested in EU law. The different analytical layers built into this Research Handbook shed light on whether general principles are defined by the different contexts in which they apply; whether general principles are in practice leading to more coherence between different areas of EU law; and what challenges they create for the EU legal order. Chapters thus contribute to a more refined methodological and doctrinal understanding of general principles in the EU legal order. Opening up new spaces to critically reflect on the concept, role, significance, and limitations of general principles, the Research Handbook on General Principles in EU Law will be a key resource for scholars and students of European law, politics, and theory of integration and internationalisation.
Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville's classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition. As well as setting out the legal framework for the main IP rights - copyright, patents, designs, trademarks, and related rights - the book examines the enforcement of IP rights, and the relationship of IP with the EU's rules on the free movement of goods and competition. It also addresses the increasingly global exploitation of IP, while harmonisation remains partial, even at the EU level. This authoritative reference work is a rigorous and precise account of these complex and technical fields. It will be an essential resource for both practitioners and scholars in the field of IP. Key Features: Significantly updated and expanded since the second edition Precise and eloquent examination of all IP rights in the EU Coverage of the interaction between EU, National and International laws A key reference work for practitioners and academics
Constituting a major contribution to literature on the European Union, this comprehensive Companion analyses the structure and value of the EU, capturing the normality of its politics alongside crises and political breakdown. Examining the EU through the lenses of political science, history, law, sociology and international political economy, the Companion provides a holistic outline of the methodological controversies and core theoretical approaches in European studies. Taking a closer look into the governance of and regulation within the EU, chapters consider its range of actors and decision-making processes before exploring the regulation and redistributive policies of the internal market. Forward-thinking, the Companion concludes with a discussion of the EU’s strategies in responding to issues of increasingly global significance, including climate change, migration and war. Reflecting on the evolution of politics beyond the nation-state, it predicts a shift in the EU’s raison d'être from inward narratives of internal prosperity to outward narratives of increasingly competitive international power. International and interdisciplinary in scope, the contributions will be invaluable to students and scholars of international and EU politics, policy and relations. Tracing the potential future directions of the EU, it will also be a vital resource to policymakers working in EU regulation and governance.
The Development of the EU as a Sea-Policy Actor explores the marine and maritime policies of the European Union (EU), including fisheries, maritime transport, marine environment and maritime safety policies. These policies have made the EU an important sea-policy actor internally and externally. The author places the EU's sea-related policies in a historical context and discusses the explanatory power of various political science theories, international relations and regional integration theories in particular. What emerges clearly is that no one theory can explain the observed developments, but that we need to combine theories to get a fuller understanding and explanation of what is also referred to as the Blue Europe. Entrepreneurship and small business management educators, researchers, scholars, university administrators and mentors and advisors to entrepreneurs will glean the latest insights, programming overviews, best practices and contemporary perspectives that have real applications in these fields.
This incisive book provides key interdisciplinary perspectives on the current challenges faced by EU policymakers in framing and implementing a coherent European industrial policy, employing specific case studies from the digital, automotive, steel and defence industries as well as concrete examples of EU policies. Comprehensive and analytical, the book investigates the long-term structural causes of the absence of a strong industrial policy at Union level. Examining the tensions that exist between member states and EU institutions regarding industrial and competition policies, expert contributions assess the conditions for an integrated EU industrial policy to emerge. A comparative analysis between the industrial policies of the EU, US and China is developed as chapters explore how the EU maintains its position in global value chains while other major partners are forced to pursue strategic trade and industrial policies to retain their dominant position. The book concludes with a presentation of prospective scenarios to assess the future technological evolution of the EU. EU Industrial Policy in the Multipolar Economy will be an essential resource for academics and practitioners concerned with EU current affairs, global governance, industrial economics and international trade. Its use of case studies and original data will allow governments, EU institutions, NGOs and EU public affairs consultants and analysts to assess their policymaking options in the fields of research, industrial policy and sustainable development. |
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