Essay from the year 2009 in the subject Politics - International
Politics - Topic: European Union, grade: A-Grade with Distinction,
South Bank University London (Faculty of Art and Human Sciences),
course: European Policy, language: English, comment: Subsidiarity
is described as a condition sine qua non for federal systems of
shared competences and the EC's procedure is analysed on the
example of the directive on the ban of tobacco advertisement.,
abstract: The subject of this essay is the implementation of the
subsidiarity-principle in the EC's legal order. While EC-laws have
supremacy over national laws and become a part of the national
legal order, self-standing national laws are applicable where the
EC has no legislative competence. In this aspect, the EC's system
is comparable to e.g. the German federal system. The essay shows
that the EC's legislative system balances the powers of the
supranational and the national level by certain legal instruments:
The principle of "limited empowerment," the distinction between
exclusive and competitive competences and the necessity of a "legal
basis" for every supranational legislative act. As their
justiciability is essential for the lower levels' protection from
power centralisation the Member States can litigate at the European
Court of Justice against "lack of competence" when the EC meddles
in affairs for which it is not empowered. The theoretical
implementation as well as the - sometimes unsatisfying - practical
application of these instruments is illustrated on the examples of
two EC-directives on the ban of tobacco advertisements and the
German litigation against them for "lack of competence."
General
Imprint: |
Grin Verlag
|
Country of origin: |
Germany |
Release date: |
July 2009 |
First published: |
August 2013 |
Authors: |
Andrea Daniel
|
Dimensions: |
216 x 140 x 3mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
40 |
ISBN-13: |
978-3-640-37327-7 |
Categories: |
Books >
Social sciences >
Politics & government >
General
|
LSN: |
3-640-37327-8 |
Barcode: |
9783640373277 |
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!