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Books > Social sciences > Politics & government > International relations > International institutions > EU & European institutions
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Towards a European Public Law (Hardcover)
Loot Price: R2,447
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Towards a European Public Law (Hardcover)
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A European public law is under construction, but how has this
occurred and what is its character? Stirn proposes that this
European public law is being constructed by the convergence of
three circles: the law of the European Union, the law of the
European Convention on Human Rights, and the different domestic
legal orders. The mutually influential relationship of these
constituents has allowed them to develop, most considerably in the
jurisprudence of the Court of Justice of the European Union and the
European Court of Human Rights. The book begins by reflecting on
the different phases of the development of the European project
from the end of the First World War. It outlines the transition
from the European Coal and Steel Community to the European Union,
as well as the other institutions contributing to these
developments. The discussion then moves to the European legal
order, which consists of the law of the European Union and the
European Convention on Human Rights. Stirn explores how, in spite
of occasional false starts and frictions, their relationship is
becoming ever closer, and how their characteristics in law are
becoming increasingly similar. Furthermore, Stirn analyses the
relationship between European law and national legal systems. The
differing approach to domestic incorporation of international law,
whether it be monist or dualist is considered, as well as the
recognition that European law is superior to domestic law. The
character specifically of EU law, and how it compares to
international and domestic law is also discussed, in particular its
unique features but also the principles it shares with domestic
law. In addition, the book examines the existence or not in member
states' of constitutional courts, the level or jurisdictional
orders and the recruitment and status of judges. Similar trends
across Europe in public administration are also accounted for and
subjected to analysis. Stirn concludes that a European model of
public administration is becoming apparent.
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