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The Principle of Loyalty in EU Law (Hardcover)
Loot Price: R3,009
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The Principle of Loyalty in EU Law (Hardcover)
Series: Oxford Studies in European Law
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This is an open access title available under the terms of a CC
BY-NC-ND 3.0 International licence. It is free to read at Oxford
Scholarship Online and offered as a free PDF download from OUP and
selected open access locations. Despite its seemingly innocuous
wording, in what is now Article 4 (3) TEU, the principle of loyalty
has had a significant impact in deepening the reach of EU law
within the Member States. The duty of sincere cooperation has been
interpreted strongly by the European Courts as imposing serious
duties on States to give strong effect to European legal acts. The
principle has been central to the development of Union law since
the 1960s, and is still being relied on by the European Court of
Justice to often-controversial effect. Providing a thorough
discussion of the principle of loyalty in EU law, this book
introduces a novel classification of the very diverse roles loyalty
plays in the EU. It distinguishes between the effects loyalty
prescribes for interlocking the legal orders of the Member States
with Union law, its application in preventing and resolving
conflicts between the Union and the Member States, and the loyalty
principle's role in the shaping of EU law. It addresses important
and yet unresolved questions pertaining to loyalty, such as its
relation to the principles of solidarity, pre-emption, the Union
interest, institutional balance, and the unity of international
representation. The book explains why loyalty has been neglected in
the prevailing narratives about the foundational case law of the
European Court of Justice, and highlights its central importance to
understanding EU public law.
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