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This timely book explores the complexities of the EU's
international economic relations in the context of its commitment
to the rule of law both within the Union and internationally. It
does so from three main standpoints: the 'autonomy' of the EU and
judicial dialogue, the rule of law through treaty drafting, and the
role of international courts and tribunals in upholding the rule of
law. Bringing together diverse perspectives from both EU and
international law scholars and practitioners, the book investigates
some of the most controversial and lively issues in the field of EU
external relations, such as the relationship between EU law and
international investment arbitration. The contributions consider
how dialogue between EU law and international law can enhance the
rule of law, providing an analysis of legal issues that also offers
concrete tools for overcoming the challenges that arise from them.
Scholars and practitioners working in EU external relations,
constitutional EU law, and public international law will find this
book to be essential reading. Its critical approach will also be of
great interest to policymakers in Europe and beyond.
The European Union has evolved from a purely economic organisation
to a multi-faceted entity with political, social and human rights
dimensions. This has created an environment in which the concept of
solidarity is gaining a more substantial role in shaping the EU
legal order. This book provides both a retrospective assessment and
an outlook on the future possibilities of solidarity?s practical
and theoretical meaning and legal enforcement in the ever-changing
Union. Solidarity in EU Law examines the less explored topics of
the European solidarity debate, such as the practical
enforceability of solidaristic obligations in EU law and non-EU
investment into the economic services of general interest via
?golden shares?, at the same time contributing to the ongoing
debates on solidarity in the context of European financial crisis
and immigration, asylum and border checks. The expert editors bring
these fields together to create a cohesive analysis of the ways in
which solidarity is becoming a principle of EU constitutional law
rather than merely a philosophical or political concept. Unique and
insightful, this book is ideal reading for European law academics
and research students. Its exploration of the current laws on
solidarity regarding asylum and human rights would also benefit
advisors in non-governmental organisations, as well as legal advice
professionals working with EU citizens. Contributors: J. Bast, A.
Biondi, E. Dagilyte, D. Gallo, I. Goldner Lang, E. Kucuk, G. Lo
Schiavo, C. Rieder, P. Van Cleynenbreugel
State aid policy is based upon the principle of European Community supervision of assistance granted by the Member States, or through State resources in whatever form. It threatens to distort competition by favouring certain undertakings or the production of certain goods. This volume deals with the question how an appropriate balance can be struck between trade liberalization and the role of the State in the economy.
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EU Law after Lisbon (Hardcover)
Andrea Biondi, Piet Eeckhout; Edited by (associates) Stefanie Ripley
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R4,944
Discovery Miles 49 440
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Ships in 10 - 15 working days
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Many of the most controversial areas of reform initiated by the
Lisbon Treaty were not negotiated in the Treaty itself, but left to
be resolved during its implementation. Since the Treaty's entry
into force, the implementation process has already had a profound
impact on many areas of EU law and policy, and consolidated new
areas of power, such as over foreign investment. This collection
gathers leading specialists in the field to analyse the Treaty's
implementation and the directions of legal reform post-Lisbon.
Drawing on a range of expertise to assess and comment on the
Treaty, the contributors include both academics and practitioners
involved in negotiating and implementing the Treaty. Focusing on
the central issues and changes resulting from the Lisbon Treaty,
the contributors examine the Treaty in the broader background of
how the EU, and EU law in particular, has been developing in recent
years and provide a contextual understanding of the future
direction of EU law in the post-Lisbon era.
All legal systems provide for a form of action for non-contractual
liability. This is the first book to present an in-depth discussion
of the right of individuals to receive damages in European law.
Analyzing relevant ECJ cases, the authors detail the substantive
and procedural criteria that need to be satisfied in order for an
individual to succeed in a claim for damages against Community
institutions under Article 288 EC or against a defaulting Member
State under the court-created Francovich principle. The book
investigates the following factors and more: A* the court-developed
principles of direct effect, supremacy, and indirect effect; A*
State liability as an 'inherent principle' of European law; A*
conditions of State liability; A* cases where liability is
'automatically established'; A* extent of reparation; A* who may
bring a claim under Article 288(2); A* against whom an action may
be brought; and A* distinction between administrative and
legislative acts. A* convergence between State and Community
actions in damages. The Right to Damages in European Law will be
welcomed not only for its committed entry into an important area of
European law that has not heretofore been treated in appreciable
depth, but also for its clear and detailed analysis of the key
issues facing students and practitioners when confronted with an
issue concerning either State or Community liability.
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