|
Showing 1 - 10 of
10 matches in All Departments
First published in 1997. Article 224 is one of the most powerful
Articles of the Treaty of Rome, allowing a member state to take
unilateral measures and to suspend some or all its Treaty-based
obligations in times of what can loosely be described as serious
internal turmoil or external threat. It is for this reason that the
very next Article of the Treaty, Article 225, allows the Commission
or a member state to challenge invocation of Art.224, before the
European Court of Justice (ECJ), on grounds of improper use. In
practice, the use of Art.224, by a member state presents multiple
problems. The obvious connection with defence and security issues
has inhibited the ECJ which still has not given and authentic
interpretation of this Article. As the recent former Yugoslav
Republic of Macedonia (FYROM) cases (Greek referral for the embargo
on FYROM) indicate, unless the use of Art.224 is blatantly
flippant, the ECJ is not in a position to challenge a member
state's unilateral measures.
First published in 1997. Article 224 is one of the most powerful
Articles of the Treaty of Rome, allowing a member state to take
unilateral measures and to suspend some or all its Treaty-based
obligations in times of what can loosely be described as serious
internal turmoil or external threat. It is for this reason that the
very next Article of the Treaty, Article 225, allows the Commission
or a member state to challenge invocation of Art.224, before the
European Court of Justice (ECJ), on grounds of improper use. In
practice, the use of Art.224, by a member state presents multiple
problems. The obvious connection with defence and security issues
has inhibited the ECJ which still has not given and authentic
interpretation of this Article. As the recent former Yugoslav
Republic of Macedonia (FYROM) cases (Greek referral for the embargo
on FYROM) indicate, unless the use of Art.224 is blatantly
flippant, the ECJ is not in a position to challenge a member
state's unilateral measures.
This informative book provides an in-depth study of Cyprus' efforts
to join the European Union. It examines the various steps taken
towards harmonization in various contexts, the suitability of the
country for EU accession, and the political problems surrounding
the Cypriot EU accession. Constantin Stefanou also broadens the
scope to consider the wider issues surrounding EU accession
negotiations for applicant countries, especially with reference to
the new and untested EU guidelines. The volume will be of great
value to those interested in Europe and the European Union in
general, and European Law and the development of Cyprus in
particular.
This informative book provides an in-depth study of Cyprus' efforts
to join the European Union. It examines the various steps taken
towards harmonization in various contexts, the suitability of the
country for EU accession, and the political problems surrounding
the Cypriot EU accession. Constantin Stefanou also broadens the
scope to consider the wider issues surrounding EU accession
negotiations for applicant countries, especially with reference to
the new and untested EU guidelines. The volume will be of great
value to those interested in Europe and the European Union in
general, and European Law and the development of Cyprus in
particular.
Drafting Legislation sets out to prove Sir William Dale's doctrine
that the rules for drafting good quality legislation are the same
in common and civil systems of law. Legislative solutions can
therefore serve the drafter, the judge and the practitioner of any
jurisdiction. The book discusses the general issue of quality in
legislation from the legislative process to the actual drafting
interpretation and enforcement. It also analyzes topics related to
quality in legislation such as clarity, precision and disambiguity,
plain language and gender-neutral language and assesses whether Sir
William's view of universality in the definition and elements of
quality in legislation is right or not. The volume is of critical
interest to students and scholars of European law and the
philosophy and theory of law.
Drafting Legislation sets out to prove Sir William Dale's doctrine
that the rules for drafting good quality legislation are the same
in common and civil systems of law. Legislative solutions can
therefore serve the drafter, the judge and the practitioner of any
jurisdiction. The book discusses the general issue of quality in
legislation from the legislative process to the actual drafting
interpretation and enforcement. It also analyzes topics related to
quality in legislation such as clarity, precision and disambiguity,
plain language and gender-neutral language and assesses whether Sir
William's view of universality in the definition and elements of
quality in legislation is right or not. The volume is of critical
interest to students and scholars of European law and the
philosophy and theory of law.
This book offers unique insight to the regulatory, operational, and
institutional advances of OLAF (the European Commission's
Anti-Fraud Office). Since OLAF was set up in 1999, changes in the
three levels of OLAF's functional environment have taken place:
continuing advances in EU criminal law, especially in the areas of
mutual assistance and substantive criminal law; the reconstruction
of Eurojust and Europol though recent regulations and memoranda of
cooperation; and the prospect of the Lisbon Treaty. The book shares
the view that OLAF's current legal framework must adequately
address these issues. The book's approach is multi-disciplinary.
OLAF is examined through the prism of law and EU politics, thus
focusing not only on the identification of current problems in
regulation and procedure, but also on the feasibility of the
institution in the future of European integration. This approach is
dialectic in that after the exposure of regulatory and
institutional defaults, operational solutions are then discussed.
Although there is little doubt that OLAF suffers from regulatory
discrepancies and institutional inefficiencies, there is value in
the argument that its staff has managed to devise operational and
functional mechanisms that address some of these problems, allowing
the institution to proceed legitimately with its crucial role in
combating fraud within the EU. Notwithstanding the efficiency and
ingenuity of its staff, the need for express rules covering
procedural and operational issues must be safeguarded in
regulation. (Series: Studies in International and Comparative
Criminal Law)
The success of the four core freedoms of the EU has created fertile
ground for transnational organised crime. Innovative, transnational
legal weapons are therefore required by national authorities. The
availability of data on criminal convictions is at the forefront of
the debate. But which mechanism for availability can be used
effectively while at the same time respecting an increasingly
higher level of data protection at national level? In the fluid,
post-'Reform Treaty' environment, the EU is moving towards the
creation of a European Criminal Record which will ultimately secure
availability of criminal data beyond the weaknesses of Mutual Legal
Assistance mechanisms. Examining the concept of a European Criminal
Record in its legal, political and data protection dimensions, this
multidisciplinary study is an indispensable exploration of a major
initiative in European Criminal Law which is set to monopolise the
debate on EU judicial co-operation and enforcement.
The success of the four core freedoms of the EU has created fertile
ground for transnational organised crime. Innovative, transnational
legal weapons are therefore required by national authorities. The
availability of data on criminal convictions is at the forefront of
the debate. But which mechanism for availability can be used
effectively while at the same time respecting an increasingly
higher level of data protection at national level? In the fluid,
post-'Reform Treaty' environment, the EU is moving towards the
creation of a European Criminal Record which will ultimately secure
availability of criminal data beyond the weaknesses of Mutual Legal
Assistance mechanisms. Examining the concept of a European Criminal
Record in its legal, political and data protection dimensions, this
multidisciplinary study is an indispensable exploration of a major
initiative in European Criminal Law which is set to monopolise the
debate on EU judicial co-operation and enforcement.
There is little doubt that a series of EU Directives on money
laundering and on public procurement have not reduced the incidence
of financial crime in public contracts, in banking transactions, or
in dealings among the "vulnerable" professions (mainly accountants,
lawyers, and notaries). It is the convincingly argued thesis of
this book that this failure stems directly from the dependence of
these EU Directives on national laws on criminal records.
Harmonisation of these laws, the book demonstrates, is not only
necessary but urgent. In eighteen incisive essays, leading European
authorities in the field provide in-depth discussion of such
elements of the subject as methodologies for collecting criminal
records, the authorities maintaining such records, the contents of
such records and who has access to them, and conflicts with human
rights and privacy legislation. The authors show that these factors
and others vary enormously from country to country. They recommend
EU initiatives that clearly mandate such specifications as the
following: efficient exchange of criminal record data among
national authorities; which crimes lead to compulsory exclusion
from employment, membership, or participation in banking or public
tenders; the specific types of employment, membership, and
participation affected; erasure period for convictions; level of
access for banks, professional associations, and tendering
authorities to criminal records; and, exchange of criminal record
data in the framework of EU data protection legislation. Standing
as it does at a pressure point where criminal law collides with
human rights on the one hand and public contracts on the other,
this seminal work has a great deal to offer interested parties in
several diverse fields of law and administration. The findings and
recommendations of its authors are sure to evoke debate across a
broad spectrum of academic, professional, and policymaking
endeavour.
|
|