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This well-documented book comprises a stellar cast of European and
American authors delivering an overview of cutting edge issues in
the areas of trade and competition law, arising in the EU and
beyond. Written from an international perspective, hotly debated
topics include: challenges in international monetary law; the EU
and free trade; treaty interpretation; WTO dispute settlement; the
domestic law effect of the WTO in the EU and public and private
enforcement of competition law, amongst many others. Set out to
become a key work of reference for many legal practitioners, policy
makers and academics alike across the globe, Trade and Competition
Law in the EU and Beyond uniquely tackles the two very different,
yet related, topics of trade and competition law.
This book takes a wide-ranging approach to tackle the complex
question of the current state of constitutional democracy in the
EU. It brings together a broad set of academics and practitioners
with legal and political perspectives to focus on both topical and
perennial issues concerning constitutional democracy (including
safeguarding the rule of law and respect for fundamental rights) in
theory and practice, primarily at EU level but also with due regard
to national and global developments. This approach underlines that
rather than a single problematique to be analysed and resolved, we
are presently facing a kaleidoscopic spectrum of related challenges
that influence each other in elusive, multifaceted ways. Critical
Reflections on Constitutional Democracy in the European Union
offers a rich analysis of the issues as well as concrete policy
recommendations, which will appeal to scholars and practitioners,
students and interested citizens alike. It provides a meaningful
contribution to the array of existing scholarship and debate by
proposing original elements of analysis, challenging often-made
assumptions, destabilising settled understandings and proposing
fundamental reforms. Overall, the collection injects a set of fresh
critical perspectives on this fundamental issue that is as
contemporary as it is eternal.
This book takes a wide-ranging approach to tackle the complex
question of the current state of constitutional democracy in the
EU. It brings together a broad set of academics and practitioners
with legal and political perspectives to focus on both topical and
perennial issues concerning constitutional democracy (including
safeguarding the rule of law and respect for fundamental rights) in
theory and practice, primarily at EU level but also with due regard
to national and global developments. This approach underlines that
rather than a single problematique to be analysed and resolved, we
are presently facing a kaleidoscopic spectrum of related challenges
that influence each other in elusive, multifaceted ways. Critical
Reflections on Constitutional Democracy in the European Union
offers a rich analysis of the issues as well as concrete policy
recommendations, which will appeal to scholars and practitioners,
students and interested citizens alike. It provides a meaningful
contribution to the array of existing scholarship and debate by
proposing original elements of analysis, challenging often-made
assumptions, destabilising settled understandings and proposing
fundamental reforms. Overall, the collection injects a set of fresh
critical perspectives on this fundamental issue that is as
contemporary as it is eternal.
Better Regulation in the EU is a perennial and topical question
which has important implications for the future direction of EU
law. While actions directed at improving the quality and
accessibility of EU regulation are not novel, in recent years the
Better Regulation Agenda has significantly affected the structural
organisation and day-to-day operation of the EU legislative
process. Yet, many questions about the future of the Agenda remain,
not least in light of Brexit. Exploring the Better Regulation
Agenda (and its relation to the overall EU legal and political
order) necessitates an integrated, interdisciplinary approach. This
edited volume presents insights from economics, political science
and legal scholarship. Furthermore, to allow full understanding, it
examines institutional practice, where the Agenda is made and
shaped on a daily basis. Hence, the book features contributions
from the perspective of the work of the main EU institutions: the
European Commission, the Parliament, the Council and the Court of
Justice. This results in a seminal overview of the subject, of
interest to scholars and practitioners alike.
The issue of competence division is of fundamental importance as it
reflects the 'power bargain' struck between the Member States and
their Union, determining the limits of the authority of the EU as
well as the limits of the authority of the Member States. It
defines the nature of the EU as a polity, as well as the identity
of the Member States. After over six years since the entry into
force of the Lisbon Treaty, it is high time to take stock of
whether the reforms that were adopted to make the Union's system of
division of competences between the EU Member States clearer, more
coherent, and better at containing European integration, have been
successful. This book asks whether 'the competence problem' has
finally been solved. Given the fundamental importance of this
question, this publication will be of interest to a wide audience,
from constitutional and substantive EU law scholars to
practitioners in the EU institutions and EU legal practice more
generally.
This edited volume brings together leading authors and actors in EU
internal market law and policy, revisiting the classic themes in a
contemporary context and considering (re-)directions for the
future. The EU would not be where and what it is today without its
internal market. It is the cradle of the EU’s most important
legal doctrines and the source of the most significant amount of
European integration. And, as Brexit has underlined, it remains the
primary political reason for EU membership. Considering the
well-established and fundamental nature of internal market law, it
is striking to find many crucial doctrinal questions still
unanswered today, as explored by this book. Furthermore, these
questions now find a new legal, social and political context: one
that is acutely aware of the contested nature of the EU and its
policies and the need to embed the internal market project in a
broader setting of constitutional norms and values. This need is
made all the more pressing by the rapidly changing and often
disruptive technological context. The various contributions to this
book contribute to finding a new direction for continued European
integration in changing times, by rethinking, and where necessary
reinventing, the role and purpose of this area that remains the
EU’s beating heart.
This edited volume brings together leading authors and actors in EU
internal market law and policy, revisiting the classic themes in a
contemporary context and considering (re-)directions for the
future. The EU would not be where and what it is today without its
internal market. It is the cradle of the EU's most important legal
doctrines and the source of the most significant amount of European
integration. And, as Brexit has underlined, it remains the primary
political reason for EU membership. Considering the
well-established and fundamental nature of internal market law, it
is striking to find many crucial doctrinal questions still
unanswered today, as explored by this book. Furthermore, these
questions now find a new legal, social and political context: one
that is acutely aware of the contested nature of the EU and its
policies and the need to embed the internal market project in a
broader setting of constitutional norms and values. This need is
made all the more pressing by the rapidly changing and often
disruptive technological context. The various contributions to this
book contribute to finding a new direction for continued European
integration in changing times, by rethinking, and where necessary
reinventing, the role and purpose of this area that remains the
EU's beating heart.
Despite their many obvious interconnections, EU and international
law are all too often studied and practised in different spheres.
While it is natural for each to insist on its own unique
characteristics, and in particular for the EU to emphasise its sui
generis nature, important insights might be lost because of this
exclusionary approach. This book aims to break through some of
those barriers and to show how more interaction between the two
spheres might be encouraged. In so doing, it offers a
constitutional dimension but also a substantive one, identifying
policy areas where EU and international law and their respective
actors work alongside each other. Offering a 360-degree view on
both EU and international institutional and substantive law, this
collection presents a refreshing perspective on a longstanding
issue.
The issue of competence division is of fundamental importance as it
reflects the 'power bargain' struck between the Member States and
their Union, determining the limits of the authority of the EU as
well as the limits of the authority of the Member States. It
defines the nature of the EU as a polity, as well as the identity
of the Member States. After over six years since the entry into
force of the Lisbon Treaty, it is high time to take stock of
whether the reforms that were adopted to make the Union's system of
division of competences between the EU Member States clearer, more
coherent, and better at containing European integration, have been
successful. This book asks whether 'the competence problem' has
finally been solved. Given the fundamental importance of this
question, this publication will be of interest to a wide audience,
from constitutional and substantive EU law scholars to
practitioners in the EU institutions and EU legal practice more
generally.
Better Regulation in the EU is a perennial and topical question
which has important implications for the future direction of EU
law. While actions directed at improving the quality and
accessibility of EU regulation are not novel, in recent years the
Better Regulation Agenda has significantly affected the structural
organisation and day-to-day operation of the EU legislative
process. Yet, many questions about the future of the Agenda remain,
not least in light of Brexit. Exploring the Better Regulation
Agenda (and its relation to the overall EU legal and political
order) necessitates an integrated, interdisciplinary approach. This
edited volume presents insights from economics, political science
and legal scholarship. Furthermore, to allow full understanding, it
examines institutional practice, where the Agenda is made and
shaped on a daily basis. Hence, the book features contributions
from the perspective of the work of the main EU institutions: the
European Commission, the Parliament, the Council and the Court of
Justice. This results in a seminal overview of the subject, of
interest to scholars and practitioners alike.
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