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Ensuring the protection of human rights in Europe has become a
highly complex exercise. Where courts are faced with a human rights
claim, they not only have to examine the validity of that claim,
but they also need to have a clear understanding of the human
rights catalogue that is to be applied (i.e. human rights as
guaranteed by the national constitution, human rights as protected
under EU law, based or not on the Charter, and human rights as
identified in the European Convention of Human Rights). This book
zooms in on various aspects of the interaction between courts in
the complex European system of human rights protection. While other
books take either a European or a national approach, this book
studies both the co-existence between the European Court of Human
Rights and the European Court of Justice, and the impact of this
dual mechanism of European human rights protection on the
protection offered within specific EU Member States. This makes the
book valuable for academics and practitioners who specialize in
fundamental rights, EU law, or constitutional law. (Series: Law and
Cosmopolitan Values - Vol. 1)
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EU Constitutional Law (Hardcover)
Koen Lenaerts, Piet Van Nuffel; Edited by Tim Corthaut
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R6,456
R5,920
Discovery Miles 59 200
Save R536 (8%)
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Ships in 12 - 17 working days
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This title is a comprehensive textbook of EU constitutional law,
setting out the structure, values, procedures, and policies of the
European Union. It is a first point of reference for issues of EU
constitutional law. The book encompasses six major parts. The first
part addresses the formation history of the European Union, the
treaties, the accessions, and the withdrawal of the United Kingdom.
The second part covers the competences of the European Union. It
contains an extensive analysis of the key constitutional principles
governing the exercise of competences by the Union and the balance
of power between the Union and its Member States, followed by an
in-depth anaylsis of EU citizenship and the four freedoms, followed
by an overview of the main internal and external policy domains.
The third part addresses the role and workings of the various
institutions (European Council, Council, European Parliament,
Commission, European Court of Justice, and European Central Bank),
the position of the Member States of the Union, and various other
institutional matters. Part four explores the various
decision-making processes, addressing not only the legislative and
executive decision-making, but also the budget, CFSP, and external
action. The fifth part looks at the legal instruments and the
position of EU law in the EU and national legal orders, with an
attention to the key principles of primary and direct effect, and
the role of fundamental rights and the Charter of Fundamental
Rights. The final part sets out the complete and coherent system of
judicial protection in the European Union, offering an overview of
the various courses of action before the EU courts and in the
national legal orders to enforce EU law or to obtain judicial
protection.
The new edition of this acclaimed text provides a rigorous,
high-level analysis of the constitutional law of the European
Union. Its broad scope includes the institutional structure of the
EU, its legal instruments, the main substantive principles
underlying EU Law and the role of EU law in the domestic law of
Member states. Incorporating detailed references and analysis of
case law and literature, it combines useful content for students
with detailed treatment of more complex legal issues arising in
practice and in academic debate. * New edition of a high level
academic text renowned for itsauthority and clear discussion of
complex principles * Revised and updated to incorporate all recent
developments in EU law, including the EU Constitution * Easy to
consult on complex issues - includes wide cross-referencing, new
tables and diagrams, and a detailed index.
This title is a comprehensive textbook of EU constitutional law,
setting out the structure, values, procedures, and policies of the
European Union. It is a first point of reference for issues of EU
constitutional law. The book encompasses six major parts. It
contains an extensive analysis of the key constitutional principles
governing the exercise of competences by the Union and the balance
of power between the Union and its Member States, followed by an
in-depth anaylsis of EU citizenship and the four freedoms, followed
by an overview of the main internal and external policy domains.
The third part addresses the role and workings of the various
institutions (European Council, Council, European Parliament,
Commission, European Court of Justice, and European Central Bank),
the position of the Member States of the Union, and various other
institutional matters. Part four explores the various
decision-making processes, addressing not only the legislative and
executive decision-making, but also the budget, CFSP, and external
action. The fifth part looks at the legal instruments and the
position of EU law in the EU and national legal orders, with an
attention to the key principles of primary and direct effect, and
the role of fundamental rights and the Charter of Fundamental
Rights. The final part sets out the complete and coherent system of
judicial protection in the European Union, offering an overview of
the various courses of action before the EU courts and in the
national legal orders to enforce EU law or to obtain judicial
protection.
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