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The EU legal order sits above a diverse mix of 27 national legal
systems, with some 23 different languages. Amongst such diversity,
how can the unity and coherence of the European legal system be
guaranteed? Is there a common understanding between lawyers from
different national backgrounds as to the meaning and application of
EU law?
In addressing these issues the idea of 'common concepts' has
played a crucial role - it is argued that the unity of the system
is guaranteed by the consistent application of certain core
principles shaping the law. To what extent can these concepts be
trusted to provide a firm basis for the coherence of the EU legal
order?
Believers in common concepts argue that there is a relatively
clear, shared and accepted framework of ideas, providing an
understanding of the system that is ultimately unified in spite of
all apparent divergence. Sceptics hold that there is no such
framework; 'common concepts' turn out to be additional sources of
misunderstanding, confusion and, subsequently, legal divergence.
According to a third thesis, there is indeed no common conceptual
core, but the necessary unity and coherence of EU law can be
articulated and even reinforced through the use of divergent
concepts.
The contributors to this collection of essays address these issues
from different disciplinary perspectives - legal sociology,
linguistics, comparative law, European legal scholarship, legal
theory and practical experience. The research group focused on the
application of two general themes: the protection of rights and
judicial discretion. In addition to the thematic research, case
studies from core policy sectors are featured, including energy
regulationand social policy.
Each enlargement of the European Communities/Union since 1973 has
emphasized the strain that the 'widening' puts on the 'deepening'
of the European integration process. The recent rounds of EU
enlargement have stretched the operational capacity of the European
Union to the maximum, triggering a debate on the final shape and
borders of the Union and prompting the Member States to review the
framework of primary law on the basis of the failed Constitutional
Treaty. This book explores legal options to reconcile the desire of
EU Member States to deepen their cooperation in certain (new)
policy fields with the commitments made towards today's candidate
countries to widen the EU, once all membership conditions have been
met. Seasoned academics shed light on the absorption capacity of
the Union, the current state and future of the enlargement process,
alternatives to full membership, new models of governance and
cooperation in the EU, as well as the need to further integration
in the sphere of the internal market and the fight against
trans-border crime. This academic collection is a valuable
contribution to the debate that the EU so much needs to reconcile
its deepening and widening agendas. Dr. Steven Blockmans is Senior
Research Fellow in EU law and Deputy Head of Research at the T.M.C.
Asser Instituut, The Hague, The Netherlands. Prof. Dr. Sacha
Prechal is Professor of European Law at the Faculty of Law of
Utrecht University and one of the directors of its Europa
Institute.
This fully revised and updated new edition offers a detailed
exposition of EC Directives, individual rights, and the protection
of those rights in national courts. Three central themes are
investigated: the characteristics of EC Directives; the role played
by national courts in protecting the rights which individuals
derive from Directives; and the 'devices' and means by which the
courts may implement this protection. Focussing initially upon
clear examples from the ECJ case law, the author then moves on to
discuss specific 'lines' within that case law, and to examine how
these 'lines' complement or contradict each other. Throughout the
text, the author's empirical argument is enriched by discussion of
doctrine and theory. Less orthodox ideas are also incorporated
through selective use of a comparative approach which illuminates
the workings of EC directives from the broader perspective of the
EC as a whole. In an updated conclusion, the prospects of
Directives in the future and in the light of the nascent European
Constitution are discussed. The result is an extensive and in-depth
analysis of Directives, the case-law of the ECJ, and legal writing
on the topic, which also engages with the more practical issues of
implementation and enforcement in the courts.
This fully revised and updated new edition offers a detailed
exposition of EC Directives, individual rights, and the protection
of those rights in national courts. Three central themes are
investigated: the characteristics of EC Directives; the role played
by national courts in protecting the rights which individuals
derive from Directives; and the 'devices' and means by which the
courts may implement this protection. Focussing initially upon
clear examples from the ECJ case law, the author then moves on to
discuss specific 'lines' within that case law, and to examine how
these 'lines' complement or contradict each other. Throughout the
text, the author's empirical argument is enriched by discussion of
doctrine and theory. Less orthodox ideas are also incorporated
through selective use of a comparative approach which illuminates
the workings of EC directives from the broader perspective of the
EC as a whole. In an updated conclusion, the prospects of
Directives in the future and in the light of the nascent European
Constitution are discussed. The result is an extensive and in-depth
analysis of Directives, the case-law of the ECJ, and legal writing
on the topic, which also engages with the more practical issues of
implementation and enforcement in the courts.
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