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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.
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?
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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