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Shaping EU Law the British Way
In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judic...
The European Arrest Warrant at Twenty
The European Arrest Warrant ('EAW'), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.
EU Regulations in Practice
This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.
The Pursuit of Legal Harmony in a Turbulent Europe
This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC.As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.
Between Flexibility and Disintegration
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.
Research Handbook on EU Institutional Law
Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.
The Oxford Handbook of European Union Law
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against nati...
The Law and Politics of Brexit: Volume V
The Trade & Cooperation Agreement (TCA) is the treaty which regulates free trade and economic arrangements between the European Union (EU) and the United Kingdom (UK) post-Brexit. The treaty entered into force provisionally on 1 January 2021 and officially on 1 May 2021, and has governed trade relations between the parties since. This book brings together contributions by leading scholars in EU and international trade law, economics and political science to provide a comprehensive, interdisciplinary analysis of the TCA. It contextualizes the treaty and identifies several emerging political, economic, and security challenges, which serve as the background to evolving EU-UK relations. The book...
The Application of EU Law in the New Member States
The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way a...
