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The Right to Damages in European Law
This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.
State and Market in European Union Law
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Brexit: The Legal Implications
If Brexit comes to pass, what changes in the United Kingdom legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies – a worthy successor to the widely read pre-referendum Britain Alone! – bring a prodigious level of expert scrutiny to the myriad of rami?cations of this hugely complex subject. This book gathers together experts from different ?elds of legal practice and academia, not only to discuss the ongoing negotiations but also – and most valuably – to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit United Kingdom and European Union. With topical chapters based on ...
Remedies for Breach of EC Law
Remedies for Breach of EC Law Edited by Julian Lonbay Senior Lecturer, Director of the Institute of European Law, University of Birmingham Andrea Biondi Research Fellow, Institute of European Law, University of Birmingham Foreword by The Rt Hon. The Lord Slynn of Hadley A cornerstone of the success of the European Union is the effectiveness of Community law. Without adequate remedies and sanctions in the national courts to ensure the proper application, this effectiveness cannot be guaranteed. In recent years the question of available remedies has caused much debate, particularly in light of the Factortame I and Francovich cases. Since then, a number of other key cases have been heard which ...
Britain Alone!
The United Kingdom has been a member of the European Union for forty three years. Although EU membership has brought numerous indisputable benefits, anti-EU sentiment, simmering for decades, has now reached the point where an upcoming referendum could quite possibly lead to exit from the Union - an enormously topical issue dubbed 'Brexit'. This very timely book addresses the major concerns and uncertainties associated with this looming prospect. Outstanding scholars of British constitutional law and EU law discuss such factors as the impact of EU membership on the UK constitution and the perspectives of the UK's constituent regions, along with numerous practical issues of economics and admin...
EU Law after Lisbon
Many of the most controversial areas of reform initiated by the Lisbon Treaty were not negotiated in the Treaty itself, but left to be resolved during its implementation. Since the Treaty's entry into force, the implementation process has already had a profound impact on many areas of EU law and policy, and consolidated new areas of power, such as over foreign investment. This collection gathers leading specialists in the field to analyse the Treaty's implementation and the directions of legal reform post-Lisbon. Drawing on a range of expertise to assess and comment on the Treaty, the contributors include both academics and practitioners involved in negotiating and implementing the Treaty. Focusing on the central issues and changes resulting from the Lisbon Treaty, the contributors examine the Treaty in the broader background of how the EU, and EU law in particular, has been developing in recent years and provide a contextual understanding of the future direction of EU law in the post-Lisbon era.
A Companion to European Union Law and International Law
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
Braided in Fire
BRAIDED IN FIRE is the stirring author’s search to understand the drama that unfolded between the Italian peasants and African-American infantrymen of the 366th Infantry Regiment, - attached to the celebrated "Buffalo Division, 92nd Infantry"- whose lives were lost, or changed irrevocably by a village battle in Tuscany during the Battle of Garfagnana. Cultures and relationships are intertwined to become BRAIDED IN FIRE in Sommocolonia, a medieval Tuscan village in the Apennines directly on the highly fortified Third Reich’s ‘Gothic Line’ stretching across northern Italy. Only at Sommocolonia did attacking German troops break through that formidable line, with dire consequences to the...
Environmental Integration in Competition and Free-movement Laws
Focusing on competition, state aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.
Poverty Development
The book deals with poverty as one of the most serious and urgent issue in our modern time. Partly because Poverty is the essence of all other social illnesses and partly because of its direct influence over human security system in a world accelerating towards global and international common human rights values. The book addresses the current poverty reduction plans that proved to be inefficient and controversial, these plans made poor nations in their attempt to escape poverty net, they find themselves trapped in a well woven poverty net and became more dependent than ever in their everyday food and human needs. All the known institutions like the WB, IMF, Development Banks as well as aid organs worked under the Washington Consensus ready-made recipe in granting their preconditioned aid, let alone some subvention measurement protected by local legislative system in rich and donating nations. Poverty becomes a threat to the economic development in rich nations as well and for the time being a security one. The book will explain and reason the way poverty is developing in the world and suggest some solutions and compromises needed to solve this issue.
