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Regulating Lifestyle Risks
This collection of essays looks at the role the European Union could and should play in promoting healthier lifestyle, in light of the moral, philosophical, legal and political challenges associated with the regulation of individual choices. By tackling the main non-communicable diseases (NCD) risk factors (tobacco consumption, harmful use of alcohol, unhealthy diets and lack of physical activity), the contributors endeavour to identify common themes and determine whether and, if so, to what extent the lessons learned in relation to each area of EU intervention could be transposed to the others. By focusing on the European Union legal order, the book highlights both the opportunities that legal instruments offer for NCD prevention and control agenda in Europe, as well as the constraints that the law imposes on policy-makers.
Austrian Review of International and European Law
"The Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
Political Leadership and the European Commission Presidency
The EU's pluralistic, nonhierarchical system of multilevel governance lacks clear structures of both government and opposition. According to the EU treaties, the presidency of the European Commission is thus not explicitly expected to exercise political leadership. However, the position cannot effectively be exercised without any demonstration of such leadership due to its many leadership functions. Examining this curious mix of strong political demands, weak institutional powers, and need for political leadership, this book systematically analyses the political leadership performance of the presidents of the European Commission throughout the process of European integration. The basic argum...
The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration
This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specif...
Reshaping the Investor-State Dispute Settlement System
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
European Fundamental Rights and Freedoms
The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In additio...
The Unity of the European Constitution
This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
Climate Change and the Law
Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives. In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and p...
The Constitutional Framework for Enhanced Cooperation in EU Law
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
