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Civil Rights and EU Citizenship
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies ...
General Principles and the Coherence of International Law
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Judges as Guardians of Constitutionalism and Human Rights
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
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
Research Handbook on General Principles in EU Law
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Solidarity: A Normative Principle
The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of ...
The Global Reach of EU Law
This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. It considers what specific impact and effects the EU’s rules are having, and its approach to global rule-making. Using a casestudy of the Area of Freedom, Security and Justice, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU rule-making.
Codifying Contract Law
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
Business Freedoms and Fundamental Rights in European Union Law
Article 16 of the EU Charter of Fundamental Rights, recognizing 'the freedom to conduct a business in accordance with Union law and national laws and practices', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only...
Research Methods in Consumer Law
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
