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Judicial Dis-Appointments
  • Language: en
  • Pages: 481

Judicial Dis-Appointments

  • Categories: Law

In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

The Authority of EU Law
  • Language: en
  • Pages: 396

The Authority of EU Law

  • Categories: Law
  • Type: Book
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  • Published: 2019-07-16
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  • Publisher: Springer

This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

Handbook of Political Islam in Europe
  • Language: en
  • Pages: 648

Handbook of Political Islam in Europe

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The Max Planck Handbooks in European Public Law
  • Language: en
  • Pages: 721

The Max Planck Handbooks in European Public Law

  • Categories: Law

The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour wi...

Selecting Europe's Judges
  • Language: en
  • Pages: 337

Selecting Europe's Judges

  • Type: Book
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  • Published: 2015
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  • Publisher: Unknown

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balanc...

Courts and Comparative Law
  • Language: en
  • Pages: 756

Courts and Comparative Law

  • Categories: Law

A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.

The Procedural and Organisational Law of the European Court of Justice
  • Language: en
  • Pages: 203

The Procedural and Organisational Law of the European Court of Justice

  • Categories: Law

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Pandemic Posts Ii
  • Language: en
  • Pages: 309

Pandemic Posts Ii

  • Type: Book
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  • Published: 2022-12-27
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  • Publisher: iUniverse

On July 4,2021, Americans celebrated with a renewal sense that we were crushing the Coronavirus and the president and encouraged us to enjoy the fireworks with friends and family as a way to mark our "independence" from Covid-19. "This year the Fourth of July is a day of special celebration for we are emerging the darkness of a year of pandemic and isolation, a year of pain, fear and heartbreaking loss," he said. But his optimism, and my own, were misplaced. Pandemic Post II picks up six weeks after the First Volume wrapped up when it became clear we were not 'crushing' anything except, perhaps, our collective psycho.

Anticultism in France
  • Language: en
  • Pages: 150

Anticultism in France

This Element introduces readers to the problem of anticultism and antireligious movements in France. The first section offers an overview of anticultism in France, including the paradoxical place of modern French secularism (laïcité) that has shaped a culture prejudiced against minority religions and new religions (sectes or 'cults') and impacted Europe more broadly. This includes state-sponsored expressions, in particular MIVILUDES, an organization funded by the French government to monitor cultic or sectarian deviances. The second section takes up the case of the American-born Church of Scientology, tracing its history in the country since the late 1950s and how it has become a major focus of anticultists in France. The Element concludes with reflections on the future of new and minority religions in France. A timeline provides major dates in the history of anticultism in modern French history, with a focus on items of relevance to Scientology in France.

Law, Public Policies and Complex Systems: Networks in Action
  • Language: en
  • Pages: 280

Law, Public Policies and Complex Systems: Networks in Action

  • Categories: Law
  • Type: Book
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  • Published: 2019-05-07
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  • Publisher: Springer

This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.