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The Principle of Loyalty in EU Law
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the E...
The EU Treaties and Charter of Fundamental Rights: A Commentary
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...
Research Handbook on Minority Politics in the European Union
This timely Research Handbook provides a multidisciplinary overview of research on ethno-cultural minority issues at the supranational level of the EU. It delivers a state-of-the-art review of the EU’s approaches to development and institutional implementation of minority policies from the Treaty of Rome until today.
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.
The EU and its Member States’ Joint Participation in International Agreements
EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
The Conclusion and Implementation of EU Free Trade Agreements
This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
Including Consumption in Emissions Trading
This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU’s commitment to significantly cut emissions by 2030.
Separation of Powers and Antitrust
Separation of powers and antitrust deal with power and occupy centre stage in our challenging, digital times, but their interactions have not yet been analysed. This timely and ground-breaking book provides an innovative cross-disciplinary analysis of the potential convergence of these two fields. Notably, Vincent Martenet examines the concentration of politico-economic power in the hands of a few digital firms which have adopted private regulation, impacting an entire industry and society at large. He combines doctrinal method with historical developments, case studies, assessment of legislative proposals, and observations on the functioning of digital markets and democracy in the digital era. The book sketches important new axes of the separation of powers and suggests that antitrust may contribute, albeit in a limited way, to greater trust in both society and democracy: 'antitrust for trust', the ultimate apparent antitrust paradox.
Specialized Administrative Law of the European Union
This edited collection would offer a companion volume to the volume co-authored by the same team, 'Administrative Law and Policy of the European Union', clarifying and examining the administrative law applicable to different sectors of EU Law.
Europe’s New Whistleblowing Laws
The “European Whistleblowing Directive” (Directive (EU) 2019/1937) is the most far-reaching piece of whistleblowing legislation in history with an unprecedented impact on countries all across the European Union. To transpose the Directive, all 27 Member States were required to enact their own national whistleblowing laws by 17 December 2021, in many cases leading to the creation of an entirely new field of law previously unknown to many national legal systems. The papers included in this book are the result of the “2nd European Conference on Whistleblowing Legislation”, providing readers with a first in-depth look into the emerging field of research that is European Whistleblowing Law.
