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Monitor polski
Includes legislation.
The Legal Reasoning of the Court of Justice of the EU
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The autho...
Regulation Strategies in the European Economic Area
Hauptbeschreibung Regulation is one of the intensely debated big issues in developed market economies in general and within the European Economic Area in particular. To which extent regulation is reasonable and legitimate in the context of the European market economy and whether existing regulation is supported by strategies in the European Economic Area is the topic of this volume. Its eight contributions analyse three types of issues: the general role of regulation in the European Economic Area, the assessment of specific areas of European regulation (securities, consumer protection, anti-discrimination, environment protection), and criminal law as a new frontier in European regulation.
Constitutional Pluralism in the European Union and Beyond
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutional...
EU Asylum Procedures and the Right to an Effective Remedy
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
Still Not Resolved?
This book is essential reading for anyone interested in the issues arising from the EU's European Arrest Warrant, its 'flagship' instrument implementing the principle of mutual recognition in criminal law, as it examines in depth the basic principles and institutional context of the European Arrest Warrant, as well as its often-troubled implementation into MemberStates' national law. Steve Peers, Professor, School of Law, University of Essex The book is also recommended to those interested in the development of the law and politics of EU criminal justice and its relationship with EU and national constitutional law. Dr Valsamis Mitsilegas, Reader in Law, Queen Mary, University of London This ...
The Challenge of Inter-legality
The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
Liberalising Trade in the EU and the WTO
This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.
European Yearbook on Human Rights
The protection of human rights lies at the very core of European integration. But considering the multitude of activities by the EU, the Council of Europe, and the Organization for Security and Cooperation in Europe (OSCE), it is often difficult to keep track. In-depth analysis by human rights experts is important for understanding changing paradigms and assessing emerging trends. For this purpose, this first volume of the new European Yearbook on Human Rights, which is edited jointly by representatives of four major European human rights institutions, brings together 20 contributions by renowned European human rights experts. The Yearbook's innovative structure allows for quick orientation ...
Access to European Union
Recoge: Introduction: 1. Customs Union - 2.Common market - 3. Economic and Monetary Union - 4. Regional development -5. Social progress.
