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rawing on qualitative and quantitative analysis, this book examines the functioning, effectiveness, coherence and quality of the cooperation, coordination and representation of European Union Member Statesa (TM) national interests and EU policy aims at the United Nations in New York.
Introduction -- Flexibility in the logic of European integration -- Practice of enhanced cooperation -- The authorisation phase of enhanced cooperation -- The implementing phase of enhanced cooperation -- Accession to, withdrawal from, and termination of an established cooperation -- Judicial review in enhanced cooperation -- Other forms of closer cooperation in Union law -- Conclusions and prospects.
With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.
In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice in areas of shared competence.
This book first provides a critical analysis of the legal framework that governs the delegation of rulemaking powers to the European Commission. Second, it explores how the framework that governs such a delegation of powers to the Commission operates in the food and health policy domain.
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of propo...
The book assesses the EU performance in the broader UN setting after the Lisbon Treaty. Distinguished scholars with expertise in EU-UN relations use a comprehensive analytical framework of performance to examine various aspects of the complex EU engagement in UN politics. Performance goes beyond the achievement of agreed-upon objectives and engulfs the underlying, intra-organizational, agreement-reaching processes. The contributors examine the output of the intra-EU policy-making process and its impact within the UN setting. They cover thematic areas of special importance for the EU such as environment, human rights, disarmament and peacekeeping operations as well as special UN bodies and forums where the EU is particularly active, such as the UN General Assembly and its main Committees, the International Labour Organisation, UNESCO and the Non-Proliferation Review Conferences.
In an era of Covid 19, The Court of Justice of the European Union explores how the CJEU can realise its role as guardian of the EU’s rule of law and its aftermath through the anchoring of a structured rule of law review of the public health derogation.
In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU's judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.