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Directives in European Community Law
This book offers us the first detailed exposition in print on EC directives, individual rights, and the protection of those rights in national courts. The author investigates three central themes: the characteristics of EC directives; the role which national courts play in protecting the rights which individuals derive from these directives; and the 'devices' and means by which the courts may implement this protection. Focusing initially on clear examples in the Court's case law, the author moves on to analyze specific 'lines' within the case law itself. This practical approach enables the author to meticulously examine how these lines may complement and confront each other.
Directives in EC Law
Offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. This book concludes with a discussion of the prospects of Directives in the future and in the light of the nascent European Constitution.
Indirect Discrimination
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Reconciling the Deepening and Widening of the European Union
The recent rounds of enlargement have stretched the operational capacity of the European Union to the maximum, triggering a debate on the final shape and borders of the EU and prompting the Member States to review the framework of primary law on the basis of the failed Constitutional Treaty. Reconciling the desire to deepen European integration in several policy fields with the promises made to widen the Union with the current candidate countries (Croatia, Macedonia and Turkey) once they meet all criteria for membership is a big challenge, especially in view of the EU's ambitions to match the US in economic growth, connect with its own citizens and claim its role as a global player. The contributions to this timely volume provide an attempt at clarifying the legal possibilities and limits of models and concepts aimed at reconciling wishes of further 'deepening' and 'widening' of the European Union project.
The Implementation of the EU Services Directive
The Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
A Review of Forty Years of Community Law
In this important book eighteen of Europe's most respected jurists and legal scholars look at long-term developments in Community and Union law with a view to shedding light on the current situation and pointing out lessons for the future. They consider major Community law themes as they have developed over the past four decades in institutional and substantive contexts, as well as in such newer areas of development as external relations, economic and monetary union, and the Third Pillar. Starting from the absolute centrality of the Common Market to the European Community enterprise, the authors provide many reminders of how the current situation evolved. Their detailed root analyses of past...
Justice, Equality and Tax Law
An in-depth analysis of the specific aspects of justice, equality and tax law "Justice, Equality and Tax Law" is a topic that is both old and new at the same time. Even if the society changes, the demands that tax needs to be just and equal seem to be immutable. What changes, of course, is the perception of the content of those demands. International taxation post-BEPS has been fraught with new challenges that warranted urgent responses. These challenges were mainly provoked by the unprecedented rise of the digital economy which truly marked a change in the way business is conducted, how value is created, and how goods and services are produced and consumed. Digitalization, in turn, had repe...
Rights in Context
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, ...
Between Flexibility and Disintegration
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.
