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The Rule of Law in the European Union
This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of complia...
Crime within the Area of Freedom, Security and Justice
The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.
Division of Powers in European Union Law
The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionands decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has develop...
Human Rights Law in Europe
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
European Defence Cooperation in EU Law and IR Theory
This book offers a novel contribution to the study of post-Cold War European defence. Interdisciplinary in approach, it uses European law to assess the utility of existing theoretical accounts. By exploring the balance of threat theory, it provides new insights into the forces driving and hindering European defence cooperation.
Research Handbook on EU Criminal Law
EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work
European Citizenship in a Constitutional Context
The idea behind EU citizenship has been one of fostering deeper integration. Deciphering what it really means to be an EU citizen remains contentious, as the rights protected under EU law seem to vary both in nature and in scope and often depend on cross-border movement and economic activity. This legal fragmentation is at odds with our experience at the national level, where constitutions generally provide that every citizen is entitled to the rights and benefits of citizenship subject to the limits provided for in them. What exactly is the position in relation to EU citizenship within the EU constitutional context? Does the current EU constitutional framework promote inclusive citizenship,...
EU Law
The CJEU is the busiest court in the world. This ground-breaking new textbook looks into why this is, examining in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order.
Organisational Learning and the Modern Army
Drawing upon extensive original research, this book explores best practice in army lessons-learned processes. Without the correct learning mechanisms, military adaptation can be blocked, or the wider lessons from adaptation can easily be lost, leading to the need to relearn lessons in the field, often at great human and financial cost. This book analyses the organisational processes and activities which can help improve tactical- and operational-level learning through case studies of lessons learned in two key NATO armies: that of Britain and of Germany. Providing the first comparative analysis of the variables which facilitate or impede the emergence of best practice in military learning, it makes an important contribution to the growing scholarship on knowledge management and learning in public organisations. It will be of much interest to lessons-learned practitioners, and students of military and strategic studies, defence studies, organisation studies and security studies.
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.
