Central European Judges Under the European Influence

Author: Michal Bobek
Publisher: Bloomsbury Publishing
ISBN: 1782259902
Format: PDF, Kindle
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The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

The Max Planck Handbooks in European Public Law Volume I The Administrative State

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0191039837
Format: PDF, ePub, Docs
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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Research Handbook on EU Administrative Law

Author: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 1784710687
Format: PDF, Docs
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Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

Viking Laval and Beyond

Author: Mark Freedland
Publisher: Bloomsbury Publishing
ISBN: 1782255354
Format: PDF, ePub, Docs
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EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Party Responses to the EU in the Western Balkans

Author: Marko Stojić
Publisher: Springer
ISBN: 3319595636
Format: PDF, Kindle
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This book examines how European issues have played out in Serbian and Croatian party politics since 2000, in the context of significant challenges brought by European integration of the Western Balkans. It provides a comprehensive analysis of how political parties in these countries have determined and shifted their positions on the EU, by exploring the effect and interaction of party ideology and strategy, position within the party system, relations with the general public and voters as well as transnational party linkages. The author argues that the particular nature of European issues, closely related to crucial identity and statehood dilemmas in these post-conflict societies, largely determined party stances on the EU, feeding significant Eurosceptic sentiments. At the same time, a number of core parties underwent a rapid pro-EU conversion, pragmatically responding to internal and external incentives in the context of dynamic electoral competition and strong EU presence, and aimed at maximising their chances of securing executive office. The book will be of interest to advanced students and scholars in the fields of comparative politics, Western Balkan politics, and EU studies.

Air Passenger Rights

Author: Michal Bobek
Publisher: Bloomsbury Publishing
ISBN: 178225952X
Format: PDF, ePub
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Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.

EU Law and Integration

Author: José LuÃs da Cruz Vilaça
Publisher: Bloomsbury Publishing
ISBN: 1782254226
Format: PDF, Docs
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This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.

The EU s Transformative Power

Author: Heather Grabbe
Publisher: Palgrave Macmillan
ISBN: 9781403949035
Format: PDF, Docs
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In 2004, the European Union undertook an unprecedented addition of ten new countries. This will fundamentally change the EU, and the Union has already had a dramatic impact on the development of the new member states. The EU's Transformative Power presents a detailed analysis of how the EU has shaped countries of Central and Eastern Europe since the fall of communism.

Public Services in EU Law

Author: Wolf Sauter
Publisher: Cambridge University Press
ISBN: 1107066123
Format: PDF
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Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.