EU Ordre Public

Author: Tim Corthaut
ISBN: 9789041132321
Format: PDF, Docs
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In a cogent, detailed analysis, the author 'reconstructs' the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged

The Cyprus Issue

Author: Nikos Skoutaris
Publisher: Bloomsbury Publishing
ISBN: 1847316379
Format: PDF, Docs
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This is a book on the interrelationship of the EU legal order and the Cyprus issue. The book addresses a question which is of great significance for the legal order of the EU (as well as for Cypriots, Turks and Greeks), namely how the Union deals with the de facto division of the island. Despite the partial normalisation of relations between the two ethno-religious groups on the island, Cyprus' accession to the EU has not led to its reunification, nor to the restoration of human rights, nor a complete end to the political and economic isolation of the Turkish Cypriot community. Ironically enough, the accession of the island to the EU actually added a new dimension to the division of the island. According to Protocol 10 on Cyprus to the Act of Accession 2003, the Republic of Cyprus joined the Union with its entire territory. However, due to the fact that its Government cannot exercise effective control over the whole island, pending a settlement, the application of the acquis is 'suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not have effective control.' Given this unprecedented (for an EU Member State) situation of not controlling part of its territory, the book analyses the limits of the suspension of the Union acquis in the areas north of the Green Line. In other words, the telos of this particularly challenging research is to map the partial application of Union law in an area where there are two competing claims of authority.

Elgar Encyclopedia of Comparative Law Second Edition

Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Format: PDF, Mobi
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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

The EU and Human Rights

Author: Philip Alston
Publisher: Oxford University Press on Demand
ISBN: 9780198298069
Format: PDF, ePub, Mobi
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For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

Lawyering Europe

Author: Antoine Vauchez
Publisher: Bloomsbury Publishing
ISBN: 178225093X
Format: PDF, Kindle
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While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.

Czech Yearbook of International Law Public Policy and Ordre Public 2012

Author: Alexander J. Bělohlávek
Publisher: Juris Publishing, Inc.
ISBN: 1578233569
Format: PDF, Docs
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We are proud to present to our readers Czech Yearbook of International Law 2012, Volume 3. The overarching topic of this volume, Public Policy and Ordre Public turns its focus to the doctrine which is inherently connected with private international law, which is true only at first glance. The problem of Public Policy and Ordre Public is intertwined more deeply in the national legal orders than virtually any legal branch. However, the platform of private international law through which these doctrines emerge and find its strongest application is in the cross-border traffic of the court and extra-court decisions. In these relationships, the most important differences in understanding the extent and nature of these terms take shape. The third volume of the Czech Yearbook of International Law focuses on the uncovering of national differences and the comparison of such doctrines in a global perspective. CYIL 2012 takes into account the completely different connotations given to both doctrines in the United States and the Common Law countries in continental Europe. Institutions participating in the CYIL Project: Academic institutions within Czech Republic: - Masaryk University (Brno), Faculty of Law, Department of International and European Law. - University of West Bohemia in Pilsen, Faculty of Law, Department of Constitutional Law & Department of International Law. - VŠB-TU Ostrava, Faculty of Economics, Department of Law. - Department of European Law, Department of Commercial Law & Centre for Comparative Law of the Faculty of Law, Charles University. - University College of International and Public Relations Prague. - Institute of State and Law of the Academy of Sciences of the Czech Republic, v.v.i. Non-academic institutions in the Czech Republic - Office of the Government of the Czech Republic, Department of Legislation, Prague. - Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Prague. - ICC National Committee Czech Republic, Commission on Arbitration, Prague. Institutions outside Czech Republic participating in the CYIL Project: Austria University of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations. Poland Jagiellonian University in Krakow, Faculty of Law and Administration, Department of Private International Law. Slovak Republic Slovak Academy of Sciences, Institute of State and Law, Bratislava. University of Matej Bel in Banská Bystrica, Faculty of Political Sciences and International Relations, Department of International Affairs and Diplomacy. Trnava University in Trnava, Faculty of Law, Department of Labour Law and Social Security Law.

Birth of the European Individual

Author: Samuli Hurri
Publisher: Routledge
ISBN: 1317938402
Format: PDF, ePub
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This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.

Universities and the Europe of Knowledge

Author: A. Corbett
Publisher: Springer
ISBN: 0230286461
Format: PDF, ePub, Docs
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This is a story of the EC at work over 50 years, seen from the perspective of a developing European higher education policy. The book provides a rich background narrative to current strategic efforts to develop the Europe of Knowledge, and to the Bologna Process. Its analytic interest in ideas and individual 'policy entrepreneurs' underpins the story and advances understanding of the EU policy process and of the phenomenon of policy entrepreneurship.

The Ne Bis in Idem Principle in EU Law

Author: Bas van Bockel
Publisher: Kluwer Law International
ISBN: 9041131566
Format: PDF, ePub
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The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.