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The Extra-Territorialisation of EU Migration Policies and the Rule of Law

RIJPMA, Jorrit J.; CREMONA, Marise
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: 346016 bytes; application/pdf; digital
Português
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This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU’s external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU’s migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU’s visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law...

Good Administration in EU Law and the European Code of Good Administrative Behaviour

MENDES, Joana
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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The Code of Good Administrative Behaviour has passed fairly unnoticed in academic research on the principle of good administration. However, it is an important source to understand the meaning of this principle and concept in European administrative law, since it encompasses some of its dimensions that tend to be overlooked by the case law of the European Courts and also by European law scholars. Furthermore, contrary to what recent developments let believe – namely, the fact that the Commission refuses to put forth a proposal for a European regulation that would make the provisions of the Code binding – the Code remains relevant to map possible legal developments regarding good administration. The article1 explains the reasons and meaning of the link between the Code and Article 41 of the EU Charter of Fundamental Rights, analyses the complexity and uncertainty of the concept “good administration”, characterises its different legal and non-legal facets highlighting the interconnections between them. In addition, it demonstrates how these different layers are reflected in the Code, underlines the Code’s links with previous EU law developments, its added legal value and the functions it currently performs, considering also the different paths through which further legal...

The Future of International Economic Law: A Research Agenda

PETERSMANN, Ernst-Ulrich
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This final chapter draws conclusions from the second edition of Constitutionalism, Multilevel Trade Governance and International Economic Law by discussing the diverse conceptions of international economic regulation presented by Profs. Joerges, Stewart, Cottier and other contributors to this book. Section I begins with methodological questions of conceptualizing and analyzing international economic law (IEL). Section II discusses private ‘conflicts law approaches’ and criticizes their inadequate criteria for identifying under which conditions public international law ‘deserves recognition’. Section III gives an overview of the diverse ‘global administrative law’ (GAL) approaches and criticizes their often inadequate methodologies for determining ‘law’ as well as their neglect of constitutional rights. Section IV discusses the various ‘multilevel constitutional’ approaches to analyzing IEL and their foundation in ‘constitutional pluralism’. Section V suggests that collective supply of ‘global public goods’ – like protection of human rights, a mutually beneficial world trading system, international rule of law and prevention of climate change – requires more systematic, legal analysis of the collective action problems and of the interrelationships among national and international public goods. The various private and public...

The Ne Bis in Idem Principle in EU Law

VAN BOCKEL, Willem Bastiaan
Fonte: Kluwer Law International Publicador: Kluwer Law International
Tipo: Livro
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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. Although few would dispute its relevance to the regulation of transnational justice, there is as yet no universally accepted ne bis in idem rule or provision available at the international level, although it is to some extent recognized and respected in Europe, via Article 54 of the Convention on the Implementation of the Schengen Agreement (CISA; integrated into EU law by the Treaty of Amsterdam) and Article 4 of the 7th Protocol of the European Convention on Human Rights. The relevant case law of the ECJ and the ECtHR has implications for the systems of criminal and administrative law in European states, as well as for the interpretation and application of the principle in some areas of EU law, such as competition law. This book analyses these important implications, fulfilling a genuine need to assess the need for – and the prospects of – a ‘European’ ne bis in idem principle. The author identifies and describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law – differently worded provisions within the different ‘European’ frameworks; a measure of confusion and conflict within the case law of the Community courts; positive conflicts of jurisdiction and the allocation of cases between the Member States; and the vague exception possibilities laid down in Article 55 CISA. Among the issues examined are the following: • the problem of defining the substance of the guarantee; • scope of application of the guarantee; • mechanisms for the coordination of the allocation of cases between Member State authorities and the role of Eurojust; • developments in enhanced cooperation in criminal matters; • fining in competition law; • extraterritoriality and convergence issues; and The author approaches the subject along two lines: first by way of conceptual analysis...

International Economic Law and ‘Public Reason’: Why Do Governments Fail To Protect International Public Goods More Effectively?

PETERSMANN, Ernst-Ulrich
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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Is the ineffective protection of international public goods (like an efficient world trading and financial system), and thereby also of interrelated national public goods (like a common market undistorted by anti-dumping laws and other border discrimination), the inevitable fate of humanity? The negative answer to this question in Section I argues that the ineffective protection of international public goods is mainly due to lack of adequate theories, rules and institutions for overcoming the ‘collective action problems’ in the multilevel governance of interdependent public goods. Section II reviews the competing conceptions of ‘international economic law’ (IEL) such as public international law approaches, multilevel economic law approaches, ‘global administrative law’ approaches, ‘conflicts law approaches’ and ‘multilevel constitutional approaches’. Section III argues that - similar to the experience of all democracies that ‘national public goods’ can be supplied only in a framework of constitutional, legislative, administrative and judicial rules and procedures supported by domestic citizens - the multilevel governance of ‘international public goods’ requires a multilevel constitutional framework for multilevel rule-making and judicial protection of rule of law and constitutional rights accepted and supported by domestic citizens as ‘primary’ legal subjects of IEL and of a citizen-driven...

State Discretion as a Paradox of EU Evolution

FOROWICZ, Magdalena
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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56.23%
The notion of State discretion is a fundamental concept for the determination of powers and the effective functioning of regional and international legal systems. It is an inherently controversial notion in a system such as the European Union, as it implies that a freedom of decision and interpretation is left to Member States. State discretion disturbs and fosters diversity, thereby potentially threatening the coherent development and harmonisation of EU law and policies. Nonetheless, as part of an expanding EU, it becomes increasingly difficult to build consensus among States with varied legal, economic and political traditions. The increasingly pluralist nature of the EU membership and regime often requires patience and compromise. In this context, the notion of State discretion could play an important role in improving the efficiency of EU law and relations between EU Institutions and Member States. This Working Paper envisages State discretion as process which is defined in the ex ante legislative phase and the ex post judicial phase. As an alternative to the principle of subsidiarity, this paper proposes a different and more comprehensive framework for interpreting relations between Member States and EU Institutions. It is also part of a longer study focusing on several areas of EU Law.

Refugee Law in the United Kingdom and the European Union: The constitutive and subversive effects of immigration and border control

EL-ENANY, Nadine
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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This thesis examines the evolution of United Kingdom (UK) and European Union (EU) refugee law, arguing that there is a problematic relationship between immigration and asylum law in both contexts. UK asylum law emerged initially as an exception to generalised immigration restriction. The origins of the legal concept of asylum lay within the discretionary confines of immigration law – to this extent refugee law was partly constituted by the immigration and border control regime. Similarly the UK’s first asylum law took shape in the context of restrictive intergovernmental cooperation between immigration ministers taking place at the European level in the 1980s and 1990s. It is argued that the UK welcomes aspects of EU cooperation that boost its own administrative capacity, but rejects European influence where this threatens to impinge upon its discretion to shape its domestic asylum regime. The UK’s flexible opt out allows it to participate in EU measures according to these preferences. This thesis questions whether the EU should tolerate such cherry-picking in respect of a sensitive area of law that affects the lives of vulnerable individuals. While harmonisation demands the setting of minimum asylum standards, the first stage asylum directives consist of an unhappy compromise in permitting a wide scope for discretion for Member States in applying the directives...

Global Administrative Law: An Italian perspective

CASSESE, Sabino; BATTINI, Stefano; D’ALTERIO, Elisa; NAPOLITANO, Giulio; DE BELLIS, Maurizia; CAROLI CASAVOLA, Hilde; MORLINO, Elisabetta; CASINI, Lorenzo; CHITI, Edoardo; SAVINO, Mario
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Outros Formato: application/pdf; digital
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This Policy Paper collects a set of contributions given and discussed at the Conference on “Global Administrative Law: an Italian Perspective”, European University Institute, Global Governance Programme, 24 February 2012. The purpose of the conference was to present the work of a group of Italian scholars who have, to date, written more than a hundred articles or books on Global Administrative Law (GAL), and have been or are engaged in around ten collective enterprises on the subject. After a brief introduction by Sabino Cassese, in which the main features of GAL and its significance are examined, nine contributions deal with a high number of legal issues raised by globalization and global governance. All of them adopt a GAL approach in order to tame and frame relevant topics such as the role of administrative law beyond the State (Stefano Battini), courts acting as global regulators (Elisa D’Alterio), the global governance after the financial crisis (Giulio Napolitano), the global financial regulation (Maurizia De Bellis), global rules of public procurement (Hilde Caroli Casavola) and procurement regimes of international organizations (Elisabetta Morlino), global sports law (Lorenzo Casini), the relationships between GAL and EU administrative law (Edoardo Chiti) the transgovernmental power at the European and global level (Mario Savino). This Policy Paper aims at contributing to one of the most significant intellectual enterprise of 21st century...

Democratic Legitimacy though European Conflicts-law? The case of EU administrative governance of GMOs

WEIMER, Maria
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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This thesis aims at addressing the problem of a potential dis-embedding of the EU administration from democratic institutions. For that purpose it explores the potential of a novel approach to EU constitutionalism, namely of European conflicts-law to ensure the democratic legitimacy of EU administrative governance of GMOs. The term administrative governance is being used as referring to a system of administrative action, in which EU administrative actors implement EU law in cooperation with national administrations, as well as with scientific and private experts. In order to analyse the functioning of this system governance is employed as analytical framework. This thesis shows that the conflicts-law approach constitutes a valuable constitutional framework. It helps to identify and better understand the legitimacy problems of EU administrative governance in the field of GMOs. The existent legal rules in this area can to a certain extent be reconceived as embodying conflicts-law mechanisms and ideas. This is most visible in their aim to procedurally organise cooperation between various actors within horizontal network structures of decision-making. However, the implementation of GMO rules in practice has considerably undermined the functioning of conflicts-law mechanisms. The analysis reveals problematic shifts of authority...

The action for injunction in EU consumer law

OGORZALEK, Magdalena
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: application/pdf; digital
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In 1998 the European Union adopted a new self-standing instrument of collective enforcement - the Action for Injunction. Until then, the main focus was on the improvement of the position of the individual consumer through the adoption of substantive consumer law directives. The Injunction Directive provides for a general framework on consumer law enforcement in national and cross-border litigation. Qualified entities, public agencies and/or consumer organisations, are granted legal standing. National courts are bound to mutually respect the standing of EU wide registered qualified entities. Outside these clear-cut rules on the mutual recognition of standing, the Injunction Directive remains largely silent. The implementation into 28 Member States swiftly revealed the rather limited harmonising effect. The thesis investigates and explains how despite the legally approved diversity, the Injunction Directive contains the potential to turn diversity into convergence. The key to understanding the potential is the thesis of dualism of enforcement measures. Read together with the Annex the Injunction Directive establishes the deep interconnection between collective and individual enforcement, of substantive and procedural enforcement, of judicial and administrative enforcement. The different levels and means of enforcement should not be regarded separately but should always be looked at in their interplay...

In the aftermath of the crisis : the EU administrative system between impediments and momentum

CHITI, Edoardo
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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The European responses to the financial and public debt crisis have triggered a process of administrative reorganization and growth within two fundamental sectors of the EU, the internal market of financial services and the EMU. This paper argues that the process of reorganization and growth of the EU administrative machinery within the single financial market and the EMU is characterized by a number of inherent tensions. Four of them are prominent and refer, respectively, to the powers conferred to the satellite administrative bodies established in order to tackle the crisis, to the jurisdictions of the new administrations, to the degree of centralization which is sought within the new mechanisms for the implementation of EU laws and policies, to the accountability mechanisms. When assessed in the light of their capability to improve the EU administrative capacities, such tensions appear to be deeply ambivalent. On the one hand, they might operate as «fault lines» of the whole EU administrative machinery, destabilizing its functioning in two important fields of EU action. On the other hand, by pointing to a host of unsolved issues in EU administrative law, they provide an opportunity for opening a genuine institutional and scientific discussion on the ways in which the EU administrative system should be adjusted or reformed.

Europeanization of Private Law in Central and Eastern Europe Countries (CEECs): Preliminary Findings and Research Agenda

CAFAGGI, Fabrizio; CHEREDNYCHENKO, Olha O.; CREMONA, Marise; CSERES, Kati; GORYWODA, Lukasz; KAROVA, Rozeta; MICKLITZ, Hans-Wolfgang; PODSTAWA, Karolina
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
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36.31%
Since its creation, European Union (hereinafter: ‘the EU’) has experienced various enlargements. In 1973, Denmark, Ireland and the United Kingdom joined the EU. Greece became a Member in 1981 and was followed by Spain and Portugal in 1986. Austria, Finland and Sweden accessed the EU in 1995. In 2004, ten Central and Eastern European Countries (hereinafter: ‘the CEECs’) became EU members. Finally, another two CEECs, i.e. Bulgaria and Romania, joined the EU on 1 January 2007. What impact did previous enlargements have on national systems of private law? It is an important question since there are ongoing accession negotiations with Croatia and Turkey and also other countries (Macedonia, Bosnia and Herzegovina, Albania Serbia and Montenegro, Ukraine and Moldova) are interested in adhering to the EU. Not only these countries but also Russia has developed specific relationships with the EU which affect its private law system. Learning from previous experience may help structuring better pattern of Europeanization. But the broader question is whether the process of ‘Europeanization’ of private law in CEECs can be considered concluded with membership or ‘regional policies’ are needed to contextualize the implementation of EU law and to govern its spillovers.; Table of Contents I. Introduction (Fabrizio Cafaggi and Lukasz Gorywoda) .................................... 1 1. Staging of the Project ................................................................. 4 2. The Scope of the Project ............................................................... 4 3. Domains of the Project ................................................................. 5 4. Institutional Approach...................................................................7 5. Diachronic and Synchronic Approach ......................................................8 6. Patterns of Europeanization of Private Law...............................................9 6.1. Legal factors and diversity of obligations.............................................10 6.2 Market-driven factors inducing adoption of EU-like legislation..........................15 6.3 Socio-economic and institutional factors................................................15 7. Patterns of Legal Europeanization of Private Law.........................................16 8. Different Modes of Adoption of EU Legislation and General Principles.....................18 8.1 Europeanization of private law through legislation .................................... 18 8.2 Modes of adoption through administrative agencies ......................................18 8.3 Modes of adoption through judiciary.....................................................18 8.4 Modes of Europeanization: the role of private organizations.............................18 9. Differences in Sectors ..................................................................18 10. Conclusions ............................................................................18 II. Institutional Framework (Marise Cremona and Karolina Podstawa) ...................... ..20 1. The New Member States of Central and Eastern Europe..................................... 20 1.1 Enlargement and pre-accession strategy................................................. 20 1.2 'Europe' Association Agreements ....................................................... 21 2. Candidates and Potential Candidates .................................................... 23 3. Western Balkans..........................................................................24 3.1 Stabilisation and Association Agreements (SAAs) ........................................24 3.2 Potential candidate/candidate status and pre-accession..................................25 4. Turkey ..................................................................................27 4.1 The Association Agreement with Turkey...................................................27 4.2 Turkey as a candidate State.............................................................29 5. The European Neighbourhood Policy........................................................30 5.1 Partnership and Cooperation Agreements .................................................30 5.2 The ENP framework ......................................................................31 6. Russia ..................................................................................33 III. Consumer Law (Hans-W. Micklitz) .......................................................35 1. Four Reasons for Research................................................................35 2. Continuity and Discontinuity ............................................................39 3. Modes of Implementation of Consumer Law .................................................41 3.1 Legislative implementation..............................................................41 3.2 Via separate laws and/or via amendments of the civil law................................42 3.3 Role and function of intermediaries in the implementation process...................... 42 4. Enforcement .............................................................................43 4.1 Internal socio-economic and cultural factors ...........................................43 4.2 External factors .......................................................................45 IV. Europeanization of Competition Law (Kati Cseres and Rozeta Karova) .................... 47 1. Introduction ............................................................................47 2. Continuity v. Discontinuity..............................................................49 3. Modes of Implementation of the Acquis....................................................52 3.1 Legislative implementation..............................................................52 3.2 Judicial implementation of the European competition case-law ...........................58 4. Enforcement .............................................................................59 4.1 Internal socio-economic factors ........................................................59 4.2 External factors .......................................................................61 4.3 Private enforcement ....................................................................64 5. Institutions ............................................................................66 V. Securities Law (Olha O. Cherednychenko) .................................................70 1. Introduction ............................................................................70 2. Continuity vs. Discontinuity ............................................................73 3. Modes of Implementation .................................................................75 3.1 Implementation through legislature and executive .......................................75 3.2 Implementation through judiciary and alternative dispute resolution boards............. 77 4. Enforcement .............................................................................78 4.1 Public enforcement .....................................................................78 4.2 Private enforcement ....................................................................79 5. Institutions ............................................................................80 VI. Preliminary Conclusions (H.-W. Micklitz)................................................82

Rights of participation in European Administrative Law: A rights-based approach to participation in rulemaking

MENDES, Joana
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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66.41%
Defense date: 16/03/2009; Examining board: Loïc Azoulai (University of Paris II), Paul Craig (St. John's College, Oxford), Bruno De Witte (EUI), Jacques Ziller (Supervisor, former EUI and University of Pavia); Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2010.; This dissertation critically assesses the current scope and meaning of participation rights in European administrative law and proposes a different normative solution to the problem of the procedural protection of rights and legally protected interests. The analysis of the Courts' case law on this matter demonstrates that their view on participation rights is determined by a bilateral conception of the procedure which involves the decision-maker and the decisiontaker and justifies the latter's right to be heard. All extensions of this right endorsed by the Courts' case law fall within the realm of this basic construction. Likewise, the exclusion of participation rights from rulemaking procedures is a consequence of this basic approach to participation rights. It is defended that the structural scheme within which the European Courts conceive participation rights prevails over the consideration of the substantive adverse effects that may be produced in the legal sphere of legal and natural persons. It is defended that this status quo is too restrictive and overlooks the procedural protection of rights and legally protected interests where this would be justified. An extension of the scope of participation rights is thus proposed. The solution defended is grounded on a concept of participation...

Guiding the exercise of union's administrative power in the EU wider neighbourhood : the rule of law from paper to operationalisation

VIANELLO, Ilaria
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
Português
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56.47%
The purpose of this paper is to establish that the Union is under an obligation to respect the rule of law when it acts externally, and second, to map out the outline of a research agenda on what exactly the rule of law might mean when operationalised in one field of EU external relations characterised by a wide variety of administrative activities i.e. the EU wider neighbourhood (Stabilisation and Association Process and European Neighbourhood Policy). Furthermore, the paper – throughout its development – will try to highlight that the power exercised by the administration in these two policies is significant and often carried out in an unregulated manner; thus the need to research the operationalisation of the rule of law in guiding the Union’s administrative power in these two policies. The paper will proceed as follows. First, it will analyse the obligation to respect the rule of law when the Union acts externally. Secondly, it will provide the reader with a very brief definition of what it means to respect the rule of law in the EU internal legal order. Thirdly, it will explain the choice of the case study. Finally, by using as a starting point the meaning of the rule of law internally the paper will attempt to provide a preliminary operationalisation of what it means to respect the rule of law when the Union develops and implements its action in the wider neighbourhood.

Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive

KROEGER, Malte
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
Relevância na Pesquisa
56.56%
Supervisor: Professor Loïc Azoulai, European University Institute.; Award date: 12 December 2013; The thesis addresses a recent development in EU administrative law at the interface between the principle of primacy of EU law and the competence of the Member States to enforce EU law. EU law obliges Member States in a growing number of directives or regulations to equip their administrative authorities with independence from the government (‘governmental inde-pendence’). On the basis of two recent decisions of the European Court of Justice concerning the independence of national data protection authorities the legal meaning of governmental independence will be elaborated. This thesis argues that there is a broader approach in EU law triggering the establishment of domestic independent administrative authorities. However, obliging Member States to decouple domestic authorities from the national government is not without consequences. In order to determine these consequences the reception of EU inde-pendence requirements in France and Germany is examined in-depth for which telecommuni-cations, data protection and statistics serve as the fields of reference. In the following, this thesis focuses on the effect within the executive of the Member States and claims that Mem-ber States lose their autonomy regarding the setting up of their internal administrative organi-sation while self-confident administrative authorities appear on the national level challenging governmental decisions: the disaggregating effect. In contrast to other analyses...

Cases, Materials and Text on Consumer Law

Fonte: Hart Publicador: Hart
Tipo: Livro
Português
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36.4%
The objective of this casebook, like others in the Ius Commune Series, is to help uncover common roots, notwithstanding differences in approach, of the European legal systems, with a view to strengthening the common legal heritage of Europe. It covers the big legal families in the EU and contains judgments from the supreme courts and other courts of the Member States. In view of the importance of EC legislation (eg harmonisation directives and regulations) in this field, the consumer law casebook contains much material derived from Community law, such as extracts from directives (eg on unfair contract terms, distance selling, doorstep selling, product liability, unfair commercial pratices etc) and judgments of the ECJ and national court decisions. Furthermore, attention is paid to the way in which, when interpreting EC directives in the consumer field, the ECJ refers to concepts common to the legal systems of the Member States and how the courts of the Member States incorporate the concepts found in the directives (as interpreted by the ECJ) in their legal systems. The casebook also compares harmonised and pre-harmonised law, especially in the case law of the Member States. It concentrates on private law in the field of consumer protection but also addresses topics...

Participation in EU Rule-making: A Rights-Based Approach

MENDES, Joana
Fonte: Oxford University Press Publicador: Oxford University Press
Tipo: Livro
Português
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46.47%
(Published version of EUI Ph.D. thesis, 2009.); * Provides a detailed analysis of the Court of Justice and the Court of First Instance case law on the right to be heard in adjudicatory and rulemaking procedures, including a critical discussion of seminal cases * Presents a critical overview of participation in EU governance, from the early years of integration to the EU post-Lisbon * Develops a powerful legal argument for the extension of participation rights in EU law, to offer better protection to those affected by European regulation * Offers a legal insight into matters usually studied by political scientists, contrasting the perspective of the courts on participation with the broader perspective of the political process The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator...

Exploring the transnational circulation of policy paradigms : law firms, legal networks and the production of expertise in the field of competition policies

Fonte: European University Institute Publicador: European University Institute
Tipo: Livro Formato: application/pdf
Português
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56.12%
This ebook brings together political scientists and legal scholars with a view to explore the transformations that affected the rather stable institutional settlement of EU competition law - and in particular the emergence of a transnational field of competition policy - since the 1990s. Beyond its insistence on “transnational fields” and the on-going conflicts and competitions that structure its dynamics, the book also suggests a new entry: the power-knowledge nexus that considers the production as much as the import-export of ideas, theories and “models” about competition policies as one essential lever through which these battles are fought.; -- Introduction, Julie Bailleux and Antoine Vauchez, 1 -- Experimentalist governance in the European competition network, Basje Bender, 9 -- Private actors and their advisers in administrative agency networks, Yane Svetiev, 21 -- When 'Chicago' meets London and Paris : competition elites and the regulation of restrictive practices, Andy Smith, 31 -- The political economy of global competition law and policy : an institutional approach, Pablo Iglesias-Rodríguez, 41 -- Idea merchants and paradigm peddlers in global antitrust, Mel Marquis, 53

Turkey : Country Procurement Assessment Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Procurement Assessment (CPAR); Economic & Sector Work
Português
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36.4%
Public procurement legislation in Turkey has not kept pace with the sweeping reforms undertaken in the national procurement systems of many other countries during the same period nor with the development of internationally recognized bodies of procurement legislation, such as those of United Nations Commission on International Trade Law (UNCITRAL), the European Union (EU) and the World Trade Organization (WTO). Following Turkey's acceptance, in December 1999, as a candidate country for accession to the EU, the Government has committed itself to achieving approximation and, eventually, alignment with EU law in many areas, including public procurement. To that end, the MOF and MPWS have already begun the process of drafting a new public procurement law, a draft of which has already been promulgated within Government and on which both the World Bank and the European Commission have offered their comments. Clearly, it is essential that this new draft law should not only make up the ground lost in the 17 years since the GPL was last amended but also bring the Turkish law up to date with recognized models of best practice and achieve an appropriate degree of approximation with the EU Directives. However...

The problems and the controls of the new administrative state of the EU

Barroso, Luis
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /12/2011 Português
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36.41%
Over the last two decades the shape of the European public administration has changed considerably; the EU has become much more strongly involved in the regulation of very dynamic and fluid market activities. One of the consequences of that has been an increasing reliance on EU regulatory agencies to perform the novel administrative tasks. While agencies can be beneficial for the EU, they also generate new problems. In particular, these bodies have limited resources and have to rely on (national and sector) external capacities to a significant extent. There is a risk here that if the important issues are mainly capacity-related and „liquid‟, it will be very difficult to ensure „checks and balances‟ in these institutional systems. The thesis examines this through case-studies (EU regulatory agencies) in medicines, chemicals, financial services and aviation. It finds that the problems in each EU agency are different and unpredictable. In such a context, having more external and static controls on the agencies will hardly improve things. An alternative „framework‟ (that of fluid administrative law) should be considered to deal with the challenges of the new administrative state. It promotes constant administrative law principles (internal process...