General Principles Of Ec Law
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Research Handbook on General Principles in EU Law
Author | : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 656 |
Release | : 2022-04-22 |
Genre | : Political Science |
ISBN | : 9781784712389 |
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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.
General Principles of EU Law and the EU Digital Order
Author | : Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries |
Publsiher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Information technology |
ISBN | : 9403511656 |
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General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.
East African Community Law
Author | : Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers |
Publsiher | : BRILL |
Total Pages | : 553 |
Release | : 2017-03-06 |
Genre | : Law |
ISBN | : 9789004322073 |
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East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
General Principles of EU Law and the Protection of Fundamental Rights
Author | : Chiara Amalfitano |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 240 |
Release | : 2018 |
Genre | : Electronic Book |
ISBN | : 9781786439437 |
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This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
General Principles of EC Law in a Process of Development
Author | : Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot |
Publsiher | : Kluwer Law International B.V. |
Total Pages | : 479 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9789041127051 |
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What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.
The General Principles of EC Law
Author | : Takis Tridimas |
Publsiher | : Oxford University Press, USA |
Total Pages | : 480 |
Release | : 1999 |
Genre | : Law |
ISBN | : STANFORD:36105060432833 |
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One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This book provides a detailed andsystematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that theyentail. Tridimas focuses on principles such as equality, proportionality, fundamental rights and the right to a hearing. This book also analyses the liability of Member States for breaches of Community Law. It is designed for students, academics and practitioners interested in the wider areas ofEuropean law and judicial review. This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political context, at alevel which will interest the advanced student, the practitioner, the academic, and government and Community officials.
The General Principles of EU Law
Author | : Takis Tridimas |
Publsiher | : Oxford University Press, USA |
Total Pages | : 591 |
Release | : 2007 |
Genre | : Law |
ISBN | : 0199227683 |
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This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
General Principles of Law
Author | : Stefan Vogenauer,Stephen Weatherill |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 432 |
Release | : 2017-06-15 |
Genre | : Law |
ISBN | : 9781509910694 |
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Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.