The Margins Of European Law

The Margins of European Law attempts to provide a critical and sceptical approach to European law. The related themes of the book attempt to introduce a historical and theoretical context for European law. Ultimately, it is suggested that the new European order requires a very different legal and jurisprudential approach; one which is distinctively post-modern. European Community law, at its margins, is a mass of inconsistencies and injustices, and a post-modern model can better effect the erasing of the margins of European law.

The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.

In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

Exposes the tension between the legal status of immigrants and the government emphasis on integration.

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.

This volume focuses on Muslims in Finland, Greece, Ireland and Portugal. It highlights how Muslim experiences can be understood in relation to country’s particular historical routes, political economies, and post-colonial legacies. It also reveals that country particularities shaping European Muslim experiences cannot be understood independently of global dynamics.