Philosophical Foundations of European Union Law

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Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.65/5 ( download)

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Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

A Philosophy of European Union Law

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Author :
Publisher : Peeters
ISBN 13 :
Total Pages : 508 pages
Book Rating : 4.65/5 ( download)

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Book Synopsis A Philosophy of European Union Law by : Jan M. Broekman

Download or read book A Philosophy of European Union Law written by Jan M. Broekman and published by Peeters. This book was released on 1999 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face.

A Companion to European Union Law and International Law

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Publisher : John Wiley & Sons
ISBN 13 : 0470674393
Total Pages : 630 pages
Book Rating : 4.90/5 ( download)

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Book Synopsis A Companion to European Union Law and International Law by : Dennis Patterson

Download or read book A Companion to European Union Law and International Law written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2016-05-02 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

A Union of Peoples

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Publisher : Oxford University Press, USA
ISBN 13 : 019885417X
Total Pages : 305 pages
Book Rating : 4.73/5 ( download)

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Book Synopsis A Union of Peoples by : Pavlos Eleftheriadis

Download or read book A Union of Peoples written by Pavlos Eleftheriadis and published by Oxford University Press, USA. This book was released on 2020-04-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. Just like international law, EU law applies primarily to the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles.

A Union of Peoples

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Publisher : Oxford University Press
ISBN 13 : 0192596047
Total Pages : 272 pages
Book Rating : 4.48/5 ( download)

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Book Synopsis A Union of Peoples by : Pavlos Eleftheriadis

Download or read book A Union of Peoples written by Pavlos Eleftheriadis and published by Oxford University Press. This book was released on 2020-04-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. Just like international law, EU law applies primarily to the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles.

The Oxford Handbook of European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 950 pages
Book Rating : 4.56/5 ( download)

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Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

A Critical Introduction to European Law

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Publisher : Cambridge University Press
ISBN 13 : 9780406958105
Total Pages : 388 pages
Book Rating : 4.06/5 ( download)

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Book Synopsis A Critical Introduction to European Law by : Ian Ward

Download or read book A Critical Introduction to European Law written by Ian Ward and published by Cambridge University Press. This book was released on 2003-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the history and institutional framework of the EU without becoming mired in the minutiae of 'black letter' law. It provides an accessible introduction for students to current critical academic commentary on European law.

Constructing Legal Systems: "European Union" in Legal Theory

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Publisher : Springer Science & Business Media
ISBN 13 : 9401711526
Total Pages : 169 pages
Book Rating : 4.24/5 ( download)

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Book Synopsis Constructing Legal Systems: "European Union" in Legal Theory by : N. MacCormick

Download or read book Constructing Legal Systems: "European Union" in Legal Theory written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

The Ethical Spirit of EU Law

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Publisher : Springer
ISBN 13 : 3030105822
Total Pages : 157 pages
Book Rating : 4.22/5 ( download)

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Book Synopsis The Ethical Spirit of EU Law by : Markus Frischhut

Download or read book The Ethical Spirit of EU Law written by Markus Frischhut and published by Springer. This book was released on 2019-03-15 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.

From Dual to Cooperative Federalism

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Publisher : Oxford University Press, USA
ISBN 13 : 0199238588
Total Pages : 428 pages
Book Rating : 4.83/5 ( download)

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Book Synopsis From Dual to Cooperative Federalism by : Robert Schütze

Download or read book From Dual to Cooperative Federalism written by Robert Schütze and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.