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"This book is at home in the offices of everyone concerned about Corporate Social Responsibility. For scholars, lawyers, and accountants this book offers a compelling account of all the newest 'business and human rights' material in our polarised world. For litigators, judges, and other dispute settlers, it uncovers power dynamics that serve as barriers to justice"--
The book will be of interest to anyone researching the European Court of Justice. It provides the first encompassing normative framework to assess the development and state of the Court's procedures and decision-making. In university education it can be used at all levels and is particularly suited for interdisciplinary settings.
This study examines the many reforms passed by the EU in the field of economic and fiscal policy over the past decade of crises. Using the rule of law as a normative benchmark, it carries out the first ever assessment of the constitutional foundations of the Union's economic governance system.
This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.
This book will help students and academics to learn more about how the European Court of Human Rights operates in practice. It explains the functionality of the Court and shows the limits of the Court's impact on European Public Order.
An insider's view of how the European Commission, Council and Parliament work from a legal perspective. Paivi Leino-Sandberg shares her insights from ten years as a government legal adviser working with the EU institutions and draws on interviews with over sixty legal advisers and policymakers.
This book analyses European privacy rights, focusing especially on the GDPR, and dives into exactly what kind of legal personhood is presupposed in privacy regulation. Through close readings of case law, the author shows that the law understands personhood in highly individualised ways.
This book argues that the tragedy that has unfolded not only in terms of Brexit ,but also the populism more widely that underpins it, could have been predicted had more care been taken in examining the fissures that ran deep within the case law on EU citizenship from its infancy.
This book provides an in-depth analysis of the practice of third country participation in the European Union's internal market and the legal conditions under which the exporting of the internal market acquis can effectively take place. It will be of interest to academics, students, practitioners and policy-makers.
Explores the rise of people, parliament and courts in EU treaty making since 1950. Relevant to students and scholars in fields such as EU law and politics, comparative constitutionalism, international law and relations. Its reform ideas are highly relevant for European policy-makers and Europe watchers worldwide.
Examines the European Court as an institutional actor and how it exercises additional, quasi-legislative functions beyond its original mandate. Essential reading for EU scholars in the fields of law and political science with interests in the study of the Court of Justice and its institutional role in European integration.
The first book-length study of human rights in the Council of Europe and the European Union, this volume makes a vital contribution to the post-Brexit debate in the UK by providing concise, authoritative summaries of the case law of the European Court of Human Rights (ECHR) and the fundamental rights case law of the European Court of Justice.
Dariusz Adamski puts a new perspective on the main economic policies of the European Union. He demonstrates how these policies have made the European project crisis-prone and explains how to remedy this within the Treaty framework. This original book makes a major contribution to the literature in the field.
Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.
The EU's Eastern enlargements have had a profound impact on the regulation of labour law in Europe. This book explores how trade unions in five member states have responded, and could respond, to the effects of the enlargements, and in particular to the increased migration of workers across borders.
The activities of the Frontex Border Agency navigate the political anxiety in the EU over immigration and border control, and the human rights of those seeking access, in particular protection from refoulement. This book explores the legal responsibility of the EU in relation to Frontex's activities.
Ania Zbyszewska's feminist, socio-legal study of the European working time regime examines its historical development and influence in the Polish working time reform, focusing on the gendered dynamics and the relationship between the EU and national politics and law. This study will be of interest to legal and feminist scholars, and policy makers.
This book questions the entanglement between law and EU polity-building, bringing new historical material and new sociological insights into the role lawyers have played in shaping Europe.
A concise and comprehensive analysis of the Eurozone crisis from a multidimensional constitutional and economic perspective. It discusses the most important constitutional questions about the economic crisis and the proposed solutions raised, both at the level of individual Treaty provisions and constitutional principles.
The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.
This book provides a comprehensive overview of the legality of labour, environmental, and animal welfare standards to regulate the sale of goods produced abroad from an EU law perspective. It will appeal to academics, policy makers, activists and practitioners with a particular interest in this field.
Hugh Collins examines whether the harmonisation of private law in the European Union would be a desirable development, arguing that a gradual movement towards common principles would establish fundamental social and economic rights and facilitate a more effective and acceptable European governance.
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day.
This book critically appraises the European Convention on Human Rights at a time of considerable change. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War. The implications of this are fully explored and a coherent set of policy proposals offered.
In this book, Harrison and Woods provide a detailed analysis of European broadcasting law, set against an overview of policy in this area. The extent to which viewers' interests are protected is examined, and the authors also consider how the proposed changes to the regulatory framework will address the concerns identified.
This is the first book to comprehensively cover the adaptation of the constitution of Central and Eastern Europe for accession to the European Union. Key themes include sovereignty, legitimacy, supremacy, referendums, constitutional review, implication of the European Constitution, as well as constitutional issues of membership in NATO.
In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.
When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organizations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.
The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.
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