Bøger i Oxford Studies in European Law serien

Dimitrios Kyriazis investigates the use of state aid rules against national tax measures, examining ECJ judgments of the early 2000s as well as the recent Commission decisions and investigations into tax schemes and individual tax rulings.

A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law.

This title explores the reality of equality and non-discrimination within the EU. It includes case studies from the two main directives in relation to equality laws and shows how they have been implemented. This book also identifies indicators that facilitate compliance monitoring among Member States and candidate countries.

This book explores how Member States can introduce secondary EU law via the enhanced cooperation mechanism, which is only binding among these Member States. The book also develops a approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation.

This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.

The first account of the relationship between religion and the constitutional order of the EU, dealing with the key questions of religious freedom and the institutional role of religion and addressing the issues that are at the centre of public debate in Europe, such as the compatibility of Islam with European models of liberal democracy.

This book compares how and why the European Court of Justice, the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.

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.

The European legal system was not always as effective as it is now at influencing state behaviour and compelling compliance. This book explains why national courts took on a role enforcing European law against their governments, and why governments accepted a change that compromised sovereignty.

The EU's human rights policies are plagued by double standards: it applies radically different approaches in its external and internal operations. In this book, Andrew Williams reveals the nature and scope of this bifurcation and the resultant discrimination, and argues that the ironical condition revealed undermines both the EU's commitment to human rights and its moral credibility.

This monograph aims to take an interdisciplinary approach to the questions of who is accountable for the European Union's extraterritorial peacebuilding activities and to whom, combining tools of legal scholarship with insights from political science research.

This book explores the political and legal accountability of the Economic and Monetary Union and the Banking Union. It focuses on how to render the EU and national institutions acting in this area more accountable and transparent in the exercise of their duties.

This book investigates the Court of Justice's practice of deferring to Member State authorities in free movement law, examining the decision-making latitude accorded to national institutions by means of two deference doctrines, the margin of appreciation and decentralised judicial review.

This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective.

This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.

This book examines how and where the EU's intensified external actions have impacted its internal constitutional structure, concentrating on how its organisational principles have been influenced and as a result, profoundly alter the involvement of the various EU institutions and the influence of the Member States on the decision-making process.

This book offers the first in-depth analysis of a pressing issue in the European Union: ensuring democratic oversight and fundamental rights in light of a growing official secrets architecture embedded in security policies.

The focus of this monograph is on the evolution of EU policies designed to realize specific fundamental rights, and how this is delivered in EU equality law.

Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification?

A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.

This book explores the relationship between EU law and the member states' local and regional authorities. Through a survey of various areas of EU law, the book introduces two narratives of local and regional authorities in EU law. These narratives also point towards different conceptions of the European legal order itself.

This book is a topical inquiry into the limits of EU integration in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology to illustrate the intertwinement between environmental, public health, economic and social concerns in risk regulation.

This book outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?

The timely subject matter of this book focuses on the interface between extraterritorial border surveillance and migration management by EU Member States and the rights that asylum seekers acquire from EU law. In particular, Moreno-Lax concentrates on the relationship between the EU Charter of Fundamental Rights and mechanisms of pre-entry control.

Focusing on competition, State aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.

How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? Through a close analysis of three case studies (sports, the legal profession, and standard-setting) this book studies how internal market law is used as a control mechanism over private regulators.

Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.

Offering a doctrinal analysis of the EU's trade policy, this volume examines the provisions of a generation of new trade agreements in the broader context of EU foreign policy objectives.

A critical assessment of the role of national parliaments in the EU after the Lisbon Treaty and the sovereign debt crisis in the Eurozone, this book examines whether national parliaments have become resigned or resilient actors in these new socio-economic and politico-legal circumstances.

The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.