Bøger i Oxford Studies in European Law serien

Analysing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.

Through a close study of social policy developments from 1957 to 2014, this book examines how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision making process.

Offering an comparative examination of the constitutional implications of the Euro-crisis on vertical and horizontal relations of power in the EU, this book proposes new ways in which to perfect the governance of Economic and Monetary Union.

With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.

An examination of how competition law maintains its coherence, this volume charts the historical development of the EU competition regime and its path to decentalized enforcement, as well as studying the coherence of the regime's goals, boundaries, rules, and exceptions.

Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.

This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.

The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.

Examining the principle of mutual recognition in the EU legal order this volume asks whether the principle as developed in the internal market, can and should be applied in judicial cooperation in criminal matters in the area of freedom, security, and justice.

This is the first comprehensive analysis of the legal effects of EU agreements explored in both comparative perspective and in terms of the ramifications for the legal orders of the member states. The book provides a thorough analysis of the case-law in this increasingly important area of EU law, valuable to academics and practitioners alike.

The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

This book offers the first overarching examination of constitutional pluralism in the European context. Mapping the leading work to date, it offers a critical assessment of the problems and potential of pluralist theory, arguing that a refined version of constitutional pluralism should be considered the best account of European constitutionalism.

European agencies have been created at a rapid pace in recent years in a multitude of diverse fields from pharmaceuticals to financial supervision. This book examines how the accountability system of these agencies operates formally and in practice, studying the legal provisions in place and their de facto implementation.

New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.

Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.

Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralized EU enforcement. It describes the different practices available, analysing their effectiveness and discussing the Commission's role in ensuring compliance.

The emergence of an EU contract law is one of the most significant legal developments in Europe today. Exploring the origins and evolution of the discipline, from the Sales Directive to the Common Frame of Reference, the book advances a framework for the further harmonization of contract law that embraces diversity and pluralism.

The limited scope of participation in the making of EU law remains a continued source of controversy, and high on the agenda for institutional reform. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts, and presenting a legal argument for their extension.

Taking a contextual approach to EU free movement law, this book examines the interplay between the different normative concerns behind the EU's market freedoms identified in legal discourse. In this approach, fundamental freedoms can best be understood as interplay of doctrines and practices, as well as the institutions where this law is applied.

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis. Tackling the uncertain future of economic and fiscal integration, it focuses on the constitutional obstacles to integration and provides a compelling account of key dilemmas facing the European Union today.

The regulation of cartels has become a central priority of the European Commission, and a cornerstone of EU competition law. Addressing important developments in law and policy since the first edition, Harding and Joshua provide a systematic, critical, and scholarly analysis of cartel regulation in the EU.

This book examines the issues arising from the European Union's practice of listing and sanctioning individuals suspected of supporting terrorism. It provides a comprehensive analysis of the complex legal problems involved, and the difficulty of safeguarding suspects' rights. It also sets the policy in its international context.

From the Amsterdam Treaty to the Lisbon Strategy, there have been efforts to coordinate a European policy for social inclusion. In exploring these developments this book brings to the fore the emerging multi-level governance of social inclusion through its socio-legal and critical analysis of developments over the last decade.

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - national, EU and ECHR. This book focuses on the potential for conflict to emerge between the systems in their interpretation of human rights, and presents as a solution a theory of international judicial dialogue to resolve conflicts.

This book maps out the evolution of judicial control in two major fields of EU activity traditionally outside the scope of its central legal system: the Common Foreign and Security Policy and Justice and Home Affairs. It charts the ongoing attempts to secure adequate judicial safeguards in these controversial areas of EU policy.

Examines how political decisions are taken in the European Union and who influence them, touching upon some of the most central aspects of democracy. This book argues that much of the responsibility for adopting EU-legislation, is exercised by the Brussels-based Commission, rather than the Council of Ministers or the European Parliament.

This book explores how foreign policy fits within the complex constitutional structure of the EU, providing both an analysis of the constitutional reality of EU foreign policy and a theoretical analysis suggesting possibilities for reform.

This monograph addresses the problems surrounding the interpretation and application of Article 81 of the EC Treaty, and how it affects the regulation and limits of EC competition law.