Share

Europe's Passive Virtues

2020-05-21 Political Science
Download Europe's Passive Virtues PDF Online Free

Author :
Release : 2020-05-21
Genre : Political Science
Kind : eBook
Book Rating : 255/5 ( reviews)

GET EBOOK


Book Synopsis Europe's Passive Virtues by : Jan Zglinski

Download or read book Europe's Passive Virtues written by Jan Zglinski. This book was released on 2020-05-21. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Europe's Passive Virtues

2020-05-22 Law
Download Europe's Passive Virtues PDF Online Free

Author :
Release : 2020-05-22
Genre : Law
Kind : eBook
Book Rating : 263/5 ( reviews)

GET EBOOK


Book Synopsis Europe's Passive Virtues by : Jan Zglinski

Download or read book Europe's Passive Virtues written by Jan Zglinski. This book was released on 2020-05-22. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Europe's Passive Virtues

2016
Download Europe's Passive Virtues PDF Online Free

Author :
Release : 2016
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

GET EBOOK


Book Synopsis Europe's Passive Virtues by : Jan Zglinski

Download or read book Europe's Passive Virtues written by Jan Zglinski. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: To the great joy of some, and even greater chagrin of others, the margin of appreciation has become a cornerstone of international rights adjudication. Within less than 40 years, the doctrine has made it from Strasbourg into courtrooms across the world. This thesis studies the use of the margin of appreciation by the Court of Justice of the European Union. By the same token, it studies the Court and the EU as such, and the remarkable evolution both have undergone during the past decades. The research focuses on the Court’s jurisprudence on free movement rights and Member State restrictions thereof. After conceptually defining the margin of appreciation, the thesis investigates the law and practice of the doctrine. The analysis is based on an empirical survey of free movement case-law, which covers around 250 judgments from 1974 until 2013. The data expose some fundamental changes in the review behaviour of the Luxembourg Court since the 1970s. Its jurisprudence is evermore marked by self-restraint and decentralisation, a development which manifests itself in two ways. For one thing, the Court increasingly grants national legislatures the freedom to make particular policy decisions. For another, it passes more and more review duties onto national courts. The thesis discusses the implications of these phenomena for review tools such as proportionality analysis. Likewise, it provides a normative assessment of the Court’s practice. It is shown that the changes that have occurred in free movement law have to do with some broader changes in the European project. Over the past two decades, the EU has embraced a series of constitutional goals which take it far beyond its original mission statement. These goals suggest that it is, at times, desirable that the European judges renounce control over Member State acts and, thus, practise passive virtues.

Europe's Passive Virtues

2020-06-04 Law
Download Europe's Passive Virtues PDF Online Free

Author :
Release : 2020-06-04
Genre : Law
Kind : eBook
Book Rating : 794/5 ( reviews)

GET EBOOK


Book Synopsis Europe's Passive Virtues by : JAN. ZGLINSKI

Download or read book Europe's Passive Virtues written by JAN. ZGLINSKI. This book was released on 2020-06-04. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Philosophical Foundations of European Union Law

2012-10-11 Law
Download Philosophical Foundations of European Union Law PDF Online Free

Author :
Release : 2012-10-11
Genre : Law
Kind : eBook
Book Rating : 164/5 ( reviews)

GET EBOOK


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. This book was released on 2012-10-11. 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.

You may also like...