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The EU Principle of Subsidiarity and Its Critique

2002 Law
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Release : 2002
Genre : Law
Kind : eBook
Book Rating : 429/5 ( reviews)

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Book Synopsis The EU Principle of Subsidiarity and Its Critique by : Antonio Estella de Noriega

Download or read book The EU Principle of Subsidiarity and Its Critique written by Antonio Estella de Noriega. This book was released on 2002. Available in PDF, EPUB and Kindle. Book excerpt: The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.

The EU Principle of Subsidiarity

2006
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Release : 2006
Genre :
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Book Synopsis The EU Principle of Subsidiarity by : Marilyn Terpsopoulou

Download or read book The EU Principle of Subsidiarity written by Marilyn Terpsopoulou. This book was released on 2006. Available in PDF, EPUB and Kindle. Book excerpt:

The Principle of Subsidiarity and its Enforcement in the EU Legal Order

2018-05-31 Law
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Release : 2018-05-31
Genre : Law
Kind : eBook
Book Rating : 692/5 ( reviews)

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Book Synopsis The Principle of Subsidiarity and its Enforcement in the EU Legal Order by : Katarzyna Granat

Download or read book The Principle of Subsidiarity and its Enforcement in the EU Legal Order written by Katarzyna Granat. This book was released on 2018-05-31. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

Subsidiarity in the European Community's legal order

2009-07-14 Political Science
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Release : 2009-07-14
Genre : Political Science
Kind : eBook
Book Rating : 553/5 ( reviews)

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Book Synopsis Subsidiarity in the European Community's legal order by : Andrea Daniel

Download or read book Subsidiarity in the European Community's legal order written by Andrea Daniel. This book was released on 2009-07-14. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2009 in the subject Politics - Topic: European Union, grade: A-Grade with Distinction, South Bank University London (Faculty of Art and Human Sciences), course: European Policy, language: English, abstract: The subject of this essay is the implementation of the subsidiarity-principle in the EC's legal order. While EC-laws have supremacy over national laws and become a part of the national legal order, self-standing national laws are applicable where the EC has no legislative competence. In this aspect, the EC’s system is comparable to e.g. the German federal system. The essay shows that the EC’s legislative system balances the powers of the supranational and the national level by certain legal instruments: The principle of “limited empowerment”, the distinction between exclusive and competitive competences and the necessity of a “legal basis” for every supranational legislative act. As their justiciability is essential for the lower levels’ protection from power centralisation the Member States can litigate at the European Court of Justice against “lack of competence” when the EC meddles in affairs for which it is not empowered. The theoretical implementation as well as the – sometimes unsatisfying – practical application of these instruments is illustrated on the examples of two EC-directives on the ban of tobacco advertisements and the German litigation against them for “lack of competence”.

Varieties of European Subsidiarity

2021-02-22 Political Science
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Release : 2021-02-22
Genre : Political Science
Kind : eBook
Book Rating : 574/5 ( reviews)

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Book Synopsis Varieties of European Subsidiarity by : Ralf Alleweldt

Download or read book Varieties of European Subsidiarity written by Ralf Alleweldt. This book was released on 2021-02-22. Available in PDF, EPUB and Kindle. Book excerpt: Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

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