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The Principle of Loyalty in EU Law

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Release : 2014
Genre : Law
Kind : eBook
Book Rating : 123/5 ( reviews)

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Book Synopsis The Principle of Loyalty in EU Law by : Marcus Klamert

Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Principle of Loyalty in EU Law

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Author :
Release : 2014
Genre : Constitutional law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The Principle of Loyalty in EU Law by : Marcus Klamert

Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law.

The Law of the European Union and the European Communities

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Release : 2018-09-28
Genre : Law
Kind : eBook
Book Rating : 124/5 ( reviews)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper. This book was released on 2018-09-28. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Research Handbook on General Principles in EU Law

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Release : 2022-04-22
Genre : Political Science
Kind : eBook
Book Rating : 388/5 ( reviews)

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Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.

Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S.. This book was released on 2022-04-22. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

Between Compliance and Particularism

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Release : 2019-02-08
Genre : Law
Kind : eBook
Book Rating : 828/5 ( reviews)

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Book Synopsis Between Compliance and Particularism by : Marton Varju

Download or read book Between Compliance and Particularism written by Marton Varju. This book was released on 2019-02-08. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

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