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EU Geopolitical Actorness in a Changing World
by Liridon Lika Dealan RigaThis book elaborates on the assumption that the European Union (EU) actorness might be shifting from normative to geopolitical and strategic focus. Over the past few years, the EU has faced growing challenges such as disruptions in its vicinity, diffusion of global power, and renewed geopolitical competition. These external pressures have significantly impacted the EU, prompting it, among other measures, to announce a “Geopolitical Commission.” Academic literature has acknowledged the EU’s shift from normative power to an increasingly geoeconomic and geopolitical approach. However, the notion of geopolitical actorness warrants closer scrutiny of its implications on foreign policy. This edited volume critically examines the EU’s evolving strategy in a changing world. It provides a conceptual framework for rethinking the Union’s global role and the renewal of foreign policy tools. The book offers a fresh and innovative perspective on whether the EU’s ambition to assert new geopolitical leadership is actually backed by the effective implementation of policies and strategies needed to address emerging global challenges.
EU Health Systems and Distributive Justice: Towards New Paradigms for the Provision of Health Care Services? (Routledge Research in EU Law)
by Danielle Da Costa Leite BorgesEU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.
EU Human Rights, International Investment Law and Participation: Operationalizing the EU Foreign Policy Objective to Global Human Rights Protection (Interdisciplinary Studies in Human Rights #4)
by Vivian KubeThis book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.
The EU in International Sports Governance: A Principal-agent Perspective Of Eu Control Of Fifa And Uefa (The European Union in International Affairs)
by Arnout GeeraertThis book demonstrates that the European Union (EU) can curtail the autonomy of FIFA and UEFA by building upon insights from the principal-agent model. The author argues that EU institutional features complicate control, but do not render the EU powerless, and that FIFA and UEFA can deploy a variety of strategies to mitigate control.
The EU in the 21st Century: Challenges and Opportunities for the European Integration Process
by Tanel Kerikmäe David Ramiro Troitiño Ricardo Martín de la Guardia Guillermo Á. Pérez SánchezIn the light of Brexit, the migration crisis, and growing scepticism regarding the European integration process, this book offers a comprehensive overview of the most pressing problems facing the European Union in the 21st century. Written by experts from various disciplines, the contributions cover a wide range of economic, legal, social and political challenges, including populism, migration, Brexit, and EU defence, foreign policy and enlargements. Each paper includes a historical account, insights into the problems and challenges confronting the EU, and an assessment of the institutions and policy instruments applied by the EU in response. Discussing each of the problems as part of a process – including the historical roots, current situation and potential solutions – the book allows readers to gain an understanding of the European Union as a living project.
EU Internet Law
by Tatiana-Eleni Synodinou Philippe Jougleux Christiana Markou Thalia PrastitouThis book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights - on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law - the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
EU Internet Law in the Digital Era: Regulation and Enforcement
by Tatiana-Eleni Synodinou Philippe Jougleux Christiana Markou Thalia PrastitouThe book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union’s recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.
EU Internet Law in the Digital Single Market
by Tatiana-Eleni Synodinou Philippe Jougleux Christiana Markou Thalia Prastitou-MerdiWith the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
EU Investor Protection Regulation and Liability for Investment Losses: A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law (Studies in European Economic Law and Regulation #20)
by Marnix WallingaThis book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
EU Law (Spotlights)
by Gerard ConwayEU Law provides a comprehensive examination of the law of the European Union in two distinct parts, covering the institutions, structure and processes of the EU as well as the substantive law, as enacted by the Lisbon Treaty. Beginning by examining its origins, Conway locates EU Law within both an international and a domestic legal context. He then explores the evolution of EU Law before providing a clear and accessible account of the structure and internal and international workings of the EU and the special role of the European Court of Justice. The second half of the book explores the Four Freedoms (of Goods, Workers, Capital and Movement) and provides a detailed account of Competition Law and the Economic and Social contexts. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL which will help students Move beyond an understanding of the law Refine and develop the key skills of problem-solving, evaluation and critical reasoning which are essential to exam success Discover sources and suggestions for taking your study further By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice and gain a unique appreciation of the contemporary context of the subject. Companion Website This book is supported by a range of online resources developed to support your learning, keep you up-to-date and to help you prepare for assessments, including: Key Case Flashcards to aid with recall Quizzes and practice questions
EU Law (Longman Law Ser.)
by Iyiola SolankeThe Court of Justice of the European Union is the busiest court in the world. The second edition of this textbook explores why this is. It examines in detail the interactions between European Union and national institutions, instruments, laws and concepts that make up this unique legal order. It explains the core constitutional and substantive principles that underpin the European Union legal order, and introduces EU law in a detailed, comprehensive way which is both enjoyable and clear to read. It offers an up-to-date and accessible analysis of EU law and avoids technical jargon, providing informed insights on an exciting but challenging subject. Combining a historical perspective with up-to-date examples, it aims to help students appreciate how EU law developed and its continued significance in day-to-day life. This updated edition features new coverage on free movement, online resources plus additional chapters on Article 50 and EU law in the UK after Brexit.
EU Law (Key Facts Key Cases)
by Chris TurnerKey Facts Key Cases: EU Law will ensure you grasp the main concepts of your EU Law module with ease. This book explains the facts and associated case law for: The constitution of EU law, its institutions, the sources of EU law and the means of enforcement The relationship with national law The law of the single market EU competition law EU discrimination law and other social policy Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
EU Law and Governance (Cambridge Studies In European Law And Policy Ser.)
by Mark Dawson Floris de WitteWhat is the EU for? In light of the current state of European integration, EU law cannot meaningfully be appreciated without understanding the political, social and cultural context within which it operates. This textbook proposes a fresh, accessible and interdisciplinary take on the subject that is suitable for one-semester and introductory courses wishing to engage the reader with the wider context of the EU project. It situates the institutions, legal order and central policy domains of the EU in their context and offer students the tools to critically analyse and reflect on European integration and its consequences. With pedagogical features such as further reading, class questions and essay/exams questions to support learning, this textbook enables students to form their own informed opinion on whether the EU offers an appropriate answer to the many questions that it is asked.
EU Law and National Constitutions: The Constitutional Dynamics of Multi-Level Governance (Comparative Constitutional Change)
by Alberto Nicòtina, Patricia Popelier and Peter BursensThis book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.
EU Law Enforcement: The Evolution of Sanctioning Powers (Routledge Research in EU Law)
by Stefano MontaldoThe existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
EU Law, Fundamental Rights and National Democracy (Routledge Research in Constitutional Law)
by Eduardo Gill-PedroThe orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.
EU Law in Populist Times: Crises and Prospects
by Francesca BignamiThe rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.
The EU Law on Crypto-Assets: A Guide to European FinTech Regulation
by Dirk Zetzsche Jannik WoxholthThis book provides a comprehensive guide to EU regulation of crypto-assets and FinTech regulation more broadly. The authors explain the need for regulation in an accessible manner and against the background of the instances now dubbed the 'Crypto Winter', when millions of crypto investors lost billions of value due to technical malfunctions, misconduct, and fraud. They combine an in-depth perspective on the bespoke regulations of crypto-assets provided in the EU's Markets in Crypto-Assets Regulation (MiCA) and Pilot Regulation with the revised EU's AML/CTF legislation, operational risk regulation (DORA), and private law. They conclude by analysing how the combined new EU financial regulation addresses the causes of the Crypto Winter, and which risks remain despite the plethora of new policy action. Co-written by a world-leading FinTech expert, the book will be a go-to source for researchers and practitioners and a crucial guide for those navigating the field of crypto-assets.
EU Law on Indications of Geographical Origin
by Vadim MantrovThe present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.
EU Law Stories: Contextual and Critical Histories of European Jurisprudence (Law in Context)
by Bill Davies Fernanda NicolaThrough an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results. Revealing context and stories behind leading European Court of Justice rulings, the book will appeal to students interested in understanding the making and the functioning of EU law through the eyes of many interlocutors of the Court, including winners and losers in each case. Retells stories by leading scholars or participants in the cases from a different perspective, and so the book reveals new insights, including lawyering techniques together with social and political contexts, into the established canon of EU law. By bringing together lawyers, historians, political scientists and political economists, the volume achieves original cross-disciplinary insights into the field of EU law.
EU Legal Framework for Safeguarding Air Passenger Rights
by Francesco Rossi Dal PozzoThis book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
EU Lobbying (Journal Of European Public Policy Ser.)
by David CoenEU Lobbying: Empirical and Theoretical studies offers an analysis of large empirical studies of interest group politics and Lobbying in Europe. Recognising the continued European economic integration, globalisation and the changing role of the state, it observs significant adaptations in interest mobilisation and strategic behavour. This book assesses the logic of collective and direct action, the logic of access and influence, the logic of venue-shopping and alliance building. It addresses specific issues such as: the emergence of elite pluralism in EU institutions, the pump priming of political action by EU institutions, and the growing political sophistication of private and public interests in Brussels. Through these issues the book explores how interest groups lobby different European institutions along the policy process and how the nature of policy dictates the style and level of lobbying. This book was previously published as a special issue of Jounal of European Public Policy
The EU Migration System of Governance: Justice on the Move (The European Union in International Affairs)
by Michela Ceccorulli Enrico Fassi Sonia LucarelliThis book explores the norms, practices, and main actors in the EU Migration System of Governance (EUMSG). Bringing a fresh perspective to the analysis of asylum and migration in Europe, the volume unpacks the European Union’s approach to migration and points to the principles and actions of EU member states. Moreover, it explores the EUMSG’s performance through the lenses of three alternative yet coexistent understandings of justice (non-domination, impartiality, and mutual recognition), thereby overcoming a unilateral ethical viewpoint and moving away from the ‘open-closed borders’ debate.
The EU-NATO Relationship: A Legal and Political Perspective
by Martin ReichardThe EU-NATO relationship continues to develop at a time of significant change for both organizations. Post 9/11, NATO embarked on a fundamental transformation, recasting itself as an organization with global strategic reach and interest, focused less on Europe than ever before. At the same time, the EU is also becoming a more global political actor. Consequently, there is growing evidence that over time the EU will take the primary place in providing military security in Europe. This volume combines political and legal methods to provide a comprehensive analysis of the current and likely future relationship between the EU and NATO. The work will be of interest to all those interested in the development of these two major organizations and international security more generally, whether from a political or legal perspective.
EU Peacebuilding Missions: Developing Security in Post-conflict Nations (Palgrave Studies in Compromise after Conflict)
by Kieran DoyleThis book explores the EU's approach to peacebuilding and questions the EU global role as crisis manager and capacity builder. It highlights the significant contributions of the EU to civilian peacebuilding and also critically evaluates the activities of the EU Common Security and Defence Policy (CSDP) within their rule of law and human rights peacebuilding missions. It draws on the author's twenty years of experience working on CSDP and EU defence matters including his research on EU police missions in Africa and Middle East. It exposes emergent tension between peacebuilding in its neighbourhood and security issues. It examines the practice of EU peacebuilding including performance of its missions and how deployed personnel can professionalise their diplomatic (mediation, negotiation and dialogue facilitation) capacity to fully realise the potential of missions and exploit opportunities for expanding the vision of peace. It formulates convincing policy recommendations for the future planning of EU external relations in post conflict environments and offers valuable insights into how to connect with people and communities in the aftermath of conflict.