- Table View
- List View
The European Union as Protector and Promoter of Equality (European Union and its Neighbours in a Globalized World #1)
by Thomas GiegerichThis book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
The European Union as a Normative Power: The Role of the CJEU (Routledge Research in EU Law)
by Yuval ReinfeldExamining the role of the CJEU in shaping the European Union as a Normative power, this book explores the influence of the Court of Justice of the European Union on Normative Power Europe to evaluate the extent to which the CJEU’s actions consolidate normative foreign policy in third states. Combining perspectives from international relations and law, it explores the EU’s normative impact in the international arena, offering a multidimensional view which characterizes the power of the EU as a normative power while examining its role as a regulatory power alongside a historical review of the legal doctrinal development of the CJEU. Distilling the EU's uniqueness in the international arena and emphasizing that its fundamental strength lies in the technical normative power approach, the book argues that the genuine EU impact is emphasized in unique sectoral niches noting the EU’s dominance in terms of agriculture, environmental protection, privacy, and data protection or tech policies- a classic technical normative power that combines a legal basis and a value base.The book analyses several case studies which present the triangular relations between CJEU rulings, EU institutions, and third countries to identify both direct and indirect signs of a genuine normative effect. Taking an interdisciplinary approach, this book will be of interest to academics and students researching aspects of European law, international law, or international relations.
The European Union as an Area of Freedom, Security and Justice (Routledge Research in EU Law)
by Ester Herlin-Karnell Maria Fletcher Claudio MateraThis book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
The European Union in a Changing World Order: Interdisciplinary European Studies
by Lars Oxelheim Anna Michalski Antonina Bakardjieva Engelbrekt Niklas BrembergThis book explores how the European Union responds to the ongoing challenges to the liberal international order. These challenges arise both within the EU itself and beyond its borders, and put into question the values of free trade and liberal democracy. The book’s interdisciplinary approach brings together scholars from economics, law, and political science to provide a comprehensive analysis of how shifts in the international order affect the global position of the EU in dimensions such as foreign and security policy, trade, migration, populism, rule of law, and climate change. All chapters include policy recommendations which make the book particularly useful for decision makers and policy advisors, besides researchers and students, as well as for anyone interested in the future of the EU.
The European Union's Shaping of the International Legal Order
by Dimitry Kochenov Fabian AmtenbrinkThe European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of planes. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law.
The European Union, Emerging Global Business and Human Rights (Cambridge Studies in European Law and Policy)
by Aleydis Nissen
The European Union: A Polity of States and Peoples
by Walter van GervenThis book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind.
The European Union’s Trade Defence Modernisation Package: A Missed Opportunity at Reconciling Trade and Competition? (European Yearbook of International Economic Law #23)
by Patricia TrappAnti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself.Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers.However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.
The Europeanisation of Contract Law: Current Controversies in Law
by Christian Twigg-FlesnerCritical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.
The Europeanisation of International Family Law
by N. A. BaarsmaChoice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.
The Europeanization of Domestic Legislatures
by Thomas König Olivier Costa Sylvain BrouardIn ten years 80 per cent of the legislation related to economics, maybe also to taxes and social aff airs, will be of Community origin." This declaration has been largely quoted, paraphrased and deformed by different authors, creating a persistent myth according to which 80% of the legislative activity of the national legislatures would soon be reduced to the simple transposition of European norms". This book addresses the topic of the scope and impact of Europeanization on national legislation, as a part of the Europeanization debate which raises normative concerns linked to the "democratic deficit" debate. The state of the art shows that there are many assumptions and claims on how European integration may affect national legislation and, more generally, domestic governance but that there is a lack of solid and comparative data to test them. The aim of the book is to give a solid and comparative insight into Europeanization focusing on effective outcomes in a systematic way. This book analyzes the period 1986-2008 and includes an introduction, a global overview of European legislative activities which set the background for Europeanization of national legislatures, 9 country contributions (8 EU member states + Switzerland) including systematic, comparative and standardized data, tables and figures, and a conclusion with a comparative analysis of the European and domestic reasons for Europeanization. All national contributions conclude that Europeanization of national legislation is much more limited than assumed in the literature and public debate. It is limited to 10 to 30% of laws (depending on the country), far less than the 80% predicted by Jacques Delors and mentioned daily by medias and public opinion leaders to demonstrate EU domination on member states. Beside that general statement, the various chapters propose a deep insight on EU constraint over national legislation, providing much information on the kind of laws and policies that are Europeanized, the evolution of this process through time, the impact of Europeanization on the balance of powers and the relations between majority and opposition at national level, the strategies developed by national institutions in that context, and many other issues, making the book of interest to academics and policy-makers concerned with Europeanization and national legislation.
The Europeanization of National Administrations: Common Agricultural Policy in Denmark and Greece
by Sevasti ChatzopoulouDrawing on comparative politics and social network analysis, this book examines how the domestic institutional and organizational settings, as well as the network governance patterns, determine variation in administrative responses to EU’s Common Agricultural Policy (CAP) in two European Union (EU) member states, Denmark and Greece. These two small member states represent the North and South dimensions of the EU. The north-south dimension in relation to administrative structures, respond differently to EU common policies―and to Common Agricultural Policy, specifically―which has not been studied in the Europeanization literature. Even though, the study of administrative responses to EU common policies is important as it has been especially noticeable during the current financial crisis. Europeanisation studies concentrate on either large Western European states (France, Germany and UK) or small Western Northern states. These studies produced detailed knowledge on specific countries and policy areas but they ignored the agricultural policy area and the importance of small Southern member states. By comparing a small Southern with a small Northern state since the accession to the EU, this book aims to fill this gap in the literature. Moreover, by linking the findings of the two cases to the member states that joined the EU in the 2004 fifth enlargement, and in other policy areas, it allows a better understanding of similar responses, either adaptation or inertia."This book represents an important contribution to the theoretical and empirical literature on Europeanisation and the Common Agricultural Policy (CAP). It systematically tackles an under studied question: does Europeanisation of policies lead to administrative change and convergence among the member states? The domestic administration of the EU CAP has remained domestically designed and monitored, resulting in divergence among the member states and gaps and imbalances in the performance of EU CAP decisions. The CAP is of more general interest because it combines regulatory and market intervention policy instruments. The analysis proceeds through in depth comparative historical case studies of Denmark and Greece which uses a sophisticated combination of quantitative and qualitative methodologies. The authoritative and informative analysis is structured by a focus on three key domestic factors. There is differentiated administration of common policies and while administration succeeds and adapts in one state, it does not necessarily do so in others, leading to differences in implementation performance. This book should provide a stimulus for further research." ―Wyn Grant, University of WarwickThe last 40 years have been crucial for the European agriculture. The Common Agricultural Policy fulfilled its primary objective, which led Europeans to shift its objectives and cope with the shortcomings created by the success of the Policy itself―manage surpluses and narrow the gap between farmers, due to price mechanism―as well as, adapt the policy following the successive enlargements and follow the developments in the global economy, in which we live nowadays. Dr. Chatzopoulou gives us a very accurate image on how differently actors of the agricultural economy, farmers, cooperatives and the administrations both in Greece and Denmark, behave. But also, how different is the structure of the sector in these two countries: in Denmark, almost everything is based upon a consensus, where there does not exist a law on cooperatives, and where the administration and the sector work together to adapt or to influence the decisions to take at European level. On the other hand, in Greece, farmers struggle to make their voice heard in the absence of professional organizations, the cooperatives are bound to work in the framework of a specific and strict law and the administration was not shown very cooperative with the sector. These two realities are very well illustrated by the author and many lessons are to be learnt thr
The Eurozone Crisis
by Kaarlo Tuori Klaus TuoriTopical and timely, this book offers an economically informed constitutional analysis on European responses to the crisis. It discusses the longer-term proposals on the table including rescue measures and stability mechanisms, as well as the tightening of European economic governance. The authors see the European constitution as a multidimensional and multi-temporal process of constitutionalisation. They examine how the crisis has catapulted the economic constitution back to the 'pacemaker' position from where it determines developments in the political and social dimensions. However, now the key role is not played by the constitution of 'microeconomics', focusing on free movement and competition law, but the constitution of 'macroeconomics', introduced in Maastricht.
The Evaluation of Forensic DNA Evidence
by Committee on DNA Forensic Science: An UpdateIn 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic tool--modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticists--and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
The Evangelical Origins of the Living Constitution
by John W. ComptonThe New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.
The Event of the Good: Reading Levinas in a Levinasian Way
by Christopher Buckman; Melissa Bradley; Jack Marsh; James McLachlanCenters on the ethics of Emmanuel Levinas, aiming to understand this important thinker on his own terms.To read Levinas in a Levinasian way means to understand this important thinker on his own terms, thinking "ethics as first philosophy," without reducing his role to that of a contributor to some other discourse, such as phenomenology, deconstruction, or religious traditions other than his own. This volume offers a variety of interventions into how the priority of the ethical-as formulated by Emmanuel Levinas and seconded by Richard A. Cohen, one of his preeminent interpreters-reorients philosophy to its own questioning-indeed, to its very sense of itself as meaningful. In the decades since Levinas first emerged as a profound and critical voice, many have used his thought to illuminate a broad range of philosophical questions. Often this has occurred in ways that have deemphasized or altered what is arguably Levinas's most radical gesture: reframing philosophy, indeed reframing the meaning of meaning, via an ethical turn. To this end, the essays in this volume, drawing especially on Cohen's reading of Levinas, offer insights into how appropriations and assessments of his philosophy might become more in line with the urgency and full meaning of his notion of the ethical. Whether discussing ethics, aesthetics, politics, or Jewish thought, when taken together, they enhance our comprehension of ethics and Levinas's philosophy of responsibility.
The Every Student Succeeds Act: What It Means for Schools, Systems, and States (Educational Innovations Series)
by Frederick M. Hess and Max EdenIn this foundational book, Frederick M. Hess and Max Eden bring together a cross-section of respected academics and journalists to examine key aspects of the Every Student Succeeds Act (ESSA). This volume provides a thematic and in-depth analysis of the central provisions of this landmark legislation, presenting a range of perspectives. The contributors—leading researchers, policy analysts, and journalists—explore the conflicts and compromises that shaped the emerging law, outline its core provisions, and trace its implications for urban districts, states, and the federal government. Complementing these descriptions are chapters presenting opposing viewpoints on the law&’s merits and its ramifications for future reform efforts. Enacted in December 2015, ESSA represents a major shift of the federal role in education, and its provisions touch on almost every aspect of education policy. Yet it arrived in something of a whirlwind, and scholars, advocates, and policy makers are struggling to make sense of this new act. By bringing together leading thinkers to make sense of this important law, The Every Student Succeeds Act provides a solid foundation for scholars, advocates, and policy makers as they begin to navigate a new era in education policy.
The Everyday Makers of International Law: From Great Halls to Back Rooms (Cambridge Studies in International and Comparative Law)
by Tommaso SoaveThis book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.
The Everyday Stoic: Simple Rules for a Good Life
by William MulliganNavigate the obstacles of contemporary life and find happiness by following in the footsteps of the classical tradition of Stoicism in this empowering and accessible book written by the founder of the popular The Everyday Stoic account. William Mulligan, founder of The Everyday Stoic, transforms principles from ancient Stoic philosophy into a contemporary guide for overcoming the challenges of modern life and cultivating an unshakeable sense of inner calm, so that you too can live like a Stoic. Rediscover ancient wisdom and join the Stoic movement: From Marcus Aurelius to Seneca, the Stoics have a long and rich history. The Everyday Stoic draws on these timeless teachings and offers a chance to be part of a growing stoic community. Inside you'll discover how to: Cultivate Resilience: With practical tips and actionable advice, this is the perfect guide for anyone looking to gain resilience and overcome adversity, no matter what modern life throws their way. Follow Simple Rules for a Good Life: Explore key concepts such as confronting life's unpredictability and how thoughts create reality, which will empower you to not only be comfortable in the face of adversity but also to thrive. Boost Your Mental Health: Taking the lessons of Stoic Philosophy and applying them to your life can have positive effects on mental health, teaching you how to transform your mindset and shift how you perceive life's obstacles. Channel Ancient Greek and Ancient Roman thoughts and teachings in this accessible, life-transforming guide to making a better, calmer, and less stressed life.
The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration (The Everything Books)
by Douglas D WilsonEssential information for executors or trustees for wills and trusts!Being appointed the task of carrying out the terms of a will or trust is daunting, especially if it's your first time. The good news is you won't have to figure it out alone. Certified Trust and Financial Advisor Douglas D. Wilson takes the worry out of the process and provides information on important responsibilities that must be performed after a loved one dies. This all-in-one guide includes information on:Filing a will in courtHiring a lawyer or doing it yourselfNotifying beneficiariesFinding and managing the deceased's assetsPaying outstanding debts or taxesYou'll even find sample tax forms and step-by-step walk-throughs of what you'll need to know when overseeing asset distribution, terminating existing accounts, opening an estate bank account, and closing the estate. No matter your experience level, The Everything Executor and Trustee Book will be there to help you every step of the way!
The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career!
by Steven SchneiderThe Everything Guide to Being a Paralegal is the ideal handbook for new paralegals, professionals looking to further or reevaluate their careers, or those considering the profession.Tackling the concerns of real law professionals, chapters include:Paralegal Career OptionsParalegal Ethics and Professional ResponsibilityPre-Trial PreparationIndividual chapter attention to the top types of law practiceMore and more people are opting for a career as a paralegal-and this book is their pathway to success in this growing field!
The Everything Inventions And Patents Book
by Mary Russell Sarao Barbara Russell PittsThe Everything Inventions and Patents Book is your step-by-step guide to turning your bright idea into a lucrative enterprise. Authored by two successful inventors and businesswomen, this guide shows you how to make your brainchild profitable! With information on everything from protecting your idea, to learning whom you can trust, The Everything Inventions and Patents Book sets you on the right path toward turning your wildest dreams into tangible, patented reality!Includes vital tips on:Patent law Sales and marketingDeveloping your idea into a workable planFilling out a patent applicationGetting your invention off the ground floorThe Everything Inventions and Patents Book is the only resource you need for creating and protecting your idea, your investment, and your future.
The Everything Inventions And Patents Book: Turn Your Crazy Ideas into Money-making Machines!
by Barbara Russell PittsThe Everything Inventions and Patents Book is your step-by-step guide to turning your bright idea into a lucrative enterprise. Authored by two successful inventors and businesswomen, this guide shows you how to make your brainchild profitable! With information on everything from protecting your idea, to learning whom you can trust, The Everything Inventions and Patents Book sets you on the right path toward turning your wildest dreams into tangible, patented reality!Includes vital tips on:Patent law Sales and marketingDeveloping your idea into a workable planFilling out a patent applicationGetting your invention off the ground floorThe Everything Inventions and Patents Book is the only resource you need for creating and protecting your idea, your investment, and your future.
The Everything Wills & Estate Planning Book: Professional advice to safeguard your assests and provide security for your family
by Deborah S LaytonMost Americans donÆt have a will. They avoid estate planning because they donÆt want to think about death or they think itÆs too complicated. But this easy-to-follow guide takes the mystery out of the process. This book shows readers how easy it can be to plan for security and peace of mind. Readers learn how to write a will, create an estate plan, designate executors, choose trusts, reduce tax liabilities, and distribute their assets. Other features include:A glossary of legal termsAdvice for protecting families from creditorsGuidance for unmarried partnersThe important role of charitable giving in your estate planThis book provides sound advice for planning retirement and managing assets at any age and income level. It also includes completely new information on:Updated tax, IRA, and Roth detailsCharitable giving opportunities for reducing taxes and leaving a legacyInstruction for keeping plans up to date as the readers ageAn estate planning checklist
The Everything Wills and Estate Planning Book
by Deborah S LaytonMost Americans don't have a will. They avoid estate planning because they don't want to think about death or they think it's too complicated. But this easy-to-follow guide takes the mystery out of the process. This book shows readers how easy it can be to plan for security and peace of mind. Readers learn how to write a will, create an estate plan, designate executors, choose trusts, reduce tax liabilities, and distribute their assets. Other features include:A glossary of legal termsAdvice for protecting families from creditorsGuidance for unmarried partnersThe important role of charitable giving in your estate planThis book provides sound advice for planning retirement and managing assets at any age and income level. It also includes completely new information on:Updated tax, IRA, and Roth detailsCharitable giving opportunities for reducing taxes and leaving a legacyInstruction for keeping plans up to date as the readers ageAn estate planning checklist