The EU after Lisbon
The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty’s reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union’s response to the challenges confronting it. In doing so, the volume first takes a horizontal approach to the Treaty’ revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU’s constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union’s primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union’s external dimension. ECJ Advocate General Paolo Mengozzi’s conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through. The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.
The Past and Future of EU Law
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
The Definition of Subsidy and State Aid
This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
On Law and Policy in the European Court of Justice
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EC Competition Law and Policy
This book provides a clear overview of the main issues in EC competition law and policy and an up to date text for students and practitioners with an interest in this subject. It is divided into three main parts, looking at the foundations of EC competition law, anti-competition agreements, abuse of dominant position, and the enforcement of EC competition law. The book focuses on the two main Treaty Articles which are concerned with competition law. It aims to provide a structured analysis of the main stages in the application of the EC Treaty rules on competition, assesses the contribution made by the Commission and Community judicature to the evolution of EC competition law, and provides an in-depth analysis of recent developments, in particular the moves towards decentralisation in the field of vertical restraints and in enforcement.
The Yearbook of European Environmental Law
Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable annual surveys are specifically designed to provide easy access to the very latest developments in EU environmental law.
The Theory of Economic Integration Routledge Revivals
First published in 1962, The Theory of Economic Integration provides an excellent exposition of a complex and far-reaching topic. Professor Balassa has been remarkably successful in covering so much ground with such care and balance, in a treatment which is neither in any way abstruse nor unnecessarily technical. His book will interest economists in Europe by reason of its subject and treatment, but it is also a valuable and reliable textbook for students tackling integration as part of a course of International Economics and for those studying Public Finance. He distinguishes between the various forms of integration (free trade area, customs union, common market, economics union, and total integration). In addition, he applies the theoretical principles to current projects such as the European Common Market and Free Trade Area, and to Latin American integration projects. In offering this theoretical study, the author builds on the conclusions of other writers, but goes beyond this in providing a unifying framework for previous contributions and in exploring questions that in the past received little attention – in particular, the relationship between economic integration and growth (especially the interrelationship between market size and growth, and the implications of various factors for economic growth in an integrated area).
Constitutional Pluralism in the European Union and Beyond
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Globalization and Its Discontents
In this hugely controversial book, the most recent winner of the Nobel Prize for Economics argues that though globalization should be a powerful force for good, it has been badly mishandled by the West (especially its lead institutions, the World Bank and the IMF), and that the anti-globalizing protestors have much to say that we should listen to. Coming from a figure of Stiglitz's background and authority, this is an explosive message which will change the way we regard modern global politics.
EU Law and Integration
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.