[PDF] Beyond Minimum Harmonisation eBook

Author : Lorenzo Squintani
Publisher : Cambridge University Press
Page : 299 pages
File Size : 24,72 MB
Release : 2019-05-23
Category : Law
ISBN : 1108481000

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This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.

Author :
Publisher :
Page : pages
File Size : 30,14 MB
Release : 2017
Category :
ISBN : 9789279669644

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The study is part of the ongoing Fitness Check of EU consumer and marketing law, focusing on the Consumer Sales and Guarantees (CSG) Directive 1999/44/EC which is a minimum harmonisation Directive. The study assessed the costs and benefits of Member States going beyond the minimum rules laid down by the Directive, as well as the impacts of potential full harmonisation and alignment of EU rules for different sales channels (distance versus face-to-face sales channels). It specifically focused on four elements of the CSG Directive, namely, the two-year legal guarantee (longer in five Member States), notification obligation within a specific period (not applicable in seven Member States), the six-month period for the reversal of burden of proof (longer in three Member States) and a free choice of remedies (applicable in five Member States) as opposed to a hierarchy. The study finds strong benefits of alignment of the rules for face-to-face and distance sales. Impacts of harmonisation and alignment are likely to vary across Member States. Alignment of rules for face-to-face and distance channels and full harmonisation would have an overall positive impact on consumers and businesses in the Single Market.

Author : Phil Syrpis
Publisher : Cambridge University Press
Page : 387 pages
File Size : 44,76 MB
Release : 2012-05-03
Category : Law
ISBN : 1107010055

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Explores the dynamic relationship between courts and legislatures in the governance of the EU internal market.

Author : Gerda Falkner
Publisher : Cambridge University Press
Page : 428 pages
File Size : 19,30 MB
Release : 2005-05-26
Category : Law
ISBN : 9780521849944

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What does EU law truly mean for the member states? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) 'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function.

Author : Ludwig Krämer
Publisher :
Page : 0 pages
File Size : 31,61 MB
Release : 2016
Category : EU-ret
ISBN : 9780414056046

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EU ENVIRONMENTAL LAW provides a detailed insight into the subject by an author with 30 years' experience of working within the European Commission.

Author : Ernst Hirsch Ballin
Publisher : Springer Nature
Page : 192 pages
File Size : 23,23 MB
Release : 2020-01-02
Category : Political Science
ISBN : 3030328937

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This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.

Author : Marjan Peeters
Publisher : Edward Elgar Publishing
Page : 281 pages
File Size : 20,13 MB
Release : 2014-03-28
Category : Law
ISBN : 1781954771

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This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focussing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough

Author : Filip Dorssemont
Publisher : Bloomsbury Publishing
Page : 712 pages
File Size : 29,87 MB
Release : 2019-04-04
Category : Law
ISBN : 1509922679

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The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

Author : Josephine Steiner
Publisher : Oxford University Press, USA
Page : 862 pages
File Size : 36,27 MB
Release : 2012-08-30
Category : Law
ISBN : 0199641854

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'EU Law' covers both the institutions of the EU and the substantive law they produce. The new constitution is introduced, its aims and the reasons for its negotiation. Pedagogical features have been incorporated into this edition making the text easier to navigate

Author : Robyn Bartel
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 38,83 MB
Release : 2021-04-30
Category : Social Science
ISBN : 1788977203

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This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.