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The Evolution of EU Law最新文献

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The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law Before National Courts 采煤工作面的沧桑:在国家法院执行联邦法的救济和程序
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0009
F. Episcopo
{"title":"The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law Before National Courts","authors":"F. Episcopo","doi":"10.1093/oso/9780192846556.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0009","url":null,"abstract":"The chapter discusses the evolution of European law concerning national remedies and procedures involved in enforcing EU rights and obligations, combining an exposition of the case law with a critical discussion of the mainstream scholarship. EU law on national remedies is traditionally embodied in the equivalence-effectiveness test, whose jurisprudence is systematized into three periods of varying scrutiny. After the Lisbon Treaty, it is pictured as increasingly based on the principle of effective judicial protection, Articles 19 TEU and 47 EUCFR, suggesting a possible ‘human-rights-oriented twist’ in the field. Adopting a critical stand, the chapter shows how the traditional systematization misses additional strands of cases and facets to the Rewe-effectiveness, while the substantial implications of the latest trends are still under development.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127938629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Competition Law: Convergence Through Law and Networks 竞争法:通过法律和网络实现融合
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0026
I. Maher
{"title":"Competition Law: Convergence Through Law and Networks","authors":"I. Maher","doi":"10.1093/oso/9780192846556.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0026","url":null,"abstract":"\u0000 Competition Law: Convergence through Law and Networks uses an evolutionary lens to explore how the EU competition law regime is undergoing change again with the introduction of the ECN+ Directive (2019/1) and the Damages Directive (2014/104). Modernization through Regulation 1/2003 was revolutionary. Alongside the move to a more economics-based approach by the Commission, enforcement was delegated to National Competition Authorities, releasing Commission time and resources to focus on much bigger and economically significant cases. This chapter examines how the European Competition Network is an important governance tool in developing coherence, convergence, and mutual cooperation and how the limitations of minimal procedural convergence led to the pendulum of evolution swinging back again towards the EU with the Damages and ECN+ Directive.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"851 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116178056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Free Movement of Persons and Services 人员和服务的自由流动
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.4324/9781843145288-15
Síofra O’leary, S. I. Sánchez
{"title":"Free Movement of Persons and Services","authors":"Síofra O’leary, S. I. Sánchez","doi":"10.4324/9781843145288-15","DOIUrl":"https://doi.org/10.4324/9781843145288-15","url":null,"abstract":"This chapter maps the most relevant aspects of the evolution of the free movement of persons and services through the analysis of the main legislative and judicial developments in both fields. After looking at the salient legislative transformations in the last decades and the effects of codification—mostly through Directives 2004/38 and 2006/123—the chapter explores the parameters that delimit the three different freedoms concerned—workers, establishment, and services. A reassessment of the place and scope of the provisions on the free movement of persons is then offered through a critical examination of the interrelationship between the regulatory framework and case law concerning the free movement of persons, the status of Union citizenship, and developments in the distinct but related Area of Freedom, Security and Justice.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130667188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial Reform and the European Court: Not a Numbers Game 司法改革与欧洲法院:不是数字游戏
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0006
K. Bradley
{"title":"Judicial Reform and the European Court: Not a Numbers Game","authors":"K. Bradley","doi":"10.1093/oso/9780192846556.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0006","url":null,"abstract":"\u0000 Judicial Reform and the European Court: Not a Numbers Game examines the reforms, and major proposals for reform, of the European Union court. The most successful reforms have been initiated by the Court of Justice itself, concerned about its burgeoning workload, and have comprised either increasing the number of judges, or establishing a new judicial body competent at first instance for direct actions. The latter approach led first to the setting up of the General Court, and subsequently a specialized court. The Court has now changed tack, and the number of General Court judges has been doubled. To address the rising volume of preliminary ruling requests, an ‘EU Appeals’ procedure is proposed, allowing the Court of Justice largely to control its own workload. It would be a radical change, designed to break the mould before the mould breaks the system.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123215003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
(Br)Exit From the European Union—Control, Autonomy, and the Evolution of EU Law (Br)退出欧盟:控制、自治与欧盟法的演变
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0013
Kenneth A. Armstrong
{"title":"(Br)Exit From the European Union—Control, Autonomy, and the Evolution of EU Law","authors":"Kenneth A. Armstrong","doi":"10.1093/oso/9780192846556.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0013","url":null,"abstract":"(Br)Exit from the European Union offers a novel interpretation of the United Kingdom’s withdrawal from the European Union (EU). Rather than emphasizing the rupture and the exceptionalism of ‘Brexit’, this chapter argues that much can be understood about the evolution of EU law through the experience of the UK’s membership and eventual withdrawal from the EU. Section A evaluates whether the legal history of its membership—its encounter with EU rule-making and adjudication—can explain the UK’s preference for a ‘differentiated membership’ of the EU and eventual demands for control over its own laws. Section B focuses on the Article 50 TEU withdrawal process. It underscores that compliance with ‘constitutional requirements’ throughout the Article 50 process evidences co-evolution of the EU and domestic constitutional and legal orders even up to the moment of withdrawal. Section C projects forward to the evolving future relationship. It suggests that as the UK asserts its sovereignty outside of EU legal and institutional disciplines, the EU wants protection for its own autonomy.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129499334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal and Constitutional Theory of the European Union 欧盟的法律和宪法理论
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0004
Neil Walker
{"title":"Legal and Constitutional Theory of the European Union","authors":"Neil Walker","doi":"10.1093/oso/9780192846556.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0004","url":null,"abstract":"The chapter’s overview of the constitutional theory and general legal theory of the EU reflects two different manifestations of the still limited cultivation of theory within EU law. The discussion of the relatively crowded field of EU constitutional theory, both explanatory and normative, reveals the abiding importance of the relationship of different positions (affirmative and critical) to the received state tradition of constitutional practice and theory as a distinguishing mark and point of opposition. The discussion of the wider contribution of legal theory to the study of EU legal doctrine more generally is more developmental. While acknowledging work that is explicit and systematic in its theorization, it is mainly concerned with how this more sparsely populated intellectual landscape might be filled by teasing out the fuller theoretical significance of the quite different background suppositions—positivist, idealist, culturalist, and pragmatic—of how law works that ground EU legal studies.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122713309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Integration, Democracy, and Legitimacy 融合、民主和合法性
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0002
P. Craig
{"title":"Integration, Democracy, and Legitimacy","authors":"P. Craig","doi":"10.1093/oso/9780192846556.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0002","url":null,"abstract":"The first half of the chapter addresses the rich literature concerning the rationale for EU integration. The objective is to render accessible to lawyers, scholarship from international relations and political science that has explored the dynamic of EU integration. It is also designed to reveal the implications of particular theories for EU democracy. The focus in the second half of the chapter shifts to democracy itself, and analysis of the burgeoning literature concerned with the nature of EU democracy, the extent to which the EU suffers from a democratic deficit, and the ways in which it can be alleviated. There is a significant measure of agreement as to the problematic features within the EU from a democratic perspective. The scholarly divergence turns on differences as to the importance of different factors in assessing EU democracy, which leads to differences of view on aspects of the democratic deficit critique. The discussion will draw on insights from integration theory where relevant to the inquiry.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114514046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Institutions, Power, and Institutional Balance 制度、权力和制度平衡
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0003
P. Craig
{"title":"Institutions, Power, and Institutional Balance","authors":"P. Craig","doi":"10.1093/oso/9780192846556.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0003","url":null,"abstract":"Institutional balance, as opposed to strict separation of powers, characterized the disposition of legislative and executive power in the EEC from the outset. The chapter is divided into four temporal periods. The initial period runs between the Rome Treaty and the Single European Act 1986 (SEA). The discussion begins with the initial disposition of institutional power in the Rome Treaty, and charts the way in which this shifted during the first thirty years. The second section covers the period between the SEA and the Nice Treaty, in which there was growing consensus in normative terms as to the appropriate disposition of primary legislative power, but continuing contestation as to power over secondary rule-making and the locus of executive authority. These tensions were readily apparent in the third period, which covers the Constitutional Treaty and the Lisbon Treaty. The fourth period runs from the advent of the Lisbon Treaty to the present. The EU has been beset by a series of crises, which had implications for the powers of the respective EU institutions and the institutional balance between them.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134302060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Economic and Monetary Union: Evolution and Conflict 经济与货币联盟:演变与冲突
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0022
Alicia Hinarejos
{"title":"Economic and Monetary Union: Evolution and Conflict","authors":"Alicia Hinarejos","doi":"10.1093/oso/9780192846556.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0022","url":null,"abstract":"‘Economic and Monetary Union: Evolution and Conflict’ provides a critical account of the evolution of the European Union’s Economic and Monetary Union (EMU), with a special focus on changes and reforms adopted since the euro area crisis. The chapter provides an overview and analysis of, first, the history and principles underlying the original EMU; second, the most important reforms adopted in order to address the euro area sovereign debt crisis; and third, the ongoing questions in the debate. The chapter will conclude by discussing the ways in which the basic principles and assumptions underlying the original EMU have had to evolve, and the fundamental disagreements that underpin the current debate on the future of EMU.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128804784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Rule of Law 法治
The Evolution of EU Law Pub Date : 2021-08-30 DOI: 10.1093/oso/9780192846556.003.0010
Laurent Pech
{"title":"The Rule of Law","authors":"Laurent Pech","doi":"10.1093/oso/9780192846556.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780192846556.003.0010","url":null,"abstract":"The history of the rule of law in the EU Treaty framework has been one of gradual but extensive process of entrenchment and formal enshrinement. When comparing the evolution of the Treaty framework to the evolution of the EU’s rule of law toolbox, it is difficult not to be struck by the contrast between the gradual evolution of the former with the rapid development of the latter. This swift development of the EU’s rule of law toolbox may be understood both in a positive and negative way: it may be positively understood as the sign of a broad consensus regarding the critical importance to uphold the rule of law. Conversely, this evolution may be understood as a failure to fully confront the ‘rule of law backsliding’ threat by instead focusing in a quasi-permanent new instrument creation cycle at the EU level.","PeriodicalId":378313,"journal":{"name":"The Evolution of EU Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117041296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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