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This book explores how foreign policy fits within the complex constitutional structure of the EU, providing both an analysis of the constitutional reality of EU foreign policy and a theoretical analysis suggesting possibilities for reform.
The EU includes human rights conditionality clauses in its international trade and cooperation agreements. This book analyses the construction of these clauses, their operation, and questions the extent to which the EU has the legislative power to include such clauses in its agreements.
This book examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The book analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights. The wider policy is then analysed in the context of key themes of European integration.
The EU's human rights policies are plagued by double standards: it applies radically different approaches in its external and internal operations. In this book, Andrew Williams reveals the nature and scope of this bifurcation and the resultant discrimination, and argues that the ironical condition revealed undermines both the EU's commitment to human rights and its moral credibility.
This book examines the relationship between law and public services. Prosser argues that there are important limits to the applicability of competition law in this context. He illustrates his theme by discussing the law in the UK, France and Italy, and at the EU level, and provides a case study considering public service broadcasting.
The Law Lords have attributed the supremacy of European Community law in Britain to Parliament's 'entirely voluntary' surrender of sovereignty. This study tells the parliamentary story of how sovereignty came to be lost. It charts the evolution of MPs' constitutional understandings of EC membership and the transformation from a constitution based on politics to one based on law.
The European Union principle of subsidiarity was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. This book analyzes these reforms and the reluctance to implement them, and argues that the principle will not be able to perform this protective role effectively.
A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis. Tackling the uncertain future of economic and fiscal integration, it focuses on the constitutional obstacles to integration and provides a compelling account of key dilemmas facing the European Union today.
How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.
This book offers the first in-depth analysis of a pressing issue in the European Union: ensuring democratic oversight and fundamental rights in light of a growing official secrets architecture embedded in security policies.
This book outlines how the expansion of EU power is taking place through law and policy, in public health and health care. How is EU law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?
A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.
Analysing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.
The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.
The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
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