Bøger i Cambridge Studies in European Law and Policy serien

The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity of maintaining EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope for manoeuvre of the EU institutions on the international plane. In addition, it places the issue in its broader context of the relationship between international law and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.

The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.

The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.

This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.

Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

Urfan Khaliq analyses the theory and practice of the European Union's 'ethical foreign policy', arguing that current practices dilute the impact and efficacy of Union policies but that an effort which is at times effective is being made to protect certain values in the Union's international relations. Beginning with an investigation of the international rules authorising or obliging the Union/Community or the Member States to promote certain values in third countries or take action to protect them, Khaliq goes on to examine the limits under international law which constrain such policies. The issues are then assessed from a Union/Community law perspective, and the importance attached to ethical values and their relationship with other priorities and objectives is analysed in the context of relations with Myanmar, Nigeria, Pakistan, Israel and the Palestinian Authority. The European Community's humanitarian aid policy is also discussed.

An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.

There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.

This book examines the informal constitutional change - or transformation - of the European Union during the euro crisis and the interaction between political leaders and the European Court of Justice in its materialization. It is essential material for scholars or practitioners dealing with EU constitutional law and the single currency.

Highlights the differences between Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice, and argues that a more positive and promising European concept of justice is developing.

After World War Two, a new form of Europeanism emerged in legal history that gained momentum from European unification. This book explores the emergence of this new narrative as part of the process of exile from totalitarianism and its connection with the reestablishment of the European intellectual and political order.

This book explains the lack of dialogue between the Court of Justice of the European Union (CJEU) and Supreme Administrative Courts, and offers scenarios for fruitful co-actorship between them. Written for a broad audience of people interested in the interaction between the European Court of Justice and national courts.

This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. Squintani reveals the potential for improving the level and efficiency of environmental protection envisaged under the EU Treaties, making a valuable contribution to EU environmental law and policy.

Highlights the differences between Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice, and argues that a more positive and promising European concept of justice is developing.

Services are an ever-increasing part of our economy and thus of international trade. EU law and WTO law differ in the way they dismantle barriers to trade set up by states. This book offers an evaluation of the current legal status quo on transnational services provision on a global level.

This book focuses on European anti-corruption law and the politics of post-communist transformation, analysing the EU policy against corruption and the 2004 accession process and providing practical insights and policy recommendations.

This book discusses the practical implementation of a core element of European Union environmental legislation, the Directive on Integrated Pollution Prevention and Control. It discusses in depth how the key legal obligation on the Directive, to employ, is actually implemented at European Union level and in the UK and Germany.