Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0002
- Subject:
- Political Science, European Union
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the ...
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The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.Less
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0004
- Subject:
- Political Science, European Union
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ...
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The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.Less
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0005
- Subject:
- Political Science, European Union
An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of ...
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An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of the Single European Act (SEA) of 1985, when the Member States formally recognized the EC's legislative authority in the field, and the strengthening of these competences in 1992 by the Treaty of European Union and in 1997 by the Treaty of Amsterdam. Partly owing to lack of Treaty basis, and partly because of factors to be discussed in this chapter, the influence of the legal system on the development of the EC's policy has not been as pervasive as it has been for the main categories of law and policy established under the original Rome Treaty. The first section, ‘The Policy Domain’ provides a brief overview of the evolution of environmental protection as a supranational field of governance. The second focuses on the attempts of the European Court of Justice (ECJ) to manage the relationship between freedom of trade (free movement of goods) and the EC's environmental policies, showing that this case law served to legitimize the EC's competences in the field before the SEA. The third section assesses the Court's interactions with the EC legislator and the Member States from the perspective of delegation theory, examining both what happens when the ECJ acts as a trustee of the Treaty, and when it functions as an agent of the legislator, i.e. when it is asked to resolve disputes about the meaning of provisions contained in EC statutes; no evidence was found that the ECJ regularly defers to the interests of powerful Member States, rather, it has pursued the ‘Community's interest’, broadly conceived, even when engaging in routine statutory interpretation.Less
An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of the Single European Act (SEA) of 1985, when the Member States formally recognized the EC's legislative authority in the field, and the strengthening of these competences in 1992 by the Treaty of European Union and in 1997 by the Treaty of Amsterdam. Partly owing to lack of Treaty basis, and partly because of factors to be discussed in this chapter, the influence of the legal system on the development of the EC's policy has not been as pervasive as it has been for the main categories of law and policy established under the original Rome Treaty. The first section, ‘The Policy Domain’ provides a brief overview of the evolution of environmental protection as a supranational field of governance. The second focuses on the attempts of the European Court of Justice (ECJ) to manage the relationship between freedom of trade (free movement of goods) and the EC's environmental policies, showing that this case law served to legitimize the EC's competences in the field before the SEA. The third section assesses the Court's interactions with the EC legislator and the Member States from the perspective of delegation theory, examining both what happens when the ECJ acts as a trustee of the Treaty, and when it functions as an agent of the legislator, i.e. when it is asked to resolve disputes about the meaning of provisions contained in EC statutes; no evidence was found that the ECJ regularly defers to the interests of powerful Member States, rather, it has pursued the ‘Community's interest’, broadly conceived, even when engaging in routine statutory interpretation.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.001.0001
- Subject:
- Political Science, European Union
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ...
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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ‘constitutionalize’ the Treaty of Rome. In this book, the author, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the European Union (EU) since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. The first chapter, ‘The European Court and Integration’, provides an introduction to the book. The second, written with Thomas Brunell, assesses the impact of Europe's unique legal system on the evolution of supranational governance. The following three chapters trace the outcomes in three policy domains: free movement of goods (written with Margaret McCown), sex equality (written with Rachel Cichowski), and environmental protection (written with Markus Gehring). There is also a concluding chapter. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily ‘Europeanized’.Less
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ‘constitutionalize’ the Treaty of Rome. In this book, the author, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the European Union (EU) since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. The first chapter, ‘The European Court and Integration’, provides an introduction to the book. The second, written with Thomas Brunell, assesses the impact of Europe's unique legal system on the evolution of supranational governance. The following three chapters trace the outcomes in three policy domains: free movement of goods (written with Margaret McCown), sex equality (written with Rachel Cichowski), and environmental protection (written with Markus Gehring). There is also a concluding chapter. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily ‘Europeanized’.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0003
- Subject:
- Political Science, European Union
The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ...
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The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about European integration. This chapter provides a more detailed sectoral account of how the adjudication of one class of trading disputes gradually, but authoritatively, undermined the intergovernmental aspects of the EC, while enhancing the polity's supranational, or federal, character. Assesses the impact of adjudicating the freer movement of goods provisions of the Treaty of Rome on integration and supranational governance, focusing on the problem of non‐tariff barriers, as governed by Arts. 28–30 (EC). Proceeds as follows: first, the treaty rules on intra‐EC trade are examined, hypotheses derived about how the domain could be expected to evolve, and the argument advanced is contrasted with alternatives; second, in a section ‘Judicial Governance and Market‐Building’, the emergence is tracked of the basic doctrinal framework (the Dassonville framework) governing the domain, an analysis made of the aggregate data on adjudication in the sector, and the impact traced of the European Court of Justice's case law on the decision‐making of other actors, including the European Commission and Member State governments; third, the mutation of the framework that occurred in the 1990s is discussed – an event that was heavily conditioned by the endogenous development of the law itself; the chapter concludes with an assessment of the findings in light of the pertinent scholarly debates about the impact of the European legal system on the greater course of market‐building and political integration.Less
The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about European integration. This chapter provides a more detailed sectoral account of how the adjudication of one class of trading disputes gradually, but authoritatively, undermined the intergovernmental aspects of the EC, while enhancing the polity's supranational, or federal, character. Assesses the impact of adjudicating the freer movement of goods provisions of the Treaty of Rome on integration and supranational governance, focusing on the problem of non‐tariff barriers, as governed by Arts. 28–30 (EC). Proceeds as follows: first, the treaty rules on intra‐EC trade are examined, hypotheses derived about how the domain could be expected to evolve, and the argument advanced is contrasted with alternatives; second, in a section ‘Judicial Governance and Market‐Building’, the emergence is tracked of the basic doctrinal framework (the Dassonville framework) governing the domain, an analysis made of the aggregate data on adjudication in the sector, and the impact traced of the European Court of Justice's case law on the decision‐making of other actors, including the European Commission and Member State governments; third, the mutation of the framework that occurred in the 1990s is discussed – an event that was heavily conditioned by the endogenous development of the law itself; the chapter concludes with an assessment of the findings in light of the pertinent scholarly debates about the impact of the European legal system on the greater course of market‐building and political integration.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0001
- Subject:
- Political Science, European Union
Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ...
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Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.Less
Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.
Shawn Donnelly
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579402
- eISBN:
- 9780191723087
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579402.003.0007
- Subject:
- Political Science, European Union, International Relations and Politics
This chapter reviews company directives, securities directives, and accounting directives before regime creation, showing their ad hoc nature and the lack of norms.
This chapter reviews company directives, securities directives, and accounting directives before regime creation, showing their ad hoc nature and the lack of norms.
Christopher Hodges
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199282555
- eISBN:
- 9780191700217
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282555.001.0001
- Subject:
- Law, EU Law
This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety ...
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This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. The book compares the various mechanisms relating to medicinal products, products covered by New Approach Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product ‘safety’, demonstrating the relativity of this concept. It highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. The book contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is a need for more or less control. The volume argues for more systematic collection of safety data, and for consistency in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.Less
This book examines the European Community legislation that regulates the safety of consumer products. The book surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. The book compares the various mechanisms relating to medicinal products, products covered by New Approach Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product ‘safety’, demonstrating the relativity of this concept. It highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. The book contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is a need for more or less control. The volume argues for more systematic collection of safety data, and for consistency in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0001
- Subject:
- Law, Philosophy of Law, EU Law
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the ...
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Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.Less
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.
Vera Lomazzi and Isabella Crespi
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781447317692
- eISBN:
- 9781447318057
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447317692.003.0001
- Subject:
- Sociology, Gender and Sexuality
The introductory chapter aims at presenting the most important aspects of the book exploring the European policy strategy for gender equality, known as gender mainstreaming.
The book focuses on the ...
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The introductory chapter aims at presenting the most important aspects of the book exploring the European policy strategy for gender equality, known as gender mainstreaming.
The book focuses on the historical and socioeconomic changes in Europe regarding gender mainstreaming strategy and gender equality as a concept, while previous contributions focused only on specific aspects (legislation, economy, and politics).Furthermore, the connection between the institutional level of policymaking and the local implementation of European laws in the field of gender equality is an innovative issue because that was not so often connected with the topic of the gender culture of European societies or with their individual opinions/attitudes on gender roles.
Lastly, the book explores innovative intersections between the fields of gender policies and survey research in order to investigate how GM policies affect regional gender cultures.
In this way the issue of gender mainstreaming is observed as an ‘evergreen’ topicin the context of the changing beliefs, social structure, economics and political configuration of the European Union from the beginning till now, and with some critical points to be addressed for the future (such as economic crises, migration and integration process).Less
The introductory chapter aims at presenting the most important aspects of the book exploring the European policy strategy for gender equality, known as gender mainstreaming.
The book focuses on the historical and socioeconomic changes in Europe regarding gender mainstreaming strategy and gender equality as a concept, while previous contributions focused only on specific aspects (legislation, economy, and politics).Furthermore, the connection between the institutional level of policymaking and the local implementation of European laws in the field of gender equality is an innovative issue because that was not so often connected with the topic of the gender culture of European societies or with their individual opinions/attitudes on gender roles.
Lastly, the book explores innovative intersections between the fields of gender policies and survey research in order to investigate how GM policies affect regional gender cultures.
In this way the issue of gender mainstreaming is observed as an ‘evergreen’ topicin the context of the changing beliefs, social structure, economics and political configuration of the European Union from the beginning till now, and with some critical points to be addressed for the future (such as economic crises, migration and integration process).
Dieter Grimm
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198805120
- eISBN:
- 9780191843754
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198805120.003.0008
- Subject:
- Law, EU Law
This chapter discusses the significance of national constitutions in a united Europe. It begins with an overview of the original aspirations of national constitutions in a united Europe, noting that ...
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This chapter discusses the significance of national constitutions in a united Europe. It begins with an overview of the original aspirations of national constitutions in a united Europe, noting that those aspirations were a product of the origins of constitutionalism. It then considers the rise of supranational sovereign power, along with the distinction between the EU’s legal foundation and a constitution. It also examines how national constitutions provide a filter for primary European law and influence European legislation; the European Court of Justice’s ruling regarding the supremacy of European law over national law in terms of application; the reservations of national constitutional courts concerning the supremacy of European law; and the interrelationship between the national and European judiciaries. The chapter concludes with an analysis of the role of the national constitution in the implementation of EU law.Less
This chapter discusses the significance of national constitutions in a united Europe. It begins with an overview of the original aspirations of national constitutions in a united Europe, noting that those aspirations were a product of the origins of constitutionalism. It then considers the rise of supranational sovereign power, along with the distinction between the EU’s legal foundation and a constitution. It also examines how national constitutions provide a filter for primary European law and influence European legislation; the European Court of Justice’s ruling regarding the supremacy of European law over national law in terms of application; the reservations of national constitutional courts concerning the supremacy of European law; and the interrelationship between the national and European judiciaries. The chapter concludes with an analysis of the role of the national constitution in the implementation of EU law.
Adrian Briggs
- Published in print:
- 2019
- Published Online:
- December 2019
- ISBN:
- 9780198838500
- eISBN:
- 9780191880520
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198838500.001.0001
- Subject:
- Law, Private International Law
This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as ...
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This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.Less
This book provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect this will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations; and the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. This new edition of the text organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of English private international law required it to be seen as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing—and probably for some time to come—the consequences of Brexit are a mystery, the attempt is made to describe the various possible shapes which the subject will assume in the future.
Matt Qvortrup
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780719082061
- eISBN:
- 9781781706084
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719082061.003.0006
- Subject:
- Political Science, Comparative Politics
Using the example of the European Union, the chapter analyses referendums on European Integration and finds that voters, by and large, are informed about the issues and that the outcomes of ...
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Using the example of the European Union, the chapter analyses referendums on European Integration and finds that voters, by and large, are informed about the issues and that the outcomes of referendums on the subject reflect the preferences of the votersLess
Using the example of the European Union, the chapter analyses referendums on European Integration and finds that voters, by and large, are informed about the issues and that the outcomes of referendums on the subject reflect the preferences of the voters
