André Nollkaemper
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644735
- eISBN:
- 9780191740695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644735.003.0006
- Subject:
- Law, EU Law, Public International Law
This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ...
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This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can, in particular circumstances and under particular conditions, ensure that states comply with their obligations under international and/or European law, both in individual cases and at a more structural level. The chapter is organized as follows. Sections 2 and 3 discuss the relative role of courts as agents of compliance and the key condition of independence of courts, respectively. Section 4 examines four key principles that govern the practice of national courts in terms of their compliance-effects: supremacy, direct effect, consistent interpretation, and liability. Section 5 explores the interaction between international and European law in so far as they relate to the practice of national courts. Finally, Section 6 draws some conclusions.Less
This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can, in particular circumstances and under particular conditions, ensure that states comply with their obligations under international and/or European law, both in individual cases and at a more structural level. The chapter is organized as follows. Sections 2 and 3 discuss the relative role of courts as agents of compliance and the key condition of independence of courts, respectively. Section 4 examines four key principles that govern the practice of national courts in terms of their compliance-effects: supremacy, direct effect, consistent interpretation, and liability. Section 5 explores the interaction between international and European law in so far as they relate to the practice of national courts. Finally, Section 6 draws some conclusions.
Noreen Burrows
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199299003
- eISBN:
- 9780191715037
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299003.003.0008
- Subject:
- Law, EU Law
This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate ...
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This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate General. It addresses questions such as: How did the Advocate General approach the case? What kind of thinking influenced him? Is it clear from the Opinions that the Advocates General understood the constitutional significance of the questions before the Court? Topics discussed include origins of the constitutional principle, direct effect of directives, and horizontal effect of directives.Less
This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate General. It addresses questions such as: How did the Advocate General approach the case? What kind of thinking influenced him? Is it clear from the Opinions that the Advocates General understood the constitutional significance of the questions before the Court? Topics discussed include origins of the constitutional principle, direct effect of directives, and horizontal effect of directives.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0002
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental ...
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This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental questions are: who can invoke directives, under what conditions, and against whom? The chapter examines the extent to which the principle of consistent interpretation offers added value for the purposes of enforcement of environmental directives. It then shifts the focus to the extent to which national courts and authorities are under a Community obligation to ensure effective implementation and application of environmental law.Less
This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental questions are: who can invoke directives, under what conditions, and against whom? The chapter examines the extent to which the principle of consistent interpretation offers added value for the purposes of enforcement of environmental directives. It then shifts the focus to the extent to which national courts and authorities are under a Community obligation to ensure effective implementation and application of environmental law.
Thomas Vandamme
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199232468
- eISBN:
- 9780191716027
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232468.003.0012
- Subject:
- Law, EU Law
This chapter attempts to add a further dimension to the theme of discretion by expanding from application and enforcement of EU law to its transposition into national legislation. It focuses on two ...
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This chapter attempts to add a further dimension to the theme of discretion by expanding from application and enforcement of EU law to its transposition into national legislation. It focuses on two types of discretion: democracy discretion and direct effect discretion. The chapter explores whether these perceptions of discretion are indeed interrelated and, whether convergence between them is conceivable.Less
This chapter attempts to add a further dimension to the theme of discretion by expanding from application and enforcement of EU law to its transposition into national legislation. It focuses on two types of discretion: democracy discretion and direct effect discretion. The chapter explores whether these perceptions of discretion are indeed interrelated and, whether convergence between them is conceivable.
Steffen Hindelang
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199572656
- eISBN:
- 9780191705540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572656.003.0006
- Subject:
- Law, EU Law
This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the ...
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This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the courts of the Member States. The group of addressees, however, also extends to the Community itself and, under certain conditions, to private persons.Less
This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the courts of the Member States. The group of addressees, however, also extends to the Community itself and, under certain conditions, to private persons.
Enrique F. Schisterman and Robert W. Platt
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195387902
- eISBN:
- 9780199895328
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387902.003.0082
- Subject:
- Public Health and Epidemiology, Epidemiology
Does smoking cause neonatal mortality? Understanding causation is essential to inform the creation of effective interventions aimed at improving human health. Causal diagrams in the form of directed ...
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Does smoking cause neonatal mortality? Understanding causation is essential to inform the creation of effective interventions aimed at improving human health. Causal diagrams in the form of directed acyclic graphs (DAGs) have changed the way we approach causal inference. This chapter provides an overview of causal thinking and the use of DAGs in helping to design etiologically-oriented epidemiologic research. It introduces the theory of DAGs, and adjustment for variables when estimating total effects, and when estimating direct and indirect effects is discussed. The “birth weight paradox” is used to illustrate the relevancy of causal analysis to reproductive and perinatal epidemiology. DAGs are used to help estimate different effects, to explain why z-scores remove the crossing of curves, and to help define overadjustment. DAGs provide a tool to aid in formulation of a research question and its accompanying analytic plan, and hence help ensure that the intended question is answered and the science interpreted within a formalized causal paradigm.Less
Does smoking cause neonatal mortality? Understanding causation is essential to inform the creation of effective interventions aimed at improving human health. Causal diagrams in the form of directed acyclic graphs (DAGs) have changed the way we approach causal inference. This chapter provides an overview of causal thinking and the use of DAGs in helping to design etiologically-oriented epidemiologic research. It introduces the theory of DAGs, and adjustment for variables when estimating total effects, and when estimating direct and indirect effects is discussed. The “birth weight paradox” is used to illustrate the relevancy of causal analysis to reproductive and perinatal epidemiology. DAGs are used to help estimate different effects, to explain why z-scores remove the crossing of curves, and to help define overadjustment. DAGs provide a tool to aid in formulation of a research question and its accompanying analytic plan, and hence help ensure that the intended question is answered and the science interpreted within a formalized causal paradigm.
Angelos Dimopoulos
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199698608
- eISBN:
- 9780191732140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698608.003.0007
- Subject:
- Law, EU Law, Competition Law
Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation ...
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Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation of foreign investment by the EU, focusing on the Union law obligation to comply and perform EU IIAs. Chapter 6 looks also extensively into the scope and application of the Union law obligation to respect the primacy and autonomy of Union law in the field of foreign investment regulation. It examines the compatibility of EU IIAs and, more importantly, of Member States BITs with EU law, it identifies the violations of Union law and assesses the suggested proposals for their remedy. This chapter considers also the enforceability of these Union law obligations, focusing on the scope of judicial review of EU and Member States actions in light of EU IIAs and the creation of individual rights.Less
Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation of foreign investment by the EU, focusing on the Union law obligation to comply and perform EU IIAs. Chapter 6 looks also extensively into the scope and application of the Union law obligation to respect the primacy and autonomy of Union law in the field of foreign investment regulation. It examines the compatibility of EU IIAs and, more importantly, of Member States BITs with EU law, it identifies the violations of Union law and assesses the suggested proposals for their remedy. This chapter considers also the enforceability of these Union law obligations, focusing on the scope of judicial review of EU and Member States actions in light of EU IIAs and the creation of individual rights.
Angela Ward
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199206865
- eISBN:
- 9780191695667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206865.003.0002
- Subject:
- Law, Constitutional and Administrative Law
The chapter elaborates the means by which private parties can ask for a judicial enforcement regarding a set of legal instruments used in the EU Law. These instruments are interconnected with various ...
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The chapter elaborates the means by which private parties can ask for a judicial enforcement regarding a set of legal instruments used in the EU Law. These instruments are interconnected with various principles. When problems regarding the interpretation of the law arise, the chapter discusses the seven sources upon which private parties may consult their national courts to seek remedies. Directives have been one of the most used legal instruments in such cases. Even though the concept of direct effect remains one of the distinguishing features in case law, there are instances where the European Court of Justice can disregard such a concept.Less
The chapter elaborates the means by which private parties can ask for a judicial enforcement regarding a set of legal instruments used in the EU Law. These instruments are interconnected with various principles. When problems regarding the interpretation of the law arise, the chapter discusses the seven sources upon which private parties may consult their national courts to seek remedies. Directives have been one of the most used legal instruments in such cases. Even though the concept of direct effect remains one of the distinguishing features in case law, there are instances where the European Court of Justice can disregard such a concept.
Geert De Baere
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546688
- eISBN:
- 9780191719998
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546688.003.0007
- Subject:
- Law, EU Law
This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the ...
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This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.Less
This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.
Sacha Prechal
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199226221
- eISBN:
- 9780191696206
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226221.003.0003
- Subject:
- Law, EU Law
This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles ...
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This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles developed under the First pillar to the Third pillar (PJC) resulting in a rapprochement between EC and non-Community EU law. This comes together in a detailed discussion of the case of Pupino, a decision under the Third pillar, where the Court ruled that the doctrine of consistent interpretation applies equally to Framework Decisions but is limited by general principles of law and fundamental rights.Less
This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles developed under the First pillar to the Third pillar (PJC) resulting in a rapprochement between EC and non-Community EU law. This comes together in a detailed discussion of the case of Pupino, a decision under the Third pillar, where the Court ruled that the doctrine of consistent interpretation applies equally to Framework Decisions but is limited by general principles of law and fundamental rights.
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.003.0002
- Subject:
- Law, EU Law, Human Rights and Immigration
The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since ...
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The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since these have special significance in the field of anti-discrimination law. It examines the strategies used, and still being developed by the CJEU, to mitigate the lack of horizontal direct effect of directives. It also analyses the notion of procedural autonomy.Less
The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since these have special significance in the field of anti-discrimination law. It examines the strategies used, and still being developed by the CJEU, to mitigate the lack of horizontal direct effect of directives. It also analyses the notion of procedural autonomy.
Deborah Dudgeon
- Published in print:
- 2005
- Published Online:
- November 2011
- ISBN:
- 9780198530039
- eISBN:
- 9780191730450
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198530039.003.0005
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology
Dyspnoea is a common symptom in patients with cancer, but it is often overlooked. Breathlessness can significantly increase morbidity in patients with advanced diseases. Dyspnoea is chronic with ...
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Dyspnoea is a common symptom in patients with cancer, but it is often overlooked. Breathlessness can significantly increase morbidity in patients with advanced diseases. Dyspnoea is chronic with cancer patients experiencing heightened shortness of breath, which is usually accompanied by fear, panic, anxiety, and a sensation of impending death. Generally, discomfort in breathing is aggravated by emotions and activities, resulting in a reduction in the activities of patients in order to cope with the symptom. In addition, dyspnoea also affects the mood, relationships, and outlook of the patient towards life. Patients experiencing shortness of breath often exhibit a reduced will to live. This chapter discusses the epidemiology, pathophysiology, and syndromes of breathlessness prevalent in patients with advanced cancer. Determination of these factors is crucial in the development of management methods for this symptom. In this chapter, the four common causes of dyspnoea in cancer patients are examined. These are: direct tumour effects (pleural effusion, pericardial effusion, super vena cava syndrome), indirect tumour effects (muscle weakness, pulmonary eboli, infection), treatment-related effects (surgery, radiation therapy, systematic therapy), and problems unrelated to cancer (pre-existing diseases such as COPD, asthma, chest-wall deformity, obesity).Less
Dyspnoea is a common symptom in patients with cancer, but it is often overlooked. Breathlessness can significantly increase morbidity in patients with advanced diseases. Dyspnoea is chronic with cancer patients experiencing heightened shortness of breath, which is usually accompanied by fear, panic, anxiety, and a sensation of impending death. Generally, discomfort in breathing is aggravated by emotions and activities, resulting in a reduction in the activities of patients in order to cope with the symptom. In addition, dyspnoea also affects the mood, relationships, and outlook of the patient towards life. Patients experiencing shortness of breath often exhibit a reduced will to live. This chapter discusses the epidemiology, pathophysiology, and syndromes of breathlessness prevalent in patients with advanced cancer. Determination of these factors is crucial in the development of management methods for this symptom. In this chapter, the four common causes of dyspnoea in cancer patients are examined. These are: direct tumour effects (pleural effusion, pericardial effusion, super vena cava syndrome), indirect tumour effects (muscle weakness, pulmonary eboli, infection), treatment-related effects (surgery, radiation therapy, systematic therapy), and problems unrelated to cancer (pre-existing diseases such as COPD, asthma, chest-wall deformity, obesity).
Bruce Walsh and Michael Lynch
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198830870
- eISBN:
- 9780191868986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198830870.003.0022
- Subject:
- Biology, Evolutionary Biology / Genetics, Biochemistry / Molecular Biology
The phenotypes of those individuals with which an focal individual interacts often influences the trait value in the focal individual. Maternal effects is a classic example of this phenomena, as is ...
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The phenotypes of those individuals with which an focal individual interacts often influences the trait value in the focal individual. Maternal effects is a classic example of this phenomena, as is fitness. If these traits are heritable, then the selection response depends on both the change in the direct effects influencing a target trait and the associative effects contributed by interacting individuals. In such a setting, the breeder's equation no longer holds, as the problem is now a multiple trait one. This chapter examines the theory of response under models with both direct and associative effects, which can lead to a reversed response (a trait selected to increase instead decreases). The evolution of behavioral traits, including the evolution of altruism, is best handled using this approach. Further, kin and group selection follow as special cases of the gerenal model under multilevel selection. This chapter also examines how mixed models can be used estimate model parameters.Less
The phenotypes of those individuals with which an focal individual interacts often influences the trait value in the focal individual. Maternal effects is a classic example of this phenomena, as is fitness. If these traits are heritable, then the selection response depends on both the change in the direct effects influencing a target trait and the associative effects contributed by interacting individuals. In such a setting, the breeder's equation no longer holds, as the problem is now a multiple trait one. This chapter examines the theory of response under models with both direct and associative effects, which can lead to a reversed response (a trait selected to increase instead decreases). The evolution of behavioral traits, including the evolution of altruism, is best handled using this approach. Further, kin and group selection follow as special cases of the gerenal model under multilevel selection. This chapter also examines how mixed models can be used estimate model parameters.
Angela Ward
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199206865
- eISBN:
- 9780191695667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206865.003.0006
- Subject:
- Law, Constitutional and Administrative Law
The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct ...
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The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct effect, the formulation of several rules in EC law causes directives to have a significant effect in the national law of member states — Francovich liability, sympathetic interpretation, triangular situations, and a general right against an effective remedy. The chapter argues that although there seems to be a similar treatment among community institutions and member states, in the rules on sanctions, there are significant differences between the two.Less
The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct effect, the formulation of several rules in EC law causes directives to have a significant effect in the national law of member states — Francovich liability, sympathetic interpretation, triangular situations, and a general right against an effective remedy. The chapter argues that although there seems to be a similar treatment among community institutions and member states, in the rules on sanctions, there are significant differences between the two.
Bert N. Uchino
- Published in print:
- 2004
- Published Online:
- October 2013
- ISBN:
- 9780300102185
- eISBN:
- 9780300127980
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300102185.003.0006
- Subject:
- Psychology, Health Psychology
This chapter presents a broader theoretical framework for how social support influences physical health. It specifies the pathways responsible for the links between social support and health by ...
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This chapter presents a broader theoretical framework for how social support influences physical health. It specifies the pathways responsible for the links between social support and health by integrating existing models with morbidity and mortality studies. It also discusses the retuned stress-related and direct effect models. These models can be used as conceptual guides for future research relevant to social support.Less
This chapter presents a broader theoretical framework for how social support influences physical health. It specifies the pathways responsible for the links between social support and health by integrating existing models with morbidity and mortality studies. It also discusses the retuned stress-related and direct effect models. These models can be used as conceptual guides for future research relevant to social support.
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.003.0010
- Subject:
- Law, EU Law, Human Rights and Immigration
This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of ...
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This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of the directive then proceed to analyse the scope of directive from the point of view of the persons and benefits it covers. The principle of equal treatment is discussed as is the direct effect of that principle and the consequences of direct effectiveness. A section is devoted to the exception to the principle of equal treatment, in particular the derogation in respect of pensionable ages and the consequence for other benefits.Less
This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of the directive then proceed to analyse the scope of directive from the point of view of the persons and benefits it covers. The principle of equal treatment is discussed as is the direct effect of that principle and the consequences of direct effectiveness. A section is devoted to the exception to the principle of equal treatment, in particular the derogation in respect of pensionable ages and the consequence for other benefits.
Paul Gragl
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198796268
- eISBN:
- 9780191837333
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198796268.003.0004
- Subject:
- Law, Public International Law, EU Law
The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this ...
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The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this part offers a precise analysis as to whether two or more distinct bodies of law blend into a unitary legal order or whether they evade such integration. Thus, it will assess the assumptions of the pure theory of law, and in particular those of legal monism, namely between national law and public international law; and between national law and European Union law. The objective of this assessment is to show whether monism is in fact capable of describing the legal reality as well as or even better than dualism or pluralism.Less
The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this part offers a precise analysis as to whether two or more distinct bodies of law blend into a unitary legal order or whether they evade such integration. Thus, it will assess the assumptions of the pure theory of law, and in particular those of legal monism, namely between national law and public international law; and between national law and European Union law. The objective of this assessment is to show whether monism is in fact capable of describing the legal reality as well as or even better than dualism or pluralism.
Marcus Klamert
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199683123
- eISBN:
- 9780191763182
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199683123.003.0003
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Chapter 3 explains how loyalty has in general had a slow and delayed reception in the literature, and how this has only changed by the increased attention it has received in the fields of external ...
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Chapter 3 explains how loyalty has in general had a slow and delayed reception in the literature, and how this has only changed by the increased attention it has received in the fields of external relations in recent years. It also discusses how especially the dominant narratives on the constitutionalization of EU law have ignored the role loyalty has played in some of the most important foundational cases. Against this background, the case law on direct effect, indirect effect, state liability, and implied competences is re-examined for the role loyalty has played as an argument used by the Court of Justice to resolve various conflicts between national and Union law. This Chapter concludes by assessing whether there was an apparent strategy of the actors shaping the case law in the way loyalty has been used as a legal argument.Less
Chapter 3 explains how loyalty has in general had a slow and delayed reception in the literature, and how this has only changed by the increased attention it has received in the fields of external relations in recent years. It also discusses how especially the dominant narratives on the constitutionalization of EU law have ignored the role loyalty has played in some of the most important foundational cases. Against this background, the case law on direct effect, indirect effect, state liability, and implied competences is re-examined for the role loyalty has played as an argument used by the Court of Justice to resolve various conflicts between national and Union law. This Chapter concludes by assessing whether there was an apparent strategy of the actors shaping the case law in the way loyalty has been used as a legal argument.
Bert N. Uchino
- Published in print:
- 2004
- Published Online:
- October 2013
- ISBN:
- 9780300102185
- eISBN:
- 9780300127980
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300102185.003.0003
- Subject:
- Psychology, Health Psychology
This chapter discusses the main theoretical models linking social support to health outcomes. It discusses stress-related models of social support, which include the stress-prevention model and the ...
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This chapter discusses the main theoretical models linking social support to health outcomes. It discusses stress-related models of social support, which include the stress-prevention model and the stress-buffering model. The second set of models is the direct effect models, which predict that social support should be generally beneficial in a variety of social roles and ties.Less
This chapter discusses the main theoretical models linking social support to health outcomes. It discusses stress-related models of social support, which include the stress-prevention model and the stress-buffering model. The second set of models is the direct effect models, which predict that social support should be generally beneficial in a variety of social roles and ties.
Marcus Klamert
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199683123
- eISBN:
- 9780191763182
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199683123.003.0013
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This Chapter discusses the loyalty-based case law of the Court from a methodological perspective. It starts by exploring the key methods of interpretation employed by the Court, such as effet utile ...
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This Chapter discusses the loyalty-based case law of the Court from a methodological perspective. It starts by exploring the key methods of interpretation employed by the Court, such as effet utile in particular. Then, arguments made in defence of alleged judicial activism of the Court, such as ‘majoritarian activism’, the incomplete nature of EU law, and the concept of tolerance of error (Fehlerkalkül) are discussed. This is followed by an examination of objective criteria for assessing legal developments by the Court, such as gap-filling and principle-based reasoning. Moreover, this Chapter discusses the relation between loyalty and the principles of effectiveness and effet utile, illustrated by the case law on direct effect, exclusive competence, and state liability. Finally, the autopoiesis in the Court’s reasoning is probed by the examples of state liability and the Pupino case.Less
This Chapter discusses the loyalty-based case law of the Court from a methodological perspective. It starts by exploring the key methods of interpretation employed by the Court, such as effet utile in particular. Then, arguments made in defence of alleged judicial activism of the Court, such as ‘majoritarian activism’, the incomplete nature of EU law, and the concept of tolerance of error (Fehlerkalkül) are discussed. This is followed by an examination of objective criteria for assessing legal developments by the Court, such as gap-filling and principle-based reasoning. Moreover, this Chapter discusses the relation between loyalty and the principles of effectiveness and effet utile, illustrated by the case law on direct effect, exclusive competence, and state liability. Finally, the autopoiesis in the Court’s reasoning is probed by the examples of state liability and the Pupino case.
