Researching The European Court Of Justice

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The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

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Genre : Law
Author : Mikael Rask Madsen
Publisher : Cambridge University Press
Release : 2022-05-26
File : 389 Pages
ISBN-13 : 9781316511299


The European Court Of Justice And The Policy Process

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This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.

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Genre : Law
Author : Susanne K. Schmidt
Publisher : Oxford University Press
Release : 2018
File : 311 Pages
ISBN-13 : 9780198717775


Research Handbook On Eu Law And Human Rights

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The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

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Genre : Law
Author : Sionaidh Douglas-Scott
Publisher : Edward Elgar Publishing
Release : 2017-07-21
File : 585 Pages
ISBN-13 : 9781782546405


Research Handbook On General Principles In Eu Law

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This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

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Genre : Political Science
Author : Ziegler, Katja S.
Publisher : Edward Elgar Publishing
Release : 2022-04-22
File : 656 Pages
ISBN-13 : 9781784712389


Research Methodologies In Eu And International Law

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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

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Genre : Law
Author : Tamara Hervey
Publisher : Bloomsbury Publishing
Release : 2011-04-11
File : 152 Pages
ISBN-13 : 9781847316417


Labour Law In The Courts

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Genre : International and municipal law
Author : Silvana Sciarra
Publisher :
Release : 2001
File : 316 Pages
ISBN-13 : 1472562283


Research Handbook On Legal Pluralism And Eu Law

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The Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism.This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, legal theory and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts, will also find this stimulating reading.

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Genre : Law
Author : Gareth Trevor Davies
Publisher :
Release : 2018
File : 427 Pages
ISBN-13 : 1786433087


Working Papers

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Genre :
Author : European Parliament. Directorate General for Research
Publisher :
Release : 1994
File : 22 Pages
ISBN-13 : OCLC:45418485


Research Handbook On Eu Private International Law

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The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

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Author : Peter Stone
Publisher :
Release : 2017-05-26
File : 424 Pages
ISBN-13 : 1788111222


Research Handbook On European Social Security Law

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The Research Handbook on European Social Security Law critically examines the various European dimensions of social security. The collection discusses a wide range of questions and dilemmas ensuing from the present state of European social security law, whilst at the same time identifying future lines of inquiry that are likely to dominate the discourse in the coming years. This Handbook encompasses numerous dimensions of European social security law, including: social security as a human right; standard setting in social security; the protection of mobile persons and migrants; as well as the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. Throughout the book's chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Via this exploration, the Handbook provides a source of inspiration for the development of this special field of law. Covering a breadth of topic and research, scholars and practitioners alike will find this Research Handbook to be an invaluable source of information.

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Genre : Law
Author : Frans Pennings
Publisher : Edward Elgar Publishing
Release : 2015-10-30
File : 626 Pages
ISBN-13 : 9781782547334