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2.2.3. Rule of Law.
B. The Example of Belgium
Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and inst...
This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.
Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law.
Cutting through the jargon of EU politics, the third edition of this engaging and informative textbook examines the history, institutions, processes and politics of the European Union with unprecedented clarity. The EU is a fascinating political experiment in regional integration and it has changed our understanding of Europe, how Europeans relate to one another, the role Europe plays in global politics and has even shifted our understanding of politics itself. Helping to make sense of it all in the author's accessible style, this book is underpinned by theory and the latest research throughout. Organised in three main parts, the text covers everything from the history of the EU and its trea...
Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.
This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
This book provides an ambitious assessment of the increasing importance of case law in the field of the Area of Freedom, Security and Justice on the evolution of EU law. In recent years the Area of Freedom, Security and Justice (AFSJ) has occupied an increasingly prominent place in the working of the European Union and by extension the Court of Justice (CJEU). Over three parts the book looks at the framework of the AFSJ, its workings, and finally the impact of EU law upon it. The collection provides remarkable insights into the growing importance of the AFSJ and how EU law has evolved in light of this.
Regulation in the EU provides analysis of some of the core legal aspects of EU regulation. The book focuses on the use of new instruments and methods as alternatives or supplements to traditional forms of legislation, such as directives and regulations. It also provides an analysis of the use of alternative procedures for creating legislation in the EU and the use of impact assessment in the adoption of EU regulation. The book includes an analysis of the reform of legal instruments proposed in the Constitutional Treaty. This book will be of interest to scholars, students and practitioners seeking to understand the core legal aspects of EU regulation and indications of where EU regulation is moving in the future. The book is the result of cooperation between legal experts from the Aarhus School of Business, the University of Aarhus, the Royal Agricultural University, the University of Southern Denmark and the Danish Ministry of Foreign Affairs. The book is edited by Birgitte Egelund Olsen and Karsten Engsig Sorensen who are both professors at the Aarhus School of Business.