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The European Union as Protector and Promoter of Equality (European Union and its Neighbours in a Globalized World #1)
by Thomas GiegerichThis book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
The European Union as Guardian of Internet Privacy
by Hielke HijmansThis book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
The European Union as an Area of Freedom, Security and Justice (Routledge Research in EU Law)
by Maria Fletcher Ester Herlin-Karnell Claudio MateraThis book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
The European Union as a Normative Power: The Role of the CJEU (Routledge Research in EU Law)
by Yuval ReinfeldExamining the role of the CJEU in shaping the European Union as a Normative power, this book explores the influence of the Court of Justice of the European Union on Normative Power Europe to evaluate the extent to which the CJEU’s actions consolidate normative foreign policy in third states. Combining perspectives from international relations and law, it explores the EU’s normative impact in the international arena, offering a multidimensional view which characterizes the power of the EU as a normative power while examining its role as a regulatory power alongside a historical review of the legal doctrinal development of the CJEU. Distilling the EU's uniqueness in the international arena and emphasizing that its fundamental strength lies in the technical normative power approach, the book argues that the genuine EU impact is emphasized in unique sectoral niches noting the EU’s dominance in terms of agriculture, environmental protection, privacy, and data protection or tech policies- a classic technical normative power that combines a legal basis and a value base.The book analyses several case studies which present the triangular relations between CJEU rulings, EU institutions, and third countries to identify both direct and indirect signs of a genuine normative effect. Taking an interdisciplinary approach, this book will be of interest to academics and students researching aspects of European law, international law, or international relations.
The European Union and the Technology Shift
by Antonina Bakardjieva Engelbrekt Karin Leijon Anna Michalski Lars OxelheimThis book explores the multiple challenges that the global technology shift is posing to the EU. It raises the question of how European societies will mobilize the positive effects of the rapid technological advancement in digitalization, robotization, and artificial intelligence, while mitigating the negative consequences in terms of job losses, cybercrime, and social and political polarization. From the vantage point of experts from economics, law, and political science, this book provides insights into the role that the EU is and ought to be playing in regulating global platform companies, addressing taxation in the digital economy, mitigating job displacements on the labour market, and tackling ethical concerns of artificial intelligence and the prospect of digital democracy. All chapters are based on up-to-date research findings, succinct assessment of the current state of affairs and ongoing debates. They conclude with policy recommendations for policy makers on European and national levels.‘This volume has a solid foundation in the highly topical question of technological change. More importantly, the individual chapters are written by qualified scholars whose analytically advanced contributions are likely to interest a wide audience. I can strongly recommend this book for scholars and students in political science, law, and economics.’ —Carl Fredrik Bergström, Professor of European Law, Uppsala University, Sweden ‘When the Commission took office in 2019, it put forward its vision as to how Europe’s digital future could be ‘shaped’ in a way that makes the digital transition enrich people’s lives and make sure that European businesses fully benefit from the opportunities offered by digital technologies. Then COVID drastically accelerated the take up of digital solutions. As the digital transformation affects every single one of us it is important that we have the widest possible debate on its inherent risks and opportunities. This is why I warmly recommend this book. It brings together an inter-disciplinary set of scholars able to analyse the multifaceted implications of the technological shift. And I could not agree more with the book’s main takeaway, i.e. that we need to create an adaptive regulatory framework capable of harnessing the positive effects of technological changes while buttressing the negative impact on European society and citizens.’ —Ambassador Kim Jørgensen, Head of Cabinet to Commissioner and Executive Vice-President Margrethe Vestager, European Commission
The European Union and the Return of the Nation State: Interdisciplinary European Studies
by Lars Oxelheim Anna Michalski Antonina Bakardjieva Engelbrekt Karin LeijonThis book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.
The European Union and the Culture Industries: Regulation and the Public Interest
by David WardThis edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.
The European Union and Multilateral Governance
by Jan Wouters Hans Bruyninckx Sudeshna Basu Simon SchunzAn interdisciplinary approach to the study of the EU in UN human rights and environmental governance which addresses the legal and political science dimensions. With contributions from academics and policy-makers, this volume is a comprehensive analysis of how the challenges it faces impact on the EU's position in UN fora.
The European Union and Member State Territories: A New Legal Framework Under the EU Treaties
by Fiona MurrayThe book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.
The European Union and International Investment Law Reform: Between Aspirations and Reality (Cambridge International Trade and Economic Law)
by Ivana DamjanovicIn order to understand the reform of international investment law envisioned by the EU, the author provides a comprehensive but concise analysis of the EU reform approaches, its constitutional and legal framework, the concepts of the rule of law and legitimacy, and the reasons for the reform. In particular, the book exposes tensions between the EU aspiration to enhance the rule of law in international investment law, as a means of legitimising this legal discipline, and the challenges of its reform approaches in practice. The analysis combines substantive and procedural aspects of the EU reform of international investment law in the intra-EU context and EU external relations. This book thus critically evaluates the EU vision of the rule of law in international law and its contribution to the development of international law in the field of investment.
The European Union and Global Environmental Protection: Transforming Influence into Action (Routledge Studies in Environmental Policy)
by Mar Campins EritjaThis book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
The European Union and Direct Taxation: A Solution for a Difficult Relationship
by Luca CerioniWithin the European Union, direct taxation is an area which often provokes controversy due to tensions between the tax sovereignty of the individual Member States and the desire for an integrated internal market. This book offers a critical review of the legislative and case-law developments in this area at the EU level, and reviews the European Commission’s proposed solutions in light of their concerns regarding the proper functioning of the EU’s internal market. Luca Cerioni set out a series of benchmarks determined from the objectives expressed by the European Commission, including: the elimination of double taxation and double non-taxation; the simplification of cross-border tax compliance; the reduction of abusive forum-shopping practices and general aggressive tax planning strategies; legal certainty for all businesses and individuals carrying on activities and receiving income in more than one EU Member State. Cerioni uses these benchmarks to ask which Directives and/or rulings have left legal uncertainty, and which have ended up creating or increasing the scope for aggressive tax planning. The book puts forward a comprehensive solution for a new optimal regime relating to tax residence, which would contribute to the EU project to the mutual benefit of Member States and taxpayers. As a thorough and critical discussion of EU tax rules in force, and of the European Court’s case law in direct taxation, this book will be of great use to academic researchers and students of EU law, tax practitioners, and policy-makers at the EU and national level.
The European Union and Customary International Law
by Fernando Lusa Bordin Th. Müller Andreas Francisco Pascual-VivesThe book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.
European Union Agencies as Global Actors: A Legal Study of the European Aviation Safety Agency, Frontex and Europol (Routledge Research in EU Law)
by Florin Coman-KundThis book examines a largely unexplored dimension of the European agencies, namely their role in EU external relations and on the international plane. International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of their international dimension, the nature and effects of their international cooperation instruments, their status within the EU and on the global level, and leading potentially to tensions between EU law and international law. This book fills the existing knowledge gap by scrutinizing the international cooperation legal framework and practice of EU agencies, including their mandate, tasks and instruments, together with their legal status as actors with a global dimension. It sets out a general legal-analytical framework which combines legal parameters from EU and international law to assess EU agencies as global actors, and examines in detail three case studies on carefully selected agencies to shed light on the complexities of EU agencies’ daily international cooperation.
The European Union after the Treaty of Lisbon
by Diamond Ashiagbor Nicola Countouris Ioannis LianosThis volume of essays casts light on the shape and future direction of the EU in the wake of the Lisbon Treaty and highlights the incomplete nature of the reforms. Contributors analyse some of the most innovative and most controversial aspects of the Treaty, such as the role and nature of the EU Charter of Fundamental Rights and the relationship between the EU and the European Court of Human Rights. In addition, they reflect on the ongoing economic and financial crisis in the Euro area, which has forced the EU Member States to re-open negotiations and update a number of aspects of the Lisbon 'settlement'. Together, the essays provide a variety of insights into some of the most crucial innovations introduced by the Lisbon Treaty and in the context of the adoption of the new European Financial Stability Mechanism.
The European Union after Lisbon
by Stelio Mangiameli Hermann-Josef BlankeThe book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.
The European Union: A Polity of States and Peoples
by Walter van GervenThis book provides a general introduction to the European Union (EU) as an ever closer union of states and peoples. It describes how, from its origin in 1958 as an economic community of six states, the EU has grown into a political entity of 25 states with a population of more than 450 million. It also explains the constitution-making process that is currently taking place—with a draft constitution now being submitted for ratification by the 25 member states. The book shows how the distinctive features of a democratic polity that characterize the separate EU member states are gradually replicated in the European Union and how the Union is on its way to becoming a democratic polity of its own kind. Van Gerven writes from a legal perspective, with an eye to political theory and recent American and European history, and with a diverse readership from both sides of the Atlantic in mind.
The European Unfair Commercial Practices Directive: Impact, Enforcement Strategies and National Legal Systems (Markets and the Law)
by Amandine Garde Willem van BoomOne of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
European Transport Policy and Sustainable Mobility (Transport, Development and Sustainability Series)
by Peter Nijkamp Dominic Stead David Banister Jonas Akerman Karl Dreborg Ruggero Schleicher-Tappeser Peter SteenIt is now widely accepted that transport is becoming increasingly unsustainable and that strong policy intervention is required to reduce both the growth in transport demand and the environmental costs of transport. This book challenges conventional approaches to transport by moving away from trend based analysis towards the use of scenarios to identify alternative sustainable transport futures. It both summaries the development of EU transport policy and presents a critique. The policy context is widened to include the global changes taking place in economics, society and technology. It develops new methodologies for policy making for the next 25 years.
European Sustainable Carriage of Goods: The Role of Contract Law (IMLI Studies in International Maritime Law)
by Ellen Eftestøl-WilhelmssonThis work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU’s efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.
European States and Their Muslim Citizens
by John R. Bowen Christophe Bertossi Jan Willem Duyvendak Mona Lena Krook John R. Bowen Christophe Bertossi Jan Willem DuyvendakThis book responds to the often loud debates about the place of Muslims in Western Europe by proposing an analysis based in institutions, including schools, courts, hospitals, the military, electoral politics, the labor market, and civic education courses. The contributors consider the way people draw on practical schemas regarding others in their midst who are often categorized as Muslims. Chapters based on fieldwork and policy analysis across several countries examine how people interact in their everyday work lives, where they construct moral boundaries, and how they formulate policies concerning tolerable diversity, immigration, discrimination, and political representation. Rather than assuming that each country has its own national ideology that explains such interactions, contributors trace diverse pathways along which institutions complicate or disrupt allegedly consistent national ideologies. These studies shed light on how Muslims encounter particular faces and facets of the state as they go about their lives, seeking help and legitimacy as new citizens of a fast-changing Europe.
The European Stability Mechanism Before the Court of Justice of the European Union
by Etienne Lhoneux Christos A. VassilopoulosThis book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court's interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc. ) with regard to the ESM treaty provisions.
European Sports Law
by Stephen WeatherillEuropean Sports Law: Collected Papers 2nd edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers. Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general. The updated 2nd edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners. The book appears in the ASSER International Sports Law Series (ISSN: 1874-6926), under the editorship of Dr. David McArdle, Dr. Ben Van Rompuy and Marco van der Harst LL. M.
The European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks (Routledge Research in Finance and Banking Law)
by Phoebus L. Athanassiou Angelos T. VouldisThe European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks explains why the euro area’s progress towards reining in the risks arising from the well-documented bi-directional financial contagion transmission mechanism that links sovereigns to commercial banks has been more prominent compared to the channel of contagion moving from banks to sovereigns. Providing an analysis of the legal and regulatory measures that Europe and the euro area have taken to mitigate the exposure of sovereigns to financial crises generated by commercial banks, this book draws attention to areas where improvements to the arsenal of tools hitherto introduced are either desirable or necessary. Chapters further explain – with recourse to economic and legal arguments – why the channel of contagion moving from sovereigns to commercial banks has proven harder to close, and explores ways in which progress could be made in the direction of closing it so as to avert the risk of future banking sector crises. This work provides essential reading for students, researchers and practitioners with an interest in sovereign debt crises and the euro-area banking system.
European Societies, Migration, and the Law: The ‘Others' amongst ‘Us'
by Moritz JesseNot a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.