Carol Harlow
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199245970
- eISBN:
- 9780191697517
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245970.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This work approaches the issue of democratic deficit from the angle of accountability, seen in contemporary society as an essential element of democratic government. It looks at differing ...
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This work approaches the issue of democratic deficit from the angle of accountability, seen in contemporary society as an essential element of democratic government. It looks at differing understandings of the concept in the Member States and at various techniques — political, legal, and managerial — by which accountability can be assured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.Less
This work approaches the issue of democratic deficit from the angle of accountability, seen in contemporary society as an essential element of democratic government. It looks at differing understandings of the concept in the Member States and at various techniques — political, legal, and managerial — by which accountability can be assured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and ...
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This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.Less
This book provides an analysis of the administration of the European Union and the legal framework within which that administration operates. It examines the multifarious approaches, techniques, and structures of public administration in order to systematize and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.
Noreen Burrows and Rosa Greaves
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199299003
- eISBN:
- 9780191715037
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299003.001.0001
- Subject:
- Law, EU Law
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of ...
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The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.Less
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.
Mark Bell
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199244508
- eISBN:
- 9780191697371
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244508.001.0001
- Subject:
- Law, Human Rights and Immigration, EU Law
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women ...
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The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.Less
The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women and men and discrimination on the grounds of EU nationality. However, Article 13 EC created a new legal space for the Union to regulate discrimination on the ground of racial or ethnic origin, religion or belief, disability, age, or sexual orientation. This book aims to improve our understanding of the evolution of European Union law in the field. To this end, it considers the development of EU law and policy in respect of two specific grounds of discrimination — race and sexual orientation. It provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001. The book further considers the relationship between national and European anti-discrimination law. A survey of national anti-discrimination statutes is presented in order to identify the variety of legal traditions that exist in this field. The diversity of these legal cultures impacts significantly upon the scope for and nature of EU anti-discrimination legislation. The author concludes by reviewing the principle factors that have influenced the evolution of EU anti-discrimination law and applying this to an analysis of the prospects for future development.
Okeoghene Odudu
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199278169
- eISBN:
- 9780191699962
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278169.001.0001
- Subject:
- Law, EU Law, Competition Law
This book addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty: what is competition and how does Article 81 ensure that competition is protected? After ...
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This book addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty: what is competition and how does Article 81 ensure that competition is protected? After over forty years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The book's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and given that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this book argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.Less
This book addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty: what is competition and how does Article 81 ensure that competition is protected? After over forty years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The book's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and given that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this book argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.
Lizzie Barmes
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780199691371
- eISBN:
- 9780191748790
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199691371.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This empirical study of the interaction between law, adjudication, and conflicts about behaviour at work argues that individual employment rights are Janus-faced, simultaneously challenging, and ...
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This empirical study of the interaction between law, adjudication, and conflicts about behaviour at work argues that individual employment rights are Janus-faced, simultaneously challenging, and sustaining existing distributions of power between management and employees. The central finding is that labour and equality rights, as currently legislated, implemented, and enforced in the UK, overall enhance the status-quo by supporting a good deal of traditional workplace hierarchy and marginalizing more plural, collective workplace ways of being. This is rooted in a paradox that individual rights are quite easily minimized, sidelined, and defused in employer-dominated environments, while more receptive organizations are at particular risk of individualized conflict that is damaging and disruptive. Behind this is a massive, growing number of working people who are left to cope alone with workplace problems and a tiny number who litigate, finding themselves in an alienating, often unsatisfying ordeal. While managers in theory benefit from this dynamic and are often responsible for workplace problems, they can face parallel isolation as shock absorbers for conflict between collective employer power and individual employee interests. At the broadest level this is a story of law supporting individualism through a process of individualization. It concludes that individual labour and equality rights should be recast to stimulate the expression and reconciliation of different points of view in their implementation and enforcement across the range of organizations. Without such innovation, the use of law to emancipate at work must represent an ongoing loss, not only for those directly affected by problems and conflict at work, but for society as a whole, and the many who hope for more just distributions of power, in working life and beyond.Less
This empirical study of the interaction between law, adjudication, and conflicts about behaviour at work argues that individual employment rights are Janus-faced, simultaneously challenging, and sustaining existing distributions of power between management and employees. The central finding is that labour and equality rights, as currently legislated, implemented, and enforced in the UK, overall enhance the status-quo by supporting a good deal of traditional workplace hierarchy and marginalizing more plural, collective workplace ways of being. This is rooted in a paradox that individual rights are quite easily minimized, sidelined, and defused in employer-dominated environments, while more receptive organizations are at particular risk of individualized conflict that is damaging and disruptive. Behind this is a massive, growing number of working people who are left to cope alone with workplace problems and a tiny number who litigate, finding themselves in an alienating, often unsatisfying ordeal. While managers in theory benefit from this dynamic and are often responsible for workplace problems, they can face parallel isolation as shock absorbers for conflict between collective employer power and individual employee interests. At the broadest level this is a story of law supporting individualism through a process of individualization. It concludes that individual labour and equality rights should be recast to stimulate the expression and reconciliation of different points of view in their implementation and enforcement across the range of organizations. Without such innovation, the use of law to emancipate at work must represent an ongoing loss, not only for those directly affected by problems and conflict at work, but for society as a whole, and the many who hope for more just distributions of power, in working life and beyond.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.001.0001
- Subject:
- Law, Public International Law, EU Law
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ...
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Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.Less
Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists — on the grounds of inefficiency, and lawyers — on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA, and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.
Eva Storskrubb
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533176
- eISBN:
- 9780191714504
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533176.001.0001
- Subject:
- Law, EU Law
The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border ...
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The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been created or proposed including the creation of a judicial network and judicial training structures. This book offers a detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law, and European law. It situates the development of the policy area called judicial cooperation in civil matters and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity, and governance. It provides detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed as well as the introduction of the principle of mutual recognition. The book concludes with comparative analysis of the EU's approach with broader international efforts for procedural harmonization.Less
The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been created or proposed including the creation of a judicial network and judicial training structures. This book offers a detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law, and European law. It situates the development of the policy area called judicial cooperation in civil matters and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity, and governance. It provides detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed as well as the introduction of the principle of mutual recognition. The book concludes with comparative analysis of the EU's approach with broader international efforts for procedural harmonization.
Wolf Sauter
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198749158
- eISBN:
- 9780191813368
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198749158.001.0001
- Subject:
- Law, EU Law, Competition Law
This book provides an account of European competition law from the perspective of its coherence, in the context of modernization. Coherence is defined as consistency towards a clearly defined ...
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This book provides an account of European competition law from the perspective of its coherence, in the context of modernization. Coherence is defined as consistency towards a clearly defined objective, in this case identified as the internal market. In addition, the performance on the variables efficiency and legitimacy is charted. While the focus is on antitrust, the book also examines merger and state aid control, as well as the sectoral regulatory frameworks for energy and electronic communications. For each of these the book looks at objectives, rules, and exceptions, as well as the way in which enforcement is organized. The findings are that the objectives of EU competition law are fairly straightforward as are the rules, but that the available exceptions vary widely between the different instruments and are disputed. Within antitrust and sectoral competition law enforcement is coordinated effectively between the EU Commission and networks of national (competition) authorities and can be deemed a success. For merger and state aid control a centralized model persists instead that resembles that of antitrust prior to modernization. Among future charges in the interest of coherence, legitimacy, and effectiveness of harmonization of remedies and procedure (now largely in the realm of national law) is likely.Less
This book provides an account of European competition law from the perspective of its coherence, in the context of modernization. Coherence is defined as consistency towards a clearly defined objective, in this case identified as the internal market. In addition, the performance on the variables efficiency and legitimacy is charted. While the focus is on antitrust, the book also examines merger and state aid control, as well as the sectoral regulatory frameworks for energy and electronic communications. For each of these the book looks at objectives, rules, and exceptions, as well as the way in which enforcement is organized. The findings are that the objectives of EU competition law are fairly straightforward as are the rules, but that the available exceptions vary widely between the different instruments and are disputed. Within antitrust and sectoral competition law enforcement is coordinated effectively between the EU Commission and networks of national (competition) authorities and can be deemed a success. For merger and state aid control a centralized model persists instead that resembles that of antitrust prior to modernization. Among future charges in the interest of coherence, legitimacy, and effectiveness of harmonization of remedies and procedure (now largely in the realm of national law) is likely.
Niamh Nic Shuibhne
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199592951
- eISBN:
- 9780191767098
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592951.001.0001
- Subject:
- Law, EU Law, Constitutional and Administrative Law
At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has ...
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At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice.Less
At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice.
