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6849 results in European Law

Page 18 of 343

  • 4 - The Unique Nature of the EU Legal Order

  • Elise Muir, KU Leuven, Belgium
  • Book:
    An Introduction to the EU Legal Order
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 225-284

  • Summary

    The legal order of the European Union can be distinguished from other international law systems because its legal acts have autonomous effects that are independent of the specific laws of its members. These effects result in EU law being uniquely integrated with the laws of its Member States (Section 4.1), and this is also enabled by the particularly sophisticated machinery put in place at European level for the appropriate implementation and enforcement of EU law across the Member States of the EU (Section 4.2). To ensure adherence to its founding values, as well as its perennity, the powerful legal order that results is itself subject to the rule of law (Section 4.3), as well as to ongoing reflections on its limitations (Section 4.4).

  • 3 - The EU System of Legal Norms

  • Elise Muir, KU Leuven, Belgium
  • Book:
    An Introduction to the EU Legal Order
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 159-224

  • Summary

    As outlined in Chapter 1, the EU Treaties play a central role in the process of European integration. They set out the boundaries of the European Union legal order. Within these boundaries, it is not only the EU Treaties, but also a vast array of legal acts that may be adopted and that produce legal effects. The European Union thereby autonomously generates a structured set of instruments complementing the Treaty framework. With a view to shedding light on this system of legal norms, this chapter further elaborates on the primary legal framework of the EU legal order (Section 3.1), on the basis of which the system of allocation of competences between the EU and its Member States may then be set out. Indeed, the rules and principles governing the existence of an EU competence (Section 3.2), the various types of competences (Section 3.3) and the principles governing the exercise of these competences (Section 3.4) all derive therefrom. It is within this framework that further legal acts (Section 3.5) may be adopted by EU actors, in accordance with procedures established for that purpose (Section 3.6).

The Cambridge Companion to European Criminal Law
  • Edited by Kai Ambos, Peter Rackow
  • Published online:
    09 February 2023
    Print publication:
    16 February 2023
  • European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.

  • 2 - The Actors of the EU Integration Process

  • Elise Muir, KU Leuven, Belgium
  • Book:
    An Introduction to the EU Legal Order
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 63-158

  • Summary

    The dynamics of the EU legal order result from interactions between a great diversity of actors. The main characteristics of key actors explain the specific role attributed to each of them in the functioning of the EU, as will be further set out in subsequent chapters. The Member States, to start with, play a prominent and decisive role in shaping the nature and boundaries of the EU legal order (Section 2.1). Alongside this, nationals of the Member States are today an important part of the system of checks and balances, and are referred to as EU citizens (Section 2.2). Yet it is to the specific and sophisticated set of institutions (Section 2.3) and complementary organs (Section 2.4) that breathe life into the EU legal order that much of our attention in this chapter will be devoted.

  • Constitutionalising the end of history? Pitfalls of a non-regression principle for Article 2 TEU

  • Julian Scholtes
  • Journal:
    European Constitutional Law Review / Volume 19 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    07 February 2023, pp. 59-87
    Print publication:
    March 2023
    • Article
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  • Enforcement and conceptualisation of Article 2 TEU values – Rule of law – A non-regression principle for EU values faces significant pitfalls – Limits of the ‘backsliding’ paradigm informing doctrinal developments under Article 2 TEU – Inadequacy of a progress/regression trajectory as a lens for constitutional developments – Complexity of Article 2 values threatens to render regression assessments simplistic – Non-regression and the equality of member states – Potential conflicts between non-regression and minimum standards as tests for Article 2 compliance

  • The Merkel Court: Judicial Populism since the Lisbon Treaty

  • Florian Meinel
  • Journal:
    European Constitutional Law Review / Volume 19 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    07 February 2023, pp. 111-140
    Print publication:
    March 2023
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  • The German Federal Constitutional Court’s recent case law in context – A systematic account of the Federal Constitutional Court’s changing constitutional imagination – The constitutional footprint of the grand coalitions during Angela Merkel’s 16-year term as German Chancellor – The changing architecture of parliamentary government in the Federal Republic and the role of the Court – The supermajoritarian structure of the German political system – Majority rule and veto players – Legislation and parliamentary oversight – Executive autonomy and parliamentary control – Political representation and counter-representation by the Court – The constitutional nature of cabinet and ministerial responsibility – constitutional limits of political speech in government office – The normative model of administrative constitutionalism – The pouvoir neutre in the German constitution – The constitutionalisation of distributive justice

An Introduction to the EU Legal Order
  • Elise Muir
  • Published online:
    02 February 2023
    Print publication:
    09 February 2023
  • Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

Page 18 of 343