Droit g n ral de l Union europ enne
Ce manuel présente le droit général de l'Union européenne, c'est-à-dire les traits communs à toutes les branches de ce droit. C'est la "grammaire commune" de la matière et c'est donc fondamental pour tous ceux qui ont à connaître du droit de l'Union, qu'il s'agisse de publicistes ou de privatistes. Le manuel couvre le système institutionnel, le système juridique et le système contentieux, permettant de comprendre ce qu'est l'Union européenne en tant qu'organisation et en tant qu'ordre juridique.
Autonomie locale et Union europ enne
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The European Union in International Organisations and Global Governance
The European Union is a key participant in international organisations with its involvement taking different forms, ranging from full membership to mere observer. Moreover, there is also not only one status of observer, but different ones depending on the constituent charters of the organisations. This book provides a comprehensive overview of the participation of the EU in five international organisations: the UN, the ILO, the WTO, the WHO and the WIPO. It identifies its role and influence in diverse areas of global governance, such as foreign policy, peace, human rights, social rights, trade, health and intellectual property. EU and international experts, diplomats and scholars have contributed to this book to give an overview of the different aspects linked to the participation of the EU in these organisations and to the coordination that takes place internally with its Member States. They also examine the EU's actual influence in the various areas and its contribution to global governance. The combination of these two dimensions allows the work to identify the strengths and weaknesses of the participation of the EU in these five international organisations. The book provides valuable insights for scholars, policymakers and is useful for representatives of other international organisations and civil society actors.
The Sustainability of the European Social Model
This book argues that the European Social Model can only be sustained in the current economic crisis if social and employment policies are adequately recognised as integral parts of European economic policy-making. The contributing authors investigate
Cross border Law Enforcement
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative 'best practice' solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
General Principles of Law
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
The EU Charter of Fundamental Rights
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Food Safety Law in China
Francis Snyder shows how the 2008 infant formula crisis led to transnational food safety law and standards in China, reforms in government policy and closer relations with international organisations. He also makes recommendations for dealing with continuing challenges.
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
The United Nations Charter as the Constitution of the International Community
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.