The europeanisation of law : the legal effects of European integration /
This book consists of interrelated essays by many past and present members of the EUI Law Department. The contributors are all well-known specialists in their fields, whose essays address such issues as the effects of integration upon certain national laws, the elaboration of EU law to provide a new...
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Oxford [England] ; Portland, Or. :
Hart Pub.,
2000
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| Series: | Studies in European law and integration.
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Half Title Page; Half Title verso; Title Page; Title verso; Contents; Acknowledgments; Notes on Contributors; Table of Cases; Table of Legislation; 1. The EUI Law Department and the Europeanisation of Law: An Introduction; I. THE LAW DEPARTMENT OF THE EUROPEAN UNIVERSITY INSTITUTE; II. PURPOSE OF THE BOOK; III. THE EUROPEANISATION OF LAW; Part I: Juridification of Politics; 2. Integration Through Law Revisited: Some Thoughts on the Juridification of the European Political Process; I. INTRODUCTION; II. THE JURIDIFICATION OF THE DECISION-MAKING PROCESS; III. THE STRATEGIC USE OF LITIGATION.
- IV. CONCLUSION: JURIDIFICATION AND ITS LIMITSV. REFERENCES; 3. Should Public Prosecution be Independent?; I. INTRODUCTION; II. GOVERNMENTAL CRIME; III. PROSECUTORIAL DISCRETION; IV. EXTERNAL HIERARCHY; V. INTERNAL HIERARCHY; VI. THE INVESTIGATING JUDGE; VII. CONCLUSION; Part II: Changes in the Structure of Governance; 4. The Science of Private Law and the Nation State ; I. THE MOVE AWAY FROM THE PRIVATE LAW OF THE VOLKSNATION: RE-ORIENTATIONS IN THE POST-WAR PERIOD.
- II. THE DIFFICULT PRIVATE LAW OF THE STAATSBÜRGERNATION: THE DEBATE ON REFORM OF THE CODIFICATION AND THE LEGITIMACY OF STATUTES IN THE REALM OF CODIFIED PRIVATE LAWIII. BEYOND THE NATION-STATE: EUROPEAN INTEGRATION AND PRIVATE LAW; 5. The Role of Institutional Principles in the Judicial Development of the European Union Legal Order; I. INTRODUCTION; II. VERTICAL INSTITUTIONAL PRINCIPLES; III. HORIZONTAL INSTITUTIONAL PRINCIPLES; IV. THE JUDICIAL ENFORCEABILITY OF INSTITUTIONAL PRINCIPLES; V. CONCLUSION: THE DEVELOPMENT OF INSTITUTIONAL PRINCIPLES AND THEROLE OF THE ECJ.
- 6. European Media Law: A Perspective on the Challenge of MultimediaI. INTRODUCTION; II. DEVELOPMENT OF MEDIA REGULATION AND THE PRACTICE OF THE EUROPEAN COMMISSION AND THE COURT OF JUSTICE; III. EU LAW AND MEDIA CONCENTRATION; IV. THE REGULATION OF DIGITAL TV; 7. Legal Pluralism as an Evolutionary Achievement of European Community Law; I. PRELIMINARY: A WORD OF CAUTION-THREE PARADIGMSOF INTERNATIONAL LAW; II. THE EVOLUTION OF THE JURISPRUDENCE OF THE ECJ-EUROPEAN COMMUNITY LAW AS AN AUTONOMOUS ORDER.
- III. WHICH MODEL OF THE RELATIONSHIP BETWEEN DOMESTIC AND SUPRANATIONAL OR INTERNATIONAL LAW IS MORE APT TO RECONSTRUCT THE CONNECTION BETWEEN NATIONAL AND COMMUNITY LAW? EUROPEAN LEGAL ORDER: MODUS VIVENDI OR OVERLAPPING CONSENSUS?IV. LEGAL PLURALISM AND EUROPEAN CONSTITUTION-TWO CONCEPTS OF CONSTITUTION AND AN ALTERNATIVE; Part III: Partial Convergence of National Legal Systems; 8. The Protection of Public Interests and Regulation of Economic Activities; I. STRUCTURAL AND FUNCTIONAL DEVELOPMENTS IN COMMON LAW COUNTRIES AND IN CONTINENTAL EUROPE.
