The Politics of Legal Expertise in EU Policy-Making

The Politics of Legal Expertise in EU Policy-Making
Author :
Publisher : Cambridge University Press
Total Pages : 379
Release :
ISBN-10 : 9781108904865
ISBN-13 : 1108904866
Rating : 4/5 (65 Downloads)

Synopsis The Politics of Legal Expertise in EU Policy-Making by : Päivi Leino-Sandberg

Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.

The Politics of Justice in European Private Law

The Politics of Justice in European Private Law
Author :
Publisher : Cambridge University Press
Total Pages : 489
Release :
ISBN-10 : 9781108424127
ISBN-13 : 1108424120
Rating : 4/5 (27 Downloads)

Synopsis The Politics of Justice in European Private Law by : Hans-W Micklitz

Compares national concepts of social justice with the developing European concept of access justice.

Fissures in EU Citizenship

Fissures in EU Citizenship
Author :
Publisher : Cambridge University Press
Total Pages : 413
Release :
ISBN-10 : 9781108490894
ISBN-13 : 1108490891
Rating : 4/5 (94 Downloads)

Synopsis Fissures in EU Citizenship by : Martin Steinfeld

EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.

The Law of the European Union and the European Communities

The Law of the European Union and the European Communities
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 1251
Release :
ISBN-10 : 9789041154125
ISBN-13 : 9041154124
Rating : 4/5 (25 Downloads)

Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The Role of `Experts' in International and European Decision-Making Processes

The Role of `Experts' in International and European Decision-Making Processes
Author :
Publisher : Cambridge University Press
Total Pages : 429
Release :
ISBN-10 : 9781107074781
ISBN-13 : 1107074789
Rating : 4/5 (81 Downloads)

Synopsis The Role of `Experts' in International and European Decision-Making Processes by : Monika Ambrus

A broad-gauged analysis of the issues raised by experts' involvement in international and European decision-making processes.

The Ghostwriters

The Ghostwriters
Author :
Publisher : Cambridge University Press
Total Pages : 391
Release :
ISBN-10 : 9781009084444
ISBN-13 : 1009084445
Rating : 4/5 (44 Downloads)

Synopsis The Ghostwriters by : Tommaso Pavone

The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Policy-making in the European Union

Policy-making in the European Union
Author :
Publisher : Oxford University Press, USA
Total Pages : 566
Release :
ISBN-10 : UOM:39015037833145
ISBN-13 :
Rating : 4/5 (45 Downloads)

Synopsis Policy-making in the European Union by : Helen S. Wallace

This is a fully revised edition of a well-established text for students. It offers an invaluable and up-to- date interpretation of the European policy process. Helen Wallace and William Wallace have assembled a team of internationally-renowned authors to present fourteen case studies --ranging from analyses of the CAP and environmental policy, to the politics of Economic and Monetary Union and the new World Trade Organisation. Helen Wallace also provides, in the two opening chapters, an introduction and overview of European politics, policy, and institutions. In concluding thevolume, William Wallace reflects on the future for the EU as it faces calls for ever closer political integration. Policy-Making in the European Union provides the student with a timely and provocative insight into European integration in a period of critical change.

Law, Legal Expertise and EU Policy-Making

Law, Legal Expertise and EU Policy-Making
Author :
Publisher : Cambridge University Press
Total Pages : 337
Release :
ISBN-10 : 9781108830126
ISBN-13 : 1108830129
Rating : 4/5 (26 Downloads)

Synopsis Law, Legal Expertise and EU Policy-Making by : Emilia Korkea-aho

This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

Technocracy and the Law

Technocracy and the Law
Author :
Publisher : Routledge
Total Pages : 346
Release :
ISBN-10 : 9781000390148
ISBN-13 : 1000390144
Rating : 4/5 (48 Downloads)

Synopsis Technocracy and the Law by : Alessandra Arcuri

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.