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Balancing Unity and Diversity in EU Legislation

Balancing Unity and Diversity in EU Legislation

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781035302949
  • 出版时间 April 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,351.25

¥1,310.72 Save ¥40.53 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to member states, and how such tension between unity and diversity is reflected in the design of EU legislation.

    Featuring sectoral and cross-sectoral contributions from a diverse array of distinguished academics, the book examines how the tension between EU unity and national autonomy has evolved over time. In particular it considers the response to significant new developments in the EU constitutional and law-making framework. The chapters explore the legislative strategies that have been adopted across various fields of EU law and policy to shape unity and diversity, and the practical, conceptual, and constitutional issues that these engender. Case studies from different EU fields and member states are critically analysed alongside key concepts including harmonization, derogations, proportionality, and effectiveness.

    Both incisive and authoritative, this book will prove indispensable to academics, researchers and students with an interest in constitutional and administrative law, law and politics, and European law, politics and policy. Legal practitioners and policymakers wanting a better understanding of EU legislation and its impact on national legal orders will similarly benefit from the analysis and recommendations this important book makes.

  • 1.
    Introduction: balancing unity and diversity in EU legislation
    Ton van den Brink and Virginia Passalacqua
    2.
    Recent trends in EU internal market legislation
    Sybe A. de Vries
    3.
    Harmonization through adjudication
    Gunnar Thor Petursson and Xavier Groussot
    4.
    Emergency legislation in European Union law
    Salvatore Fabio Nicolosi
    5.
    EU norms posing institutional obligations on Member States
    Cristina Fasone
    6.
    The Unfair Commercial Practices Directive and the uneasy relationship between maximum harmonisation, open norms and self-regulation
    Bram Duivenvoorde
    7.
    Consumer protection directives and private law enforcement
    Jan Biemans
    8.
    Regulatory harmonization and fragmentation in the Capital Markets Union
    Matteo Gargantini
    9.
    Private enforcement of competition law
    Małgorzata Kozak
    10.
    On discretion and sustainability in EU public procurement law
    Willem A. Janssen
    11.
    Minimum harmonization, experimentation and the internal market
    Vincent Delhomme
    12.
    The EU’s international commitments and their impact on
    the EU legislative process
    Dorin-Ciprian Grumaz
    13.
    Unity and diversity in the Common Agricultural Policy
    Pauline Phoa
    14.
    Synthesis – balancing unity and diversity in composite legislative frameworks
    Ton van den Brink and Virginia Passalacqua

    Index

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