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  3. Cambridge Studies in European Law and Policy

The focus of this series is European law broadly understood. It aims to publish original monographs in all fields of European law, from work focusing on the institutions of the EU and the Council of Europe to books examining substantive fields of European law as well as examining the relationship between European law and domestic, regional and international legal orders. The series publishes works adopting a wide variety of methods: comparative, doctrinal, theoretical and inter-disciplinary approaches to European law are equally welcome, as are works looking at the historical and political facets of the development of European law and policy. The main criterion is excellence i.e. the publication of innovative work, which will help to shape the legal, political and scholarly debate on the future of European law.

  • Series Editors: Mark Dawson, Hertie School of Governance, Berlin, Laurence Gormley, University of Groningen, Jo Shaw, University of Edinburgh
  • Advisory Boards: Kenneth Armstrong, University of Cambridge, Catherine Barnard, University of Cambridge, Richard Bellamy, University College London, Marise Cremona, European University Institute, Florence, Michael Dougan, University of Liverpool, Jacqueline Dutheil de la Rochère, Université de Paris II and Director of the Centre de Droit Européen, Paris, Daniel Halberstam, University of Michigan, Dora Kostakopoulou, University of Warwick, Ingolf Pernice, Director of the Walter Hallstein Institut, Humboldt-Universität zu Berlin, Sinisa Rodin, Court of Justice of the European Union, Eleanor Spaventa, Durham University, Neil Walker, University of Edinburgh, Stephen Weatherill, University of Oxford

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54 results in Cambridge Studies in European Law and Policy

Page 2 of 3

The Transformation of EU Treaty Making
  • The Rise of Parliaments, Referendums and Courts since 1950
  • Dermot Hodson, Imelda Maher
  • Published online:
    20 July 2018
    Print publication:
    09 August 2018
  • Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.

The Court of Justice of the European Union as an Institutional Actor
  • Judicial Lawmaking and its Limits
  • Thomas Horsley
  • Published online:
    16 July 2018
    Print publication:
    19 July 2018
  • The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.

Redefining European Economic Integration
  • Dariusz Adamski
  • Published online:
    12 April 2018
    Print publication:
    19 April 2018
  • European economic integration has relied on policies intended to make the European Union strong and resilient economically, socially and politically. The Eurozone crisis and Brexit have demonstrated, however, how fragile this hope was and how contested reforms to the major European economic policies have become. Dariusz Adamski explains the evolution of these policies - from the Economic and Monetary Union to the internal market, international trade, the EU's climate policy, as well as its redistributive policies - and demonstrates how this evolution has made European economic integration increasingly frail. He shows how erroneous economic and political assumptions regarding the direction of the European integration project have interplayed with the EU's constitutional context. Arguing that flaws in individual policies contributing to European economic integration can be remedied in compliance with the existing constitutional setup, he explains why such solutions would be economically beneficial and politically feasible.

Human Rights in the Council of Europe and the European Union
  • Achievements, Trends and Challenges
  • Steven Greer, Janneke Gerards, Rose Slowe
  • Published online:
    16 March 2018
    Print publication:
    29 March 2018
  • Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Core Socio-Economic Rights and the European Court of Human Rights
  • Ingrid Leijten
  • Published online:
    28 December 2017
    Print publication:
    25 January 2018
  • Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.

Green Trade and Fair Trade in and with the EU
  • Process-based Measures within the EU Legal Order
  • Laurens Ankersmit
  • Published online:
    30 August 2017
    Print publication:
    03 August 2017
  • This book explores how EU law constrains the freedom of the EU, the Member States, and private bodies to adopt measures that seek to protect social and environmental interests abroad by placing conditions on production processes in other states. The permissibility of such process-based measures has been examined primarily within the World Trade Organization (WTO) context, but the challenges that they present are equally for the EU internal market system. Ankersmit identifies three core challenges posed by process-based measures from an EU law perspective: extraterritoriality, unilateralism and the competitive and democratic problems created by private rule-making. It examines these issues in the context of free movement, competition, public procurement, and EU tax law. This book will appeal to academics, policy makers and practitioners interested in trade and environment, the social impact of trade law, and European and international market regulation.

New Labour Laws in Old Member States
  • Trade Union Responses to European Enlargement
  • Rebecca Zahn
  • Published online:
    10 May 2017
    Print publication:
    11 May 2017
  • The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.

The Governance of EU Fundamental Rights
  • Mark Dawson
  • Published online:
    25 March 2017
    Print publication:
    16 February 2017
  • In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.

The International Responsibility of the European Union
  • From Competence to Normative Control
  • Andrés Delgado Casteleiro
  • Published online:
    05 September 2016
    Print publication:
    15 September 2016
  • When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organizations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.

Gendering European Working Time Regimes
  • The Working Time Directive and the Case of Poland
  • Ania Zbyszewska
  • Published online:
    05 August 2016
    Print publication:
    04 August 2016
  • The standard approach to regulating working hours rests on gendered assumptions about how paid and unpaid work ought to be divided. In this book, Ania Zbyszewska takes a feminist, socio-legal approach to evaluate whether the contemporary European working time regimes can support a more equal sharing of this work. Focusing on the legal and political developments surrounding the EU's Working Time Directive and the reforms of Poland's Labour Code, Zbyszewska reveals that both regimes retain this traditional gender bias, and suggests the reasons for its persistence. She employs a wide range of data sources and uses the Polish case to assess the EU influence over national policy discourse and regulation, with the broader transnational policy trends also considered. This book combines legal analysis with social and political science concepts to highlight law's constitutive role and relational dimensions, and to reflect on the relationship between discursive politics and legal action.

Frontex and Non-Refoulement
  • The International Responsibility of the EU
  • Roberta Mungianu
  • Published online:
    05 August 2016
    Print publication:
    18 August 2016
  • Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

EU Renewable Electricity Law and Policy
  • From National Targets to a Common Market
  • Tim Maxian Rusche
  • Published online:
    05 October 2015
    Print publication:
    11 December 2015
  • There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.

European Constitutionalism
  • Kaarlo Tuori
  • Published online:
    05 July 2015
    Print publication:
    16 July 2015
  • European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.

The Transformation of Citizenship in the European Union
  • Electoral Rights and the Restructuring of Political Space
  • Jo Shaw
  • Published online:
    05 June 2015
    Print publication:
    06 September 2007
  • This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

Brokering Europe
  • Euro-Lawyers and the Making of a Transnational Polity
  • Antoine Vauchez
  • Published online:
    05 February 2015
    Print publication:
    26 February 2015
  • Since the 1960s, the nature and the future of the European Union have been defined in legal terms. Yet, we are still in need of an explanation as to how this entanglement between law and EU polity-building emerged and how it was maintained over time. While most of the literature offers a disembodied account of European legal integration, Brokering Europe reveals the multifaceted roles Euro-lawyers have played in EU polity, notably beyond the litigation arena. In particular, the book points at select transnational groups of multipositioned legal entrepreneurs which have been in a situation to elevate the role of law in all sorts of EU venues. In doing so, it draws from a new set of intellectual resources (field theory) and empirical strategies only very recently mobilized for the study of the EU. Grounded on an extensive historical investigation, Brokering Europe provides a revised narrative of the 'constitutionalization of Europe'.

Services Liberalization in the EU and the WTO
  • Concepts, Standards and Regulatory Approaches
  • Marcus Klamert
  • Published online:
    05 October 2014
    Print publication:
    16 October 2014
  • Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.

Referendums and the European Union
  • A Comparative Inquiry
  • Fernando Mendez, Mario Mendez, Vasiliki Triga
  • Published online:
    05 July 2014
    Print publication:
    12 June 2014
  • Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.

The Allocation of Regulatory Competence in the EU Emissions Trading Scheme
  • Josephine van Zeben
  • Published online:
    05 July 2014
    Print publication:
    17 April 2014
  • The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.

The Eurozone Crisis
  • A Constitutional Analysis
  • Kaarlo Tuori, Klaus Tuori
  • Published online:
    05 June 2014
    Print publication:
    09 January 2014
  • Topical and timely, this book offers an economically informed constitutional analysis on European responses to the crisis. It discusses the longer-term proposals on the table including rescue measures and stability mechanisms, as well as the tightening of European economic governance. The authors see the European constitution as a multidimensional and multi-temporal process of constitutionalisation. They examine how the crisis has catapulted the economic constitution back to the 'pacemaker' position from where it determines developments in the political and social dimensions. However, now the key role is not played by the constitution of 'microeconomics', focusing on free movement and competition law, but the constitution of 'macroeconomics', introduced in Maastricht.

International Trade Disputes and EU Liability
  • Anne Thies
  • Published online:
    05 April 2013
    Print publication:
    18 April 2013
  • The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity of maintaining EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope for manoeuvre of the EU institutions on the international plane. In addition, it places the issue in its broader context of the relationship between international law and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.

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