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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 3 of 3

The Lisbon Treaty
  • A Legal and Political Analysis
  • Jean-Claude Piris
  • Foreword by Angela Merkel
  • Published online:
    05 June 2012
    Print publication:
    17 June 2010
  • Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

The Ethos of Europe
  • Values, Law and Justice in the EU
  • Andrew Williams
  • Published online:
    05 June 2012
    Print publication:
    11 March 2010
  • Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

The Limits of Legal Reasoning and the European Court of Justice
  • Gerard Conway
  • Published online:
    05 February 2012
    Print publication:
    12 January 2012
  • The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.

New Governance and the Transformation of European Law
  • Coordinating EU Social Law and Policy
  • Mark Dawson
  • Published online:
    05 November 2011
    Print publication:
    27 October 2011
  • The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.

The Constitution for Europe
  • A Legal Analysis
  • Jean-Claude Piris
  • Published online:
    04 August 2010
    Print publication:
    30 March 2006
  • There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.

The European Union's Fight Against Corruption
  • The Evolving Policy Towards Member States and Candidate Countries
  • Patrycja Szarek-Mason
  • Published online:
    03 May 2010
    Print publication:
    11 March 2010
  • The fight against corruption emerged as one of the most significant issues during the 2004 enlargement of the EU and gained even more importance with the accession of Romania and Bulgaria in 2007. In order to prepare candidate countries for membership, the EU found it necessary to create new institutions and mechanisms to address corruption. Patrycja Szarek-Mason traces the development of the EU anti-corruption framework, showing how recent enlargements transformed EU policy and highlighting inequities between the treatment of candidate countries and existing Member States. The experience gained during the 2004 enlargement led to a more robust anti-corruption stance during the accession of Bulgaria and Romania and will have implications for future enlargements of the EU. However, the framework can still be strengthened to address corruption adequately and promote higher standards among Member States, especially through greater use of 'soft law' in the form of mutually agreed, non-legally binding policy recommendations.

The European Civil Code
  • The Way Forward
  • Hugh Collins
  • Published online:
    26 February 2010
    Print publication:
    20 November 2008
  • Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functional political institutions at a European level. These principled foundations for a more inclusive and less balkanised civil society in Europe also provide elements of a required European social model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressures of market forces in an increasingly global economic system.

State and Market in European Union Law
  • The Public and Private Spheres of the Internal Market before the EU Courts
  • Wolf Sauter, Harm Schepel
  • Published online:
    22 January 2010
    Print publication:
    16 April 2009
  • An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

Ethical Dimensions of the Foreign Policy of the European Union
  • A Legal Appraisal
  • Urfan Khaliq
  • Published online:
    03 December 2009
    Print publication:
    18 September 2008
  • Urfan Khaliq analyses the theory and practice of the European Union's 'ethical foreign policy', arguing that current practices dilute the impact and efficacy of Union policies but that an effort which is at times effective is being made to protect certain values in the Union's international relations. Beginning with an investigation of the international rules authorising or obliging the Union/Community or the Member States to promote certain values in third countries or take action to protect them, Khaliq goes on to examine the limits under international law which constrain such policies. The issues are then assessed from a Union/Community law perspective, and the importance attached to ethical values and their relationship with other priorities and objectives is analysed in the context of relations with Myanmar, Nigeria, Pakistan, Israel and the Palestinian Authority. The European Community's humanitarian aid policy is also discussed.

Implementing EU Pollution Control
  • Law and Integration
  • Bettina Lange
  • Published online:
    07 August 2009
    Print publication:
    17 April 2008
  • Through a detailed analysis this book examines the role of law in European Union integration processes through the implementation of the EU Directive on Integrated Pollution Prevention and Control at European Level and in the UK and Germany. The book questions traditional conceptions which perceive law as the 'formal law in the books', as instrumental and as relatively autonomous in relation to its social contexts. The book also discusses in depth how the key legal obligation on the Directive, to employ 'the best available techniques', is actually implemented. This research locates the analysis of the implementation of the IPPC Directive in the wider context of current, cutting-edge political science and sociology of law debates about the role of law in EU integration processes, the nature of EU law, new modes of governance and the significance of 'law in action' for understanding legal process.

European Broadcasting Law and Policy
  • Jackie Harrison, Lorna Woods
  • Published online:
    29 July 2009
    Print publication:
    18 October 2007
  • European broadcasting policy has attracted attention from many disciplines because it has dual nature: cultural and commercial. This book offers a detailed treatment of European broadcasting law, set against an overview of policy in this area. In this respect the authors identify tensions within the EU polity as regards the appropriate level, purpose and mechanism of broadcast regulation. Key influences are problems of competence, the impact of changing technology and the consequences of increasing commercialisation. Furthermore, the focus of the analysis is on the practical implications of the legal framework on viewers, and the authors distinguish both between citizen and consumer and between the passive and active viewer. The underlying question is the extent to which those most in need of protection by regulation, given the purpose of broadcasting, are adequately protected.

Social Rights and Market Freedom in the European Constitution
  • A Labour Law Perspective
  • Stefano Giubboni
  • Published online:
    28 July 2009
    Print publication:
    12 January 2006
  • This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

EU Enlargement and the Constitutions of Central and Eastern Europe
  • Anneli Albi
  • Published online:
    28 July 2009
    Print publication:
    30 June 2005
  • In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

The European Convention on Human Rights
  • Achievements, Problems and Prospects
  • Steven Greer
  • Published online:
    13 July 2009
    Print publication:
    30 November 2006
  • This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

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