Nijhoff Studies in European Union Law is a refereed scholarly monographs series dedicated to the critical analysis of the current state and development of European Union law in a broad sense. Apart from constitutional, institutional and substantive issues of EU law, the series also embraces state-of-the-art interdisciplinary, comparative law and EU policies research with a clear link to European integration. Titles in the
Nijhoff Studies in European Union Law series will be of particular interest to academics, policy makers and practitioners dealing with EU law and policies, as well as national and international (non) governmental institutions and bodies.
Authors are cordially invited to submit proposals and/or full manuscripts to
Irene van Rossum.
Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union.
International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate.
International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.
The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. The administrative system of the European Union is described as a hybrid between a traditional national and an international administration. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included. Furthermore, in the analysis the administration is seen from the perspective of an individual Eurocrat, but, simultaneously, the overall institutional perspective is maintained by a focus on the effects of the special characteristics of the administrative practices on the efficiency and legitimacy of the administration.
The harmonization of the different European legal systems has reached the field of asylum and immigration policy. The Maastricht Treaty has established the legal basis for a common migration policy. Numerous resolutions, recommendations, joint positions and actions were adopted by the EU Council based on the `third pillar' in the Maastricht Treaty. Within the `first pillar' the European Community has enacted regulations on visa policy based on Art. 100c EC - Treaty. Additionally, several agreements with third countries on immigration issues were set into force.
Immigration and Asylum Law and Policy of the European Union comprehensively describes the present state of the harmonization process concerning migration policy in the European Union. Particular emphasis is laid on the legal status of third-country nationals with regard to entry and residence. Furthermore, the gaps within EU regulations are evaluated in an attempt to search for a homogenous European migration policy.
legal background to access to interpreting services in healthcare. It will consider law from the United Nations, the Council of Europe and the EuropeanUnion in order to establish if there is a right to an interpreter. First, however, we will discuss research on interpreter provision.
2. The Need
This is a study of the legal framework on criminal measures on trafficking and/or smuggling and facilitating illegal entry in six Member States: France, Germany, Italy, the Netherlands, Spain and the UK, and the European Union. This issue is at the nexus of migration and criminal law. The system of criminal law in the Member States is a central part of the balance of the powers of the authorities and the rights of the citizen. The way in which civil liberties of the individual are weighed in comparison with public protection duties by the authorities is in essence a constitutional issue. The treatment of foreigners, in particular as regards their entry onto the territory and residence is not part of the constitutional settlements, but a field governed by state discretion and exceptionalism. The rules and administrative measures regarding entry, residence and expulsion of foreigners is not subject to the same civil liberties guarantees of due process as apply in criminal law.
This comparative study examines how, in each Member State, the insertion of immigration into criminal law takes place. Do the rules of criminal law in respect of due process take precedence over the lower evidential and procedural requirements which are applied in the field of immigration? How does the criminal justice system deal with this new field where central constitutional issues are not present? There are two levels on which the insertion of immigration into criminal law takes place – the legal and the social. This book deals with both. On the one hand it looks at the laws and the court decisions on criminal trials in respect of immigrants for immigration related offences, on the other hand it looks at how the society (political actors, media, interest groups etc) discuss and develop this issue.
This book is designed for policymakers, academics, students and activists concerned about the European Union.
care providers and health care establishments’, which clearly does not include nutritional products unless they are part of a health care service such as a special diet.
84) Art. 168(7) TFEU.
85) T.K. Hervey and J.V. McHale, Health Law and the EuropeanUnion (Cambridge: Cambridge University
security, as defined by EU law. 11 According to the jurisprudence of the Court of Justice of the EuropeanUnion ( CJEU ), EU citizens who have genuinely exercised a free movement right in another Member State are entitled to return to this home Member State and bring with them their family members
into EU law acquires a ‘non-common’ or ‘extraordinary’ nature (primacy, direct effect, etc.) within EU law in EU member States’ national law, in accordance with well-settled case law of the (now) Court of Justice of the EuropeanUnion ( CJEU ).
EU Law Applicable in the Arctic … and a
The role of the EuropeanUnion (EU) in the progressive development and implementation of the law of the sea has moved steadily away from the inauspicious part played by the then European Economic Community (EEC) at the Third United Nations Conference on the Law of the Sea (UNCLOS