Suchergebnisse

Introduction to the Research handbook on the politics of EU law /Marie-Pierre Granger and Paul James Cardwell --Governance as the meeting place of EU law and politics? /Paul James Cardwell --The politics of the Court of Justice of the European Union /Fabien Terpan and Sabine Saurugger --Litigation as a means to solve conflicts between the European Parliament and the Council : one size does not fit all /María-Luisa Sánchez-Barrueco --The European Semester : understanding an innovative governance model /Sonja Bekker --The law and politics of direct democracy in the EU /Fernando Mendez and Mario Mendez --The law and politics of exit from the EU /Nieves Pérez-Solórzano Borragán and Stijn Smismans --Locating gendered representation in European Union member states /Andrea S. Aldrich and William T. Daniel --Politicising Europe : liberating the technocratic? /Michelle Everson --Free movement of EU citizens between law and politics /Anita Heindlmaier and Michael Blauberger --Everyone is equal, but some more than others : judicial governance of EU antidiscrimination law /Amalie Frese --Law and sexual minority rights in the EU : navigating a political minefield /Alina Tryfonidou --Social Europe : a midsummer night's dream? /Konstantinos Alexandris Polomarkakis --The political dynamics of EU human rights law : scratching beneath the surface /Marie-Pierre Granger --The politics of European labour law /Rebecca Zahn --Mutual recognition of companies as an agency problem /Justin Borg-Barthet --The politics of EU law and the Area of Freedom, Security and Justice /Ester Herlin-Karnell --The unintended consequences of the EU's Common Agricultural Policy for local communities /Maria Gaglia Bareli, Miranda Geelhoed, Louisa Parks, Elisa Morgera, Elsa Tsioumani --The politics of EU migration law /Rachael Dickson --Critical EU international relations law : a research agenda /Elaine Fahey.

If we assume that market integration serves the interest of citizens in their capacity as consumers and optimizes consumer welfare, then the EU rules on free movement and competition could, according to Weatherill, be seen as a form of consumer policy.[1] Since national consumer protection law may impede free movement, which in itself is thus designed to advance the consumer interest, the European Court of Justice (hereafter: ECJ or Court), has developed its own notion of consumer interest.[2] This notion relates to the consumer's capacity to process information and make informed choices about available products and services, which is crucial for the market integration process. According to the case law of Court the consumer is considered an individual who can, if provided with the necessary information, make his own choices and defend his own interests. In GB-INNO-BM the Court held that "Article 28 (now Article 34 TFEU) cannot be interpreted as meaning that national legislation which denies the consumer access to certain kinds of information may be justified by mandatory requirements concerning consumer protection".[3] This is also referred to as the notion of 'reasonably circumspect consumer' considering the Court's perception "that most consumers are sufficiently robust and well-informed to take care of themselves in the market place".[4] Deliverable 5.4 looks into the rights of consumers in the Digital Single Market and into consumers' experiences in a number of Member States in the (cross-border) online purchase of goods and services. This Deliverable thus contributes to gaining more knowledge about the capacity of consumers to process information and make informed choices in the field of the digital single market. As this case study builds upon previous research carried out in the context of Work Package 5 and particularly on Deliverable 5.2, it does not, contrary to what is stated in the Description of Work (DoW) deal with the energy market. Deliverable 5.2 focussed on the following three ...

The UU team, Dr. Hanneke van Eijken and Professor Sybe de Vries, in coordination with the CEU research group (Dr. Marie-Pierre Granger and Dr. Orsolya Salát), has prepared a synthetic report, which provides a critical overview of the civil rights of EU citizens and third-country nationals in selected Member States (Belgium, the Czech Republic, Denmark, France, Germany, Hungary, Italy, Spain, the Netherlands and the United Kingdom and Ireland). The analysis carried out for Deliverable 7.1 focuses on the recognition and scope of civil rights of EU citizens and third-country nationals by national, European and international law. The national reports reveal that the main sources of civil rights in the different countries are the national constitutions and specific national legislation, the European Convention of Human Rights and the EU Charter. In substantial terms, the civil rights are quite similar and entail, for instance, the freedom of expression and the right to a fair trial, freedom of association and assembly. The scope and recognition of civil rights in the countries assessed is nonetheless dependent on the national legal system and its openness to international and European civil rights. The application of the EU Charter is increasing in national case law. The ECHR seems, however, to be the main source of reference for international civil rights by national courts. Awareness of the civil rights in the EU Charter could thus be improved. A particular difficulty with the Charter is that it is only applicable within the scope of EU law, with the consequence national courts may be inclined to rely on the ECHR when in doubt as to whether the EU Charter is applicable to a specific national case. In terms of barriers to citizenship, it seems that, as a preliminary conclusion, the recognition of civil rights is much dependent on national legal systems and that judicial practice show a preference to refer to the ECHR over the EU Charter. There are, however, signs that this is slowly changing. In most countries, the ...

The New EU Judiciary' is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ?comparative?, ?insider?, and ?outsider? perspectives

The objective of WP7 is to study, from the perspective of EU citizenship, specific problems EU citizens face in exercising civil rights and liberties in areas which fall within the scope of EU law, but also in areas beyond the scope of EU law. In the EU legal context, fundamental rights, including civil rights, have gained not only visibility but also, arguably, significance, now that the Lisbon Treaty has made the Charter of Fundamental Rights legally binding. Media freedom and policy in the EU in general has been widely researched and studied, focusing largely on the areas less directly relevant for citizens, i.e. television and radio broadcasting, media regulators, etc. This case study therefore focuses on tackling barriers in an area more relevant for individual citizens' freedom of expression, referred to as citizens' journalism. This is a new field of practice and research, where conceptual clarifications are needed and which calls for further research into the application and evolution of legal and procedural frameworks, in line with changing journalism landscape (blogs, online comments, etc). The Council of the European Union adopted Guidelines on freedom of expression online and offline for its external policy, while it does not have such guidelines internally, for its member states. Internally, freedom of expression is not strongly under the radar. There has been a discussion whether the mutual recognition of judgments in civil and commercial matters should not apply to defamation cases, since there is so much divergence. At the end, this has not become the case, therefore the strong substantive divergences remain, and need to be mutually recognized, with all resulting problems with forum shopping, and a potential race to the bottom. This report's initial understanding of citizen journalist has deliberately been an uncircumscribed one, in order not to impose an arbitrary, potentially too narrow concept on the different legal orders examined in this task. Therefore, the questionnaire was drafted to ...