The Principle of Loyalty in EU Law
The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact i...
I tiakina i:
| Kaituhi matua: | |
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| Hōputu: | Online |
| Reo: | Ingarihi |
| I whakaputaina: |
Oxford University Press
2021
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| Ngā marau: | |
| Urunga tuihono: | 468331 |
| Ngā Tūtohu: |
Kāore He Tūtohu, Me noho koe te mea tuatahi ki te tūtohu i tēnei pūkete!
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| _version_ | 1869515301444386816 |
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| author | Klamert, Marcus |
| author_browse | Klamert, Marcus |
| author_facet | Klamert, Marcus |
| author_sort | Klamert, Marcus |
| collection | Directory of Open Access Books |
| description | The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law. |
| format | Online |
| id | doab-20.500.12854ir-32056 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-320562025-07-30T10:21:01Z The Principle of Loyalty in EU Law Klamert, Marcus european court of justice constitutionalization fidelity effectiveness sincere cooperation solidarity cohesion loyalty construction Case law Creative Commons Creative Commons license Member state of the European Union Treaty of Lisbon Treaty on the Functioning of the European Union Twenty-foot equivalent unit thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law. 2021-02-10T12:58:18Z 2014-12-31 23:55:55 2018-10-03 09:09:28 2020-04-01T14:48:11Z 2014 book 468331 OCN: 868263882 http://library.oapen.org/handle/20.500.12657/33483 https://directory.doabooks.org/handle/20.500.12854/32056 eng open access image/jpeg image/jpeg image/jpeg n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/33483/1/468331.pdf https://library.oapen.org/bitstream/20.500.12657/33483/1/468331.pdf https://library.oapen.org/bitstream/20.500.12657/33483/1/468331.pdf Oxford University Press 10.1093/acprof:oso/9780199683123.001.0001 10.1093/acprof:oso/9780199683123.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 OAPEN-UK open access |
| spellingShingle | european court of justice constitutionalization fidelity effectiveness sincere cooperation solidarity cohesion loyalty construction Case law Creative Commons Creative Commons license Member state of the European Union Treaty of Lisbon Treaty on the Functioning of the European Union Twenty-foot equivalent unit thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general Klamert, Marcus The Principle of Loyalty in EU Law |
| title | The Principle of Loyalty in EU Law |
| title_full | The Principle of Loyalty in EU Law |
| title_fullStr | The Principle of Loyalty in EU Law |
| title_full_unstemmed | The Principle of Loyalty in EU Law |
| title_short | The Principle of Loyalty in EU Law |
| title_sort | principle of loyalty in eu law |
| topic | european court of justice constitutionalization fidelity effectiveness sincere cooperation solidarity cohesion loyalty construction Case law Creative Commons Creative Commons license Member state of the European Union Treaty of Lisbon Treaty on the Functioning of the European Union Twenty-foot equivalent unit thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| topic_facet | european court of justice constitutionalization fidelity effectiveness sincere cooperation solidarity cohesion loyalty construction Case law Creative Commons Creative Commons license Member state of the European Union Treaty of Lisbon Treaty on the Functioning of the European Union Twenty-foot equivalent unit thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::1 Place qualifiers::1Q Other geographical groupings: Oceans and seas, historical, political etc::1QF Political, socio-economic, cultural and strategic groupings::1QFE EU (European Union) thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| url | 468331 |
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