The Legal Effects of EU Agreements
Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention)...
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| 格式: | Online |
| 語言: | 英语 |
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Oxford University Press
2021
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| 在線閱讀: | 453475 |
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沒有標簽, 成為第一個標記此記錄!
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| _version_ | 1869520236463521792 |
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| author | Mendez, Mario |
| author_browse | Mendez, Mario |
| author_facet | Mendez, Mario |
| author_sort | Mendez, Mario |
| collection | Directory of Open Access Books |
| description | Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically. |
| format | Online |
| id | doab-20.500.12854ir-33319 |
| 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-333192025-01-23T02:21:16Z The Legal Effects of EU Agreements Mendez, Mario eu courts treaty enforcement constitutionalization member states eu level litigation cjeu domestic courts eu law eu concluded treaties Creative Commons Direct effect of European Union law European Court of Justice European Union European Union law General Agreement on Tariffs and Trade International law World Trade Organization 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::LBBM Public international law: economic and trade thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically. 2021-02-10T12:58:18Z 2013-12-31 23:55:55 2018-10-03 09:09:28 2020-04-01T14:58:41Z 2013 book 453475 OCN: 866842798 http://library.oapen.org/handle/20.500.12657/33858 https://directory.doabooks.org/handle/20.500.12854/33319 eng Oxford Studies in European Law open access image/jpeg image/jpeg image/jpeg n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/33858/1/453475.pdf https://library.oapen.org/bitstream/20.500.12657/33858/1/453475.pdf https://library.oapen.org/bitstream/20.500.12657/33858/1/453475.pdf Oxford University Press 10.1093/acprof:oso/9780199606610.001.0001 10.1093/acprof:oso/9780199606610.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 OAPEN-UK OAPEN-UK 399 open access |
| spellingShingle | eu courts treaty enforcement constitutionalization member states eu level litigation cjeu domestic courts eu law eu concluded treaties Creative Commons Direct effect of European Union law European Court of Justice European Union European Union law General Agreement on Tariffs and Trade International law World Trade Organization 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::LBBM Public international law: economic and trade thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general Mendez, Mario The Legal Effects of EU Agreements |
| title | The Legal Effects of EU Agreements |
| title_full | The Legal Effects of EU Agreements |
| title_fullStr | The Legal Effects of EU Agreements |
| title_full_unstemmed | The Legal Effects of EU Agreements |
| title_short | The Legal Effects of EU Agreements |
| title_sort | legal effects of eu agreements |
| topic | eu courts treaty enforcement constitutionalization member states eu level litigation cjeu domestic courts eu law eu concluded treaties Creative Commons Direct effect of European Union law European Court of Justice European Union European Union law General Agreement on Tariffs and Trade International law World Trade Organization 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::LBBM Public international law: economic and trade thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| topic_facet | eu courts treaty enforcement constitutionalization member states eu level litigation cjeu domestic courts eu law eu concluded treaties Creative Commons Direct effect of European Union law European Court of Justice European Union European Union law General Agreement on Tariffs and Trade International law World Trade Organization 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::LBBM Public international law: economic and trade thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general |
| url | 453475 |
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