This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Sacha Prechal is currently full-time Professor of European law at the Law Faculty of Utrecht University (Europa Institute), specializing in European administrative and constitutional law, and in the relationship between substantive and institutional law of the European Union. She has written numerous case notes and articles on EC law, in particular on EC equality law, on various aspects of the relationship and interaction between EC law and national law and on problems related to EC directives, including Directives in EC Law (OUP, 2005). She is also one of the authors of Europeanization of Public Law (Europa Law Publishing 2007). Bert van Roermund has been professor of legal philosophy at Tilburg University since 1989. After his Rousseau research, he published widely on various fundamental legal concepts and contemporary legal problems (constitutional review, democracy, European integration). His monograph on Law, Narrative and Reality (1997; also in Spanish) concluded a period of research in law and language. Since 1997 he focuses on problems of authority and representation (sovereignty, identity, normativity, reconciliation) in supra-national contexts like the European Union and the World Trade Organisation. He is currently in charge of the research programme Legislation and Identity, Strategies of Authoritative Representation (2004-2009).
Inhaltsangabe
* Binding unity in EU legal order: An Introduction * I. Observations from Legal Practice * 1: Thomas Vandamme, Sacha Prechal, Bert van Roermund and Linda Senden: Experiences from Professional Practice - some steps towards empirical research * 2: Leo Mulders: Translation at the European Court of Justice * II. Rights * 3: Michele Graziadei: Rights in the European Landscape. A Historical and Comparative Profile * 4: Sasa Beljin: Rights in European Union Law * 5: Ricardo Alonso Garcia, Leonor Moral, Carmen Plaza: EU Rights and Discretion as reflected in Spanish Public Law * 6: Sacha Prechal: Protection of Rights: How Far? * III. Discretion * 7: Roberto Caranta: On Discretion * 8: Michiel Brand: Discretion, Divergence and Unity * 9: Martina Künnecke: Divergence and the Francovich remedy in German and English courts * 10: Matthias Ruffert: ability and Flexibility in Administrative Decision Making - The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law * 11: Thomas Vandamme: Democracy and Direct Effect - EU and National Perceptions of Discretion * 12: Hans Lindahl: Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders * 13: Bert van Roermund: Laws At Cross Purposes: Conceptual Confusion and Political Divergence * IV. Policy Areas * 14: Inigo del Guayo: Binding unity and divergence while Creating a Common European culture of energy regulation * 15: Linda Senden: Conceptual Convergence and Judicial Cooperation in Sex Equality Law * 16: Emilios Christodoulidis and Ruth Dukes: On the Unity of European Labour Law * 17: Joxerramon Bengoetxea: A case of multidirectional constitutional transplant in the EU: Infra-state Law and Regionalism * V. Outlooks * 18: Niilo Jääskinen: Back to the Begriffshimmel? - A plea for an analytical perspective in European law * 19: Filomena Chirico and Pierre Larouche: Conceptual divergence, functionalism and the economics of convergence * 20: Koen Lenaerts and Tim Courthaut: Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
* Binding unity in EU legal order: An Introduction * I. Observations from Legal Practice * 1: Thomas Vandamme, Sacha Prechal, Bert van Roermund and Linda Senden: Experiences from Professional Practice - some steps towards empirical research * 2: Leo Mulders: Translation at the European Court of Justice * II. Rights * 3: Michele Graziadei: Rights in the European Landscape. A Historical and Comparative Profile * 4: Sasa Beljin: Rights in European Union Law * 5: Ricardo Alonso Garcia, Leonor Moral, Carmen Plaza: EU Rights and Discretion as reflected in Spanish Public Law * 6: Sacha Prechal: Protection of Rights: How Far? * III. Discretion * 7: Roberto Caranta: On Discretion * 8: Michiel Brand: Discretion, Divergence and Unity * 9: Martina Künnecke: Divergence and the Francovich remedy in German and English courts * 10: Matthias Ruffert: ability and Flexibility in Administrative Decision Making - The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law * 11: Thomas Vandamme: Democracy and Direct Effect - EU and National Perceptions of Discretion * 12: Hans Lindahl: Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders * 13: Bert van Roermund: Laws At Cross Purposes: Conceptual Confusion and Political Divergence * IV. Policy Areas * 14: Inigo del Guayo: Binding unity and divergence while Creating a Common European culture of energy regulation * 15: Linda Senden: Conceptual Convergence and Judicial Cooperation in Sex Equality Law * 16: Emilios Christodoulidis and Ruth Dukes: On the Unity of European Labour Law * 17: Joxerramon Bengoetxea: A case of multidirectional constitutional transplant in the EU: Infra-state Law and Regionalism * V. Outlooks * 18: Niilo Jääskinen: Back to the Begriffshimmel? - A plea for an analytical perspective in European law * 19: Filomena Chirico and Pierre Larouche: Conceptual divergence, functionalism and the economics of convergence * 20: Koen Lenaerts and Tim Courthaut: Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
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