European Union

Introduction

Europe unie construit la paix

In 2012, the European Union (EU) received the Nobel Peace Prize for its decades-long contribution to the advancement of peace and reconciliation, democracy and human rights in Europe. When the first steps towards supranational cooperation were made in the aftermath of World War II, primarily targeted at preventing the rearmament of Germany, the Founding Fathers of the European integration could never have imagined this outcome in their wildest dreams. Over the years, the supranational cooperation would widen – from the original European Communities and deepen – from the originally almost purely economically inspired Communities to the current Union with a say in almost all areas of national competence. At the same time, problems with the Euro have plunged the EU in one of the biggest crises since its inception. This challenges lawmakers to tackle difficult questions about the continued existence of the Euro and the future direction of the European integration project.
Promotion of peace is one the objective of the European integration project but also the well-being of the peoples, and the promotion of certain common values: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. The EU also aims to offer European citizens an area of freedom, security and justice without internal frontiers, and an economically healthy and sustainable internal market. The EU also developed a common foreign and security policy. In its relations with the wider world, the EU proclaims to uphold and promote its values and interests and contribute to the protection of its citizens. The EU has an institutional framework at its disposal, which has the task to promote the EU ‘s values, advance the EU’s objectives, and serve the interests of the EU citizens and Member States, both within and outside Europe. The EU’s legislative organs are the European Parliament and the Council of the European Union. The executive organ is the European Council. The European Commission oversees the application of Union law by Member States, and the Court of Justice of the European Union, being the EU’s judicial organ, ensures that Member States correctly apply EU law.

This Research Guide is intended as a starting point for research on the European Union. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code European Union in General and subject heading (keyword) European Union are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Articles

Documents

 Periodicals, serial publications

Bibliographies

 

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1. Ėkonomičeskoe pravo Evropejskogo Sojuza
Ėkonomičeskoe pravo Evropejskogo Sojuza : monografija / Ju.M. Jumašev, E.V. Postnikova. - Moskva : Norma ; Moskva : Infra-M, 2014. - 384 pages. ; 22 cm Includes bibliographical references. - 2014
Keywords: European Union, Court of Justice of the European Communities, Economic integration, Common market, Free movement, European Economic and Monetary Union,

2. Bellamy & Child Materials on European Union law of competition
Bellamy & Child Materials on European Union law of competition / ed. by Andrew Macnab. - [Seventh], 2014 edition. - Oxford : Oxford University Press, 2014. - XVII, 1635 pages. ; 25 cm Title on cover and spine: Materials on European Union law of competition. - On back cover: "This volume ... is intended to serve both as Volume II: Appendices to the seventh edition of "Bellamy & Child: European Union law of competition" and as a free-standing work of reference in its own right". - Supplement with: European Union law of competition / Bellamy & Child. - 7th ed., 2013. - First edition: 2008. - Met lit.opg. - Includes bibliographical references. - 2014
Keywords: European Union, European Community, Competition, Cartels and monopolies, Community law, Cases,

3. Droit institutionnel de l'Union européenne
Droit institutionnel de l'Union européenne / Claude Blumann, Louis Dubouis. - 5e édition. - Paris : LexisNexis, 2013. - XV, 863 pages. ; 24 cm. - (Manuel) First edition: 2004. - Bibliography: page XI-XIV. - Includes notes and index. - 2013
Keywords: European Union, Institutions and organs, Institutional law, Competence,

4. Contentieux européen
Contentieux européen / Melchior Wathelet ; avec la collaboration de Jonathan Wildemeersch. - 2e édition. - Bruxelles : Editions Larcier, 2014. - 2 volumes. : illustrations. ; 24 cm. - (Collection de la Faculté de droit de l'Université de Liège) First edition: 2010. - Includes bibliographical references and index. - 2014
Keywords: European Union, Judicial organisation, Administration of justice, Procedure, Community law, Community law and municipal law, Case-law,

5.
Contentieux européen / Melchior Wathelet. - 2e édition. - Bruxelles : Editions Larcier, 2014. - Page 548-972. ; 24 cm. - (Collection de la Faculté de droit de l'Université de Liège) First edition: 2010. - Includes bibliographical references and index. - 2014
Keywords: European Union, Judicial organisation, Administration of justice, Procedure, Documents,

6.
Contentieux européen / Melchior Wathelet. - 2e édition. - Bruxelles : Editions Larcier, 2014. - 547 pages. ; 24 cm. - (Collection de la Faculté de droit de l'Université de Liège) First edition: 2010. - Includes bibliographical references and index. - 2014
Keywords: European Union, Judicial organisation, Administration of justice, Procedure, Community law, Community law and municipal law, Case-law,

7. Legal Background
Legal Background / Chris Backes, Michael Faure and Fokke Fernhout. - Maastricht : METRO. - Page 7-15 In: Access to Justice in Environmental Matters / Michael Faure & Niels Philipsen, editors, ISBN 9789462360754: (2014), Page 7-15. - 2014
Keywords: European Union, Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998), European environmental law, Access to justice,

8. Examining the Four Options
Examining the Four Options / Chris Backes, Michael Faure and Fokke Fernhout. - Maastricht : METRO. - Page 17-21 In: Access to Justice in Environmental Matters / Michael Faure & Niels Philipsen, editors, ISBN 9789462360754: (2014), Page 17-21. - 2014
Keywords: European Union, Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998), European environmental law, Access to justice,

9. Controlled Juridification in Spain
Controlled Juridification in Spain : Case Study of the Spanish Constitutional Court's Declarations on the Maastricht and Lisbon Treaties / Pablo José Castillo Ortiz. - Den Haag : ELF, European Liberal Forum. - Page 11-22 In: Juridification in Europe : the Balance of Powers under Pressure? / Charlotte Maas (editor), ISBN 9789073896550: (2012), Page 11-22. - 2012
Keywords: Spain, European Union, Constitutional Court, Treaties, Community law and municipal law,

10. The Influence of EU Law on National Legal Systems
The Influence of EU Law on National Legal Systems / Matej Accetto. - Den Haag : ELF, European Liberal Forum. - Page 79-94 In: Juridification in Europe : the Balance of Powers under Pressure? / Charlotte Maas (editor), ISBN 9789073896550: (2012), Page 79-94. - 2012
Keywords: European Union, Member states, Community law and municipal law,

11. Die Grenzen des Vorrangs des Unionsrechts - Zur Vereinheitlichung von Grundrechts-, Ultra-vires- und Identitätskontrolle
Die Grenzen des Vorrangs des Unionsrechts - Zur Vereinheitlichung von Grundrechts-, Ultra-vires- und Identitätskontrolle / Professor Dr. Hans-Georg Dederer In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 7, page 313-322. - 2014
Keywords: Germany, European Union, Competence, Human rights, National identity, Constitutionalism, Democracy, Community law and municipal law, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007),

12. Kompetenzdenken als Legitimationsdenken
Kompetenzdenken als Legitimationsdenken : zur Ultra-vires-Kontrolle im rechtspluralistischen Umfeld / Professor Dr. Martin Nettesheim In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 12, page 585-592. - 2014
Keywords: European Union, Institutions and organs, Competence, Member states,

13. Entwicklungslinien des europäischen Kapitalmarktrechts
Entwicklungslinien des europäischen Kapitalmarktrechts : vom Ende der Nachkriegszeit bis zu den Reaktionen auf die Finanzkrise 2007/08 / Professor Dr. Rüdiger Wilhelmi In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 14, page 693-703. - 2014
Keywords: Europe, European Union, Financial services, Securities, Financial markets, Economic crisis,

14. La surveillance et la défense de l'espace aérien européen
La surveillance et la défense de l'espace aérien européen / Bruno Mignot, Christophe Vivier In: Revue défense nationale = ISSN 1950-3253: issue 771, page 89-94. - 2014
Keywords: European Union, Surveillance operations, Defence policy, Common foreign and security policy, Airspace, Aviation security, North Atlantic Treaty Organization, Collective security,

15. Auf dem Weg zur Europäischen Staatsanwaltschaft
Auf dem Weg zur Europäischen Staatsanwaltschaft / Professor Dr. Edward Schramm In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 15-16, page 749-758. - 2014
Keywords: European Union, European prosecutor, European criminal procedure, European criminal law,

16. Rechte des Unternehmers und Pflichten des Verbrauchers nach Umsetzung der Richtlinie über die Rechte der Verbraucher
Rechte des Unternehmers und Pflichten des Verbrauchers nach Umsetzung der Richtlinie über die Rechte der Verbraucher / Professor Dr. Raphael Koch In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 15-16, page 758-764. - 2014
Keywords: Germany, European Union, Sale, Consumers, Directives, Individual rights and duties, European contract law,

17. Die Anwendung nationaler Rechtsvorschriften durch Unionsorgane - ein Konstruktionsfehler der europäischen Bankenaufsicht
Die Anwendung nationaler Rechtsvorschriften durch Unionsorgane - ein Konstruktionsfehler der europäischen Bankenaufsicht / Dr. Enrico Peuker In: Juristenzeitung = ISSN 0022-6882: vol. 69, issue 15-16, page 764-771. - 2014
Keywords: Europe, European Union, Banks, Monitoring, Banking law, European Central Bank, Central banks, Community law and municipal law, Subsidiarity,

18. Profili recenti in tema di Organismi geneticamente modificati nel settore agroalimentare fra procedure di comitato e tutela giurisdizionale
Profili recenti in tema di Organismi geneticamente modificati nel settore agroalimentare fra procedure di comitato e tutela giurisdizionale / Francesco Rossi dal Pozzo In: Diritto del commercio internazionale = ISSN 1593-2605: vol. 28, issue 2, page 339-396. - 2014
Keywords: European Union, Agricultural products, Genetically modified organisms, Comitology, Community law,

19. La nuova procedura di adozione degli atti agrari dopo "Lisbona": verso una nuova "governance" in materia di politica agricola comune?
La nuova procedura di adozione degli atti agrari dopo "Lisbona": verso una nuova "governance" in materia di politica agricola comune? / Giulio Peroni In: Diritto del commercio internazionale = ISSN 1593-2605: vol. 28, issue 2, page 463-478. - 2014
Keywords: European Union, Agriculture, Common Agricultural Policy, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007),

20. Damages Rules in the Common European Sales Law and in the Principles of European Tort Law (Professor Dr. Bruno Zeller Festschrift)
Damages Rules in the Common European Sales Law and in the Principles of European Tort Law (Professor Dr. Bruno Zeller Festschrift) / by Ulrich Magnus In: International Trade and Business Law Review = ISSN 1836-8573: vol. 17, issue 1, page 224-240. - 2014
Keywords: European Union, European private law, Torts, Sale, Damages, Non pecuniary damage,

21. The Impact of Primary EU Law on Private Law Relationships: Horizontal Direct Effect under the Free Movement of Goods and Services
The Impact of Primary EU Law on Private Law Relationships: Horizontal Direct Effect under the Free Movement of Goods and Services / Paul Verbruggen In: European Review of Private Law = ISSN 1875-8371: vol. 22, issue 2, page 201-216. - 2014
Keywords: European Union, Free movement, Goods, Services, Direct effect, European private law, Community law,

22. Same-Sex Couples and the Harmonisation of EU Matrimonial Property Regimes: Unjustifiable Discrimination or Missed Opportunities
Same-Sex Couples and the Harmonisation of EU Matrimonial Property Regimes: Unjustifiable Discrimination or Missed Opportunities / Stuart Davis In: Child and Family Law Quarterly = ISSN 1358-8184: vol. 25, issue 1, page 19-39. - 2013
Keywords: European Union, Great Britain, Community law and municipal law, Same sex marriage, Sexual orientation, Registered partnership, Marital property, Charter of Fundamental Rights of the European Union,

23. Understanding Resistance to the EU Fundamental Rights Policy

24. Fundamental Rights: An Unsettling EU Competence
Fundamental Rights: An Unsettling EU Competence / Elise Muir In: Human Rights Review = ISSN 1874-6306: vol. 15, issue 1, page 25-37. - 2014
Keywords: European Union, Court of Justice of the European Communities, Human rights, Community law, Charter of Fundamental Rights of the European Union, Competence, Community law and municipal law,

25. National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape
National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape / Maartje de Visser In: Human Rights Review = ISSN 1874-6306: vol. 15, issue 1, page 39-51. - 2014
Keywords: European Union, Court of Justice of the European Communities, Human rights, Community law, Charter of Fundamental Rights of the European Union, Constitutional Court, Constitutional law, Community law and municipal law,

26. Religion and Fundamental Rights in European Politics: Convergences and Divisions at the European Parliament
Religion and Fundamental Rights in European Politics: Convergences and Divisions at the European Parliament / François Foret In: Human Rights Review = ISSN 1874-6306: vol. 15, issue 1, page 53-63. - 2014
Keywords: European Union, Human rights, Community law, Secularisation, Religion, Freedom of thought, conscience and religion, European Parliament,

27. Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Challenges
Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Challenges / Carlo Ruzza In: Human Rights Review = ISSN 1874-6306: vol. 15, issue 1, page 65-81. - 2014
Keywords: European Union, Civil society, Human rights, Racial discrimination, Xenophobia,

28. EU Fundamental Rights Policy as a Source of Euroscepticism
EU Fundamental Rights Policy as a Source of Euroscepticism / Cécile Leconte In: Human Rights Review = ISSN 1874-6306: vol. 15, issue 1, page 83-96. - 2014
Keywords: European Union, Charter of Fundamental Rights of the European Union, Human rights, Community law, Community law and municipal law, Politics, Democracy,

29. Surveying the Foundations: Article 80 TFEU and the Common European Asylum System
Surveying the Foundations: Article 80 TFEU and the Common European Asylum System / Harriet Gray In: Liverpool Law Review = ISSN 1572-8625: vol. 34, issue 3, page 175-193. - 2013
Keywords: European Union, Immigration, Refugees, Asylum, Solidarity, Responsibilities, Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (Dublin, 15 June 1990),

30. Emerging from the Chrysalis: Union Citizenship Must Escape its Nationality-Based Shortcomings
Emerging from the Chrysalis: Union Citizenship Must Escape its Nationality-Based Shortcomings / Julia Bradshaw In: Liverpool Law Review = ISSN 1572-8625: vol. 34, issue 3, page 195-215. - 2013
Keywords: European Union, Citizenship, Refugees, Statelessness, Nationality,

31. The EU or France? The CSDP Mission in Mali the Consistency of the EU Africa policy
The EU or France? The CSDP Mission in Mali the Consistency of the EU Africa policy / Julia Bradshaw In: Liverpool Law Review = ISSN 1572-8625: vol. 34, issue 3, page 217-240. - 2013
Keywords: Mali, European Union, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007), Sub-Saharan Africa, Foreign policy, Common security and defence policy,

32. EU Criminal Law in National Courts: Breaking the Monopoly?
EU Criminal Law in National Courts: Breaking the Monopoly? / Bleddyn Davies In: Liverpool Law Review = ISSN 1572-8625: vol. 34, issue 3, page 241-259. - 2013
Keywords: European Union, Court of Justice of the European Communities, European criminal law, Community law and municipal law, Sovereignty, Direct effect,

33. EU Merger Control: From Separate Jurisdictional Zones to a More Cooperative Architecture—A Possible Way Forward?
EU Merger Control: From Separate Jurisdictional Zones to a More Cooperative Architecture—A Possible Way Forward? / Leigh M. Davison In: Liverpool Law Review = ISSN 1572-8625: vol. 34, issue 2, page 105-122. - 2013
Keywords: European Union, Competition, Concentrations,

Librarian's choice

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  • Steiner, J., L. Woods and P. Watson, Steiner and Woods EU Law, Oxford, Oxford University Press, 2014. Showcase item

    Steiner, J., L. Woods and P. Watson, Steiner and Woods EU Law, Oxford, Oxford University Press, 2014.

    Steiner & Woods EU law is fully updated and revised to reflect the latest case law and debates in EU law including new discussion of Pringle and the Eurozone crisis and the accession of Croatia to the EU. The book features extensively revised and restructured coverage of competition law and enforcement, includes substantially revised chapters on citizenship and discrimination, taking account of the fast-moving case law in these areas. The book features additional case detail and improved presentation of key facts and judgments. Now in its twelfth edition, Steiner & Woods EU Law is rightfully regarded as one of the best and most trusted EU law textbooks available. The book includes a well-balanced range of topics for students taking an EU law course at any level. It offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly for student readers, as well as raising areas of debate to inform class discussion and essays.The case detail is clearly sign-posted throughout the text, including excerpts from leading judgements, while diagrams distil complex tests and procedures to visually represent the workings of the EU. End of chapter reading suggestions plus a detailed bibliography provide a helpful starting point for essay preparation and independent research. The book is accompanied by a free Online Resource Centre (www.oxfordtextbooks.co.uk/orc/steiner_woods12e/).

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  • Klamert, M., The Principle of Loyalty in EU Law, Oxford, Oxford University Press, 2014.

    Klamert, M., The Principle of Loyalty in EU Law, Oxford, Oxford University Press, 2014.

    Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. 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, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle’s role in the shaping of EU law. It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of the European Court of Justice, and highlights its central importance to understanding EU public law.

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  • Glencross, A., The Politics of European Integration : Political Union or a House Divided?, Chichester, Wiley Blackwell, 2014.

    Glencross, A., The Politics of European Integration : Political Union or a House Divided?, Chichester, Wiley Blackwell, 2014.

    This book is a systematic, up-to-date exploration of the politics of European integration that includes balanced coverage of the strengths and weaknesses of the European Union. The book examines European integration as a contested political process that continues to divide and inspire nations, citizens, and politicians.  The book also provides students with the analytical tools to consider why the EU functions as it currently does, whether the EU is sufficiently democratic, the politics behind EU legislation, debates over foreign policy, proposals for institutional reform, and the Eurozone sovereign debt crisis. Finally the book brings together the latest scholarly research from comparative politics, international relations, law, and democratic theory.

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  • Lenaerts, K., Maselis, I., Gutman, K., EU Procedural law, Oxford, Oxford University Press, 2014.

    Lenaerts, K., Maselis, I., Gutman, K., EU Procedural law, Oxford, Oxford University Press, 2014.

    The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which ndividuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.

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  • Jacob, M., Precedents and Case-based Reasoning in the European Court of Justice : Unfinished Business, Cambridge, Cambridge University Press, 2014.

    Jacob, M., Precedents and Case-based Reasoning in the European Court of Justice : unfinished Business, Cambridge, Cambridge University Press, 2014.

    Past cases are the European Court of Justice’s most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob’s detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the court’s precedent technique. In doing so, he moves the wider debate beyond received ‘common law’ versus ‘civil law’ figments and ‘Eurosceptic’ versus ‘Euromantic’ battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.

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  • Hobolt, S.B., Tilley, J., Blaming Europe? : Responsibility without Accountability in the European Union, Oxford, Oxford University Press, 2014.

    Hobolt, S.B., Tilley, J., Blaming Europe? : Responsibility without Accountability in the European Union, Oxford, Oxford University Press, 2014.

    A key component of democratic accountability is that citizens understand ‘who is to blame’. Nonetheless, little is known about how citizens attribute responsibility in the European Union or how those perceptions of responsibility matter. This book presents the first comprehensive account of how citizens assign blame to the EU, how politicians and the media attempt to shift blame and finally, how it matters for electoral democracy. Based on rich and unique data sources, Blaming Europe? sheds light on all three aspects of responsibility in the EU. First, it shows that while institutional differences between countries shape citizen judgements of EU responsibility, those judgements are also highly determined by pre-existing attitudes towards the EU. Second, it demonstrates that neither politicians nor the media assign much blame to the EU. Third, it establishes that regardless of whether voters are capable of accurately assigning responsibility, they are not able to hold their EU representatives to account via the ballot box in European elections due to the lack of an identifiable ‘European government’ to reward or punish. As a consequence, when citizens hold the EU responsible for poor performance, but are unable to sanction an EU incumbent, they lose trust in the EU as a whole instead. In conclusion, it argues that this ‘accountability deficit’ has significant implications for the future of the European Union.

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  • Peers, S., Harvey, T. Kenner, J. and A. Ward (eds), The EU Charter of Fundamental Rights : a Commentary, Oxford and Portland, Oregon, Hart Publishing, 2014.

    Peers, S., Harvey, T. Kenner, J. and A. Ward (eds), The Eu charter of fundamental rights : a commentary, Oxford and Portland, Oregon, Hart Publishing, 2014.

    The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into
    force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU’s courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter’s institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important ‘Explanations’.

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  • Dörr, O. (Hrsg.), Staatshaftung in Europa : nationales und Unionsrecht, Berlin, De Gruyter, 2014.

    Dörr, O. (Hrsg.), Staatshaftung in Europa : nationales und Unionsrecht, Berlin, De Gruyter, 2014.

    This reference work provides a systematic presentation of the liability systems in EU member states for the first time. Similarities and differences between EU states’ various legal systems are presented and also explained in terms of Union Law. In addition, approaches to establishing a uniform state liability law in the future are outlined. This work includes, on the one hand, more than twenty reports about the state liability systems in the individual member states; on the other hand, comprehensive specialized report explain the entire European context and present comparative conclusions on the individual specialized topics. Based on the synopsis of the state liability systems together with the current state of Union liability as developed in case law, the law on state liability in the EU is extensively analyzed and its capability to develop based on general legal principles is defined.

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Database

EUR-Lex provides free access to European Union law and other documents considered to be public. The collection  include  treaties, international agreements, legislation in force, preparatory acts, case-law and parliamentary questions.

The European e-Justice Portal implemented by the Commission in very close cooperation with EU countries, provides a wealth of information and links on laws and practices in all EU countries. The resources range from information on legal aid, judicial training, European small claims and videoconferencing to links to legal databases, online insolvency and land registers. It also includes user-friendly forms for various judicial proceedings, such as the European order for payment. The portal benefits citizens, businesses, lawyers and judges with cross-border legal questions and boosts mutual understanding of different legal systems by contributing to the creation of a single European area of justice.

Blogs

  • The Identity of the European Union

    The question concerning the nature of the EU has been one of the most contested political and academic issues of the last fifty years. From the outset, the debate about European integration has been dominated by the dilemma as to whether the project should result in the emergence of a sovereign state of Europe or in the formation of a Europe of sovereign states. This line of thought leads to the suggestion that, anno 2014, the identity of the EU may be described with the following words: the EU is a Union of citizens and member states which functions as a common democracy.

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  • European Court of Justice Clarification of the Research and Private Study Exception to Copyright Infringement for Libraries

    On Thursday 11 September 2014, the European Court of Justice ruled on the meaning of the research and private study exception to copyright infringement for libraries, educational establishments, museums and archives. The Court decided that libraries are allowed to digitise books and make them available to the public at e-reading points within its vicinity, without the author’s permission. The judgment was issued in Case C-117/13, Technische Universität Darmstadt v Eugen Ulmer KG.

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  • Connecting Habermas with International Law

    The financial crisis has intensified the debate about the feasibility of the European Union as a new phenomenon in international law. In his essay ‘On Europe’s Constitution’, philosopher Jürgen Habermas underlines that he regards the EU as a step in the direction of a politically constituted world order. In an 2012 interview Habermas focuses on the conceptual challenges of the EU by asking the quintessential question: How should we imagine a for closer co-operation necessary, supranational association which complies with stringent demands of democratic legitimacy without assuming the shape of a state?

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  • ECJ Judgment: Private Copying Levy Cannot Include Copies Made from Unlawful Sources!

    The European Court of Justice has been pretty busy the past weeks. On Tuesday, April 8th 2014, the Court has declared the Data Retention Directive invalid from the date on which the directive entered into force. On Thursday, April 10th 2014, the Court has given its verdict on a complicated Dutch case involving the home-copying exception of European copyright legislation, and the associated use of copyright levies on blank media.

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  • The Origins of EU and EMU: Towards a Post-Westphalian Paradigm

    The theoretical hallmark of the European Union is its flexible approach to sovereignty. According to the Westphalian system of international relations which forms the prevailing paradigm in international law and lies at the heart of the organisation of the United Nations, sovereignty is one and indivisible. States are sovereign and without sovereignty there is no State. Guest blog by Jaap Hoeksma, Philosopher of Law, Director of Euroknow and Creator of the Boardgame Eurocracy.

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  • Exit Data Retention Directive: a Victory for Privacy in Europe!

    Last Tuesday, April 8, the European Court of Justice in Luxembourg has declared the Data Retention Directive (Directive 2006/24/EC, 15 March 2006) invalid from the date on which the directive entered into force. In the view of the Court, the requirement in the Data Retention Directive for mobile operators and internet service providers to retain data interfered in a “particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data”.

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  • Europe: Backwards or Forwards?

    In an apocalyptic essay, written at the height of the euro-crisis in 2012, Joseph Weiler predicted that the European Union will turn on its member-states in a similar way as the Golem of Prague persecuted its creators in the 16th century. The author paves the way for this conclusion by attributing a dimension of ‘political messianism’ to the statements of the founding fathers, which turns the Schuman-declaration into a roadmap to ‘the Promised Land’. As messianic narratives are doomed to collapse, the European project is set to disappoint and alienate the populace as well. Consequently, the EU creates the conditions for its own destruction.

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  • Beyond the Westphalian Paradigm

    For decades, the process of European integration has been hampered by the predominance of the Westphalian system of international relations. According to this system, which owes its name to the 1648 Peace of Westphalia, the process of European integration had to result either in the creation of a federal European state or in the establishment of a confederal union of states. Founded in 1992, the EU defied the Westphalian paradigm from the outset.

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  • Ukraine, Moving East or West?

    Although Yanukovych has claimed many times to seek good ties with Russia and the EU simultaneously, it seems that by refusing to sign the Association Agreement (AA) and Deep and Comprehensive Free Trade Agreement (DCFTA) with the EU last November, the power balance is tipping towards Russia. As an alternative to further EU integration, Russia has been actively promoting Ukraine to join the Russian-led Customs Union with Belarus and Kazakhstan, which in the future could progress towards a further integrated Eurasian Union.

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  • Back to or Beyond Westphalia?

    The Italian banker and politician Padoa-Schioppa used to describe Great-Britain as the Venice of Europe. Drawing a comparison between the Italian unification in the 19th century and the present process of European integration, Padoa-Schioppa suggested that the UK is and will remain as reluctant to give up the pound in favour of euro as Venice has been to join the Italian lira. The implication of the comparison is, of course, that, however grudgingly, in the end the UK will accept the common European currency as well.

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  • The European Union as a Common Democracy

    As a young democracy the EU urgently needs to strengthen its legitimacy and accountability. The transition from a traditional union of nation states to a polity of citizens and member states requires a fundamental adjustment of governance structures. The primordial challenge for the coming decades is therefore to address the democratic deficit and to turn the EU into a living democracy.

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  • A Union of States and Citizens: The Emergence of a New Term in International Law

    On June 28th 2011 Peter Kooijmans participated in a conference about the place of the EU in international law, which was held in the Academy Hall of the Peace Palace under the auspices of the T.M.C. Asser Instituut and the Carnegie Foundation. According to a blog on this website, one of the participants started the debate on the presumption that ‘the EU is a thing for which lawyers have no name’.

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  • Cameron and the Intricacies of the Westphalian System of International Relations

    In his long-awaited speech on Europe British Prime Minister David Cameron criticised the EU for its lack of democracy. PM Cameron is right insofar as the citizens of the EU can’t elect their own European government and miss the power to vote their leaders out of office. However, Cameron’s criticism would only be justified if the EU were to be considered as a sovereign state like the UK, France or Germany.

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  • The EU and the Nobel Peace Prize: Who will say thank you?

    European Council President Herman Van Rompuy or Jose-Manuel Barroso, President of the European Commission or Martin Schulz, President of the European Parliament? Together they will fly to Oslo on December 10 to represent the main institutions of the EU at the acceptance ceremony for the Nobel Peace Prize 2012.

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  • The Novelty of the EU

    For decades, the debate about the future of the European Union has been dominated by the dilemma whether the EU was to become a federal state or should establish itself as a union of states. After the entry into force of the Lisbon Treaty, however, it may be suggested that the deadlock in the debate about the finalité politique has been broken. The gist of this blog is to argue that the Lisbon Treaty construes the EU as a democracy without turning the Union into a state. This conclusion can be underpinned as follows.

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  • Internet governance 2012: Who should control the Internet?

    In the last twenty years, the Internet has had a tremendous impact on society and the term “Internet governance” was introduced. At first it was mainly used to describe the technical management of the Internet such as domain names and internet protocols. Nowadays governance refers to questions like “Do we all accept our responsibilities to safeguard the continued development of the Internet as a global, open and safe virtual environment? and Who sets the rules? In this blog I will give a few highlights of the current developments of internet governance on an International and (as well as on) an European level.

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  • The EU as a democratic polity in international law

    On June 28, 2011 a conference was held about The European Union (hereafter EU) as a Polity in International Law at the Academy Hall of the Peace Palace, The Hague, The Netherlands. The conference was held at the initiative of Mr. Jaap Hoeksma, Director of Euroknow. This initiative was supported by Dr P. H. Kooijmans, Prof Dr L-J Brinkhorst, Dr W.F. van Eekelen, Dr W.van Gerven and Dr Th. van Boven.

    The theme of the conference was the legal status of the European Union and its relationship with international law.From its inception, the main goal of the European Union and its integration in the legal as well as political systems of the Member states has been faced with conceptual problems regarding the final goal of the establishment of the European Union. The purpose of the conference was to discuss whether the Lisbon Treaty has overcome the problems by constructing the EU as a democratic polity without turning the Union into a state. If so, what are the consequences for the place of the EU as a polity in international law and for its role in international relations?

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  • European nuclear safety after the Japanese Fukushima disaster

    On Friday 11 March 2011, Japan was struck by a devastating earthquake and tsunami, also known as the Tōhoku earthquake. Japan’s nuclear crisis that was caused by the earthquake and tsunami has so far evoked many questions and worries about the safety of nuclear energy just like the Chernobyl disaster evoked responses in the 1980s. It raises questions about the possible impact of nuclear energy industry on safety and health. Several European countries have discussed the use of nuclear energy and safety measures or have temporarily shut down nuclear reactors since the Japanese earthquake of 11 March 2011.

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  • International and European criminal measures on intellectual property rights

    On October 2, 2010, the 11th and final round of the negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) was concluded successfully in Tokyo, Japan. The Government of Japan hosted the negotiations. Participants in the negotiations included Australia, Canada, the European Union (EU) – represented by the European Commission and the EU Presidency (Belgium) and the [...]

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  • Roma Rights in the European Union.

    In July 2010, The French government decided to begin to expel Roma’s, mainly from Romania and Bulgaria, as many of them were living in France illegally. This decision caused much controversy within the Institutions of the EU. This blog will briefly discuss in what way EU institutions have responded to recent Roma issues and what can be done to improve the position of this marginalized community in Europe.

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  • EU Enlargement Strategy and Progress Reports 2009

    On 14 October 2009 the European Commission adopted its annual strategy document explaining its policy on EU enlargement. The document includes also a summary of the progress made over the last twelve months by each candidate and potential candidate: Croatia, the former Yugoslav Republic of Macedonia, Turkey, as well as Albania, Bosnia and Herzegovina, Montenegro, [...]

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  • The European Union’s ‘ContraFake’ policy

    Counterfeiting, which represents 5 to 7% of world trade, has implications on the competitiveness of EU companies, on jobs and on the health and security of EU citizens. László Kovác, European Commissioner in charge of Taxation and Customs Union, states his vision on the fight against counterfeiting as follows. ‘Customs have a vital role [...]

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