Union européenne

Introduction

Beyond the Westphalian Paradigm

Vingt-sept États européens ont créé entre eux une Union européenne (UE) à laquelle ils ont confié certaines compétences pour atteindre des objectifs communs. Ces objectifs comprennent la promotion de la paix, le bien-être des peuples, et la promotion de certaines valeurs communes : le respect de la dignité humaine, la liberté, la démocratie, l'égalité, l'État de droit et le respect des droits de l'homme, y compris les droits des personnes appartenant à une minorité.  L'UE a aussi pour but d'offrir à ses citoyens une zone de liberté, de sécurité et de justice sans frontières intérieures, et un marché intérieur économiquement sain et durable. L'Union a mis en place une Union économique et monétaire dont la devise est l'euro. L'Union a également développé une politique étrangère et de sécurité commune. Dans ses relations avec le reste du monde, l'Union proclame et promeut ses intérêts et contribue à la protection de ses citoyens. L'Union dispose d'un cadre institutionnel qui a pour tâche de promouvoir les valeurs de l'UE, de réaliser ses objectifs, et de servir les intérêts des citoyens de l'UE et des États membres, à l'intérieur comme à l'extérieur de l'Europe. Les organes législatifs de l'UE sont le Parlement européen et le Conseil de l'Union européenne. La Commission est son organe exécutif.  La Commission veille à l'application du droit de l'Union par les États membres, et la Cour de justice de l'Union européenne, en tant qu'organe judiciaire de l'UE, veille à ce que les États membres appliquent correctement le droit de l'UE. La Banque centrale européenne veille au maintien de la valeur de l'euro et veille à la stabilité des prix dans la zone euro.

Le présent guide de recherche se veut un point de départ pour mener des recherches sur l'Union européenne. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 53a1. Union européenne généralités et le mot-matière (mots-clefs) Union Européenne permettent d'effectuer des recherches dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

Bibliographie

Reference works

Relevant books

Articles

Documents

 Periodicals, serial publications

Bibliographies

Add comments -for instance if you think we missed something, or just to express your thoughts- about the bibliography in this research guide:

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1. Droit de l'Union européenne
Droit de l'Union européenne / Francesco Martucci. - 1re édition. - Paris : Dalloz, 2017. - 914 pages. ; 24 cm. - (HyperCours) Bibliography: page 881-886. - Includes bibliographical references and index. - 2017
Keywords: European Union, European integration, Institutions and organs, Community law, Manuals,

2. Foreign Policy of the European Union
Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young. - Los Angeles ; London ; New Delhi ; Singapore ; Washington, DC ; Melbourne : SAGE, 2017. - 4 volumes. : illustrations. ; 24 cm. - (SAGE library of international relations) Includes bibliographical references and an index. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

3.
Foreign Policy of the European Union / Ben Tonra. - Los Angeles ; London ; New Delhi ; Singapore ; Washington, DC ; Melbourne : SAGE, 2017. - XXXV, 338 pages. : illustrations. ; 24 cm. - (SAGE library of international relations) Includes bibliographical references and an index. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

4.
Foreign Policy of the European Union / Ben Tonra. - Los Angeles ; London ; New Delhi ; Singapore ; Washington, DC ; Melbourne : SAGE, 2017. - 305 pages. : illustrations. ; 24 cm. - (SAGE library of international relations) Includes bibliographical references and an index. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Political economy,

5.
Foreign Policy of the European Union / Ben Tonra. - Los Angeles ; London ; New Delhi ; Singapore ; Washington, DC ; Melbourne : SAGE, 2017. - VI, 401 pages. : illustrations. ; 24 cm. - (SAGE library of international relations) Includes bibliographical references and an index. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

6.
Foreign Policy of the European Union / Ben Tonra. - Los Angeles ; London ; New Delhi ; Singapore ; Washington, DC ; Melbourne : SAGE, 2017. - 240 pages. : illustrations. ; 24 cm. - (SAGE library of international relations) Includes bibliographical references and an index. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

7. Die parlamentarische Mitwirkung an Handelsabkommen aus EU-Perspektive
Die parlamentarische Mitwirkung an Handelsabkommen aus EU-Perspektive / Werner Schroeder. - Wien : Facultas. - Pages 108-126 In: Demokratische Kontrolle völkerrechtlicher Verträge : Perspektiven aus Österreich und der Schweiz / Dr. Andreas Th. Müller und Dr. Werner Schroeder, ISBN 9783708916699: (2017), Pages 108-126. - 2017
Keywords: Austria, European Union, Free trade agreements, Trade policy, Parliaments, European Parliament,

8. Gemischte Verträge am Beispiel von Freihandelsabkommen und parlamentarische Mitwirkung in Österreich
Gemischte Verträge am Beispiel von Freihandelsabkommen und parlamentarische Mitwirkung in Österreich : ein Kommentar / Helmut Tichy. - Wien : Facultas. - Pages 127-135 In: Demokratische Kontrolle völkerrechtlicher Verträge : Perspektiven aus Österreich und der Schweiz / Dr. Andreas Th. Müller und Dr. Werner Schroeder, ISBN 9783708916699: (2017), Pages 127-135. - 2017
Keywords: Austria, European Union, Free trade agreements, Parliaments, Community law and national law,

9. Andocken der Schweiz an Handelsabkommen der Europäischen Union
Andocken der Schweiz an Handelsabkommen der Europäischen Union : Mitsprache und Demokratische Legitimation / Charlotte Sieber-Gasser. - Wien : Facultas. - Pages 136-155 In: Demokratische Kontrolle völkerrechtlicher Verträge : Perspektiven aus Österreich und der Schweiz / Dr. Andreas Th. Müller und Dr. Werner Schroeder, ISBN 9783708916699: (2017), Pages 136-155. - 2017
Keywords: Switzerland, European Union, Trade policy, Free trade agreements, Democracy,

10. Surveillance in the European Union
Surveillance in the European Union / Cristina Blasi Casagran. - New York, NY : Cambridge University Press. - Pages 642-658 In: The Cambridge Handbook of Surveillance Law / edited by David Gray and Stephen E. Henderson, ISBN 9781107137943: (2017), Pages 642-658. - 2017
Keywords: European Union, Surveillance, Privacy, Community law, Criminal investigation,

11. Information Exchanges, Diplomatic Networks an the Construction of European Knowledge in European Union Foreign Policy
Information Exchanges, Diplomatic Networks an the Construction of European Knowledge in European Union Foreign Policy / Federica Bicchi. - Los Angeles : SAGE. - Pages 1-23 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Diplomacy, Information,

12. Institutionalization, Policy Adaption and European Foreign Policy Cooperation
Institutionalization, Policy Adaption and European Foreign Policy Cooperation / Michael E. Smith. - Los Angeles : SAGE. - Pages 25-61 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

13. Building a European Diplomacy: Recruitment and Training to the EEAS
Building a European Diplomacy: Recruitment and Training to the EEAS / Mai'a K. Davis Cross. - Los Angeles : SAGE. - Pages 63-80 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Diplomacy,

14. Market Power Europe
Market Power Europe / Chad Damro. - Los Angeles : SAGE. - Pages 81-99 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

15. The EU as a Global Actor: Grand Strategy for a Global Grand Bargain?
The EU as a Global Actor: Grand Strategy for a Global Grand Bargain? / Jolyon Howorth. - Los Angeles : SAGE. - Pages 101-118 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

16. In the Face of Adversity: Explaining the Attitudes of EEAS Officials vis-à-vis the New Service
In the Face of Adversity: Explaining the Attitudes of EEAS Officials vis-à-vis the New Service / Ana E. Juncos and Karolina Pomorska. - Los Angeles : SAGE. - Pages 119-136 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, European External Action Service, Common foreign and security policy, International relations, Foreign policy,

17. EU Foreign Policy through th Lens of Practice Theory: a Different Approach to the European External Action Service
EU Foreign Policy through th Lens of Practice Theory: a Different Approach to the European External Action Service / Christian Lequesne. - Los Angeles : SAGE. - Pages 137-155 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, European External Action Service, Common foreign and security policy, International relations, Foreign policy,

18. The Normative Ethics of the European Union
The Normative Ethics of the European Union / Ian Manners. - Los Angeles : SAGE. - Pages 157-175 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Norms, Ethics,

19. When Soft Power Turns Hard: is a EU Strategic Culture Possible?
When Soft Power Turns Hard: is a EU Strategic Culture Possible? / Janne Haalan Matlary. - Los Angeles : SAGE. - Pages 177-192 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Security policy,

20. The New EU Foreign Policy System after Lisbon: A Work in Progress
The New EU Foreign Policy System after Lisbon: A Work in Progress / Antonio Missiroli. - Los Angeles : SAGE. - Pages 193-218 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007),

21. EU External Policy at the Crossroads: the Challenge of Actorness and Effectiveness
EU External Policy at the Crossroads: the Challenge of Actorness and Effectiveness / Arne Niemann and Charlotte Bretherton. - Los Angeles : SAGE. - Pages 219-234 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, Effectiveness,

22. The European External Action Service and the European Parliament
The European External Action Service and the European Parliament / Kolja Raube. - Los Angeles : SAGE. - Pages 235-250 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, European Parliament, Common foreign and security policy, European External Action Service, International relations, Foreign policy,

23. Not So Intergovernmental after All?
Not So Intergovernmental after All? : on Democracy and Integration in European Foreign and Security Policy / Helene Sjursen. - Los Angeles : SAGE. - Pages 251-269 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy, European integration, Democracy,

24. The European Challenge to Foreign Policy Analysis
The European Challenge to Foreign Policy Analysis / Brian White. - Los Angeles : SAGE. - Pages 271-297 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

25. The Early Days of the European External Action Service: a Pratitioner's View
The Early Days of the European External Action Service: a Pratitioner's View / David Spence. - Los Angeles : SAGE. - Pages 299-318 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, European External Action Service, International relations, Foreign policy,

26. The Consensus-Expectations Gap: Explaining Europe's Ineffective Foreign Policy
The Consensus-Expectations Gap: Explaining Europe's Ineffective Foreign Policy / Asle Toje. - Los Angeles : SAGE. - Pages 319-338 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 1. - 2017
Keywords: European Union, Common foreign and security policy, International relations, Foreign policy,

27. The Interaction of Deposit Insurance and Bank Resolution, in particular under the Legal Framework of the European Banking Union
The Interaction of Deposit Insurance and Bank Resolution, in particular under the Legal Framework of the European Banking Union / Olga Aloupi In: Journal of International Banking Law and Regulation = ISSN 0267-937X: vol. 33, issue 8, page 259-271. - 2018
Keywords: European Union, Banking union, Banks, Deposit, Insurances, Community law,

28. Between EU Actorness and Aid Effectiveness: the Logics of EU Aid to Sub-Saharan Africa
Between EU Actorness and Aid Effectiveness: the Logics of EU Aid to Sub-Saharan Africa / Maurizio Carbone. - Los Angeles : SAGE. - Pages 1-15 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, Sub-Saharan Africa, International relations, Foreign policy, Development aid, Effectiveness,

29. Trade and Aid?
Trade and Aid? : the Negotiated Construction of EU Policy on Economic Partnership Agreements / Ole Elgström. - Los Angeles : SAGE. - Pages 17-33 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, International relations, Foreign policy, International trade, Co-operation and partnership agreements,

30. European Union Actorness in International Institutions: Why the EU is Recognized as an Actor in Some International Institutions, but Not in Others
European Union Actorness in International Institutions: Why the EU is Recognized as an Actor in Some International Institutions, but Not in Others / Thomas Gehring, Sebastian Oberthür and Marc Mühleck. - Los Angeles : SAGE. - Pages 35-53 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, International relations, Foreign policy, International organizations, International institutions,

31. From Cooperative to Contested Europe?
From Cooperative to Contested Europe? : the Conflict in Ukraine as a Culmination of a Long-Term Crisis in EU-Russia Relations / Hiski Haukkala. - Los Angeles : SAGE. - Pages 55-73 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: Russian Federation, Ukraine, European Union, International relations, Foreign policy,

32. The Development of EU-China Relations
The Development of EU-China Relations / Fraser Cameron. - Los Angeles : SAGE. - Pages 75-89 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: China, European Union, International relations, Foreign policy,

33. The EU an NATO after Libya an Afghanistan: the Future of Euro-U.S. Security Cooperation
The EU an NATO after Libya an Afghanistan: the Future of Euro-U.S. Security Cooperation / Jolyon Howorth. - Los Angeles : SAGE. - Pages 91-101 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: Afghanistan, Libya, European Union, North Atlantic Treaty Organization, International relations, Foreign policy, Security policy,

34. The European Union and the Politics of Legitimization at the United Nations
The European Union and the Politics of Legitimization at the United Nations / Karen E. Smith. - Los Angeles : SAGE. - Pages 103-119 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, United Nations, International relations, Foreign policy, Legitimacy,

35. The EU's China Problem: a Battle over Norms
The EU's China Problem: a Battle over Norms / Ayse Kaya. - Los Angeles : SAGE. - Pages 121-141 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: China, European Union, International relations, Foreign policy,

36. More for More, Less for Less - More or Less: a Critique of the EU's Arab Spring Response à la Cinderella
More for More, Less for Less - More or Less: a Critique of the EU's Arab Spring Response à la Cinderella / Jan Claudius Völkel. - Los Angeles : SAGE. - Pages 143-160 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, Arab Spring, International relations, Foreign policy,

37. The Challenge of Cooperation: Regulatry Trade Barriers in the Transatlantic Trade and Investment Partnership
The Challenge of Cooperation: Regulatry Trade Barriers in the Transatlantic Trade and Investment Partnership / Simon Lester and Inu Manak. - Los Angeles : SAGE. - Pages 161-183 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, International relations, Foreign policy, Foreign direct investment, Trade barriers, Transatlantic Trade and Investment Partnership,

38. Normative versus Market Power Europe?
Normative versus Market Power Europe? : the EU-India Trade Agreement / Jan Orbie and Sangeeta Khorana. - Los Angeles : SAGE. - Pages 185-198 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: India, European Union, International relations, Foreign policy, International trade, International economic relations, Commercial agreements,

39. EU-China Relations and the Limits of Economic Diplomacy
EU-China Relations and the Limits of Economic Diplomacy / Michael Smith. - Los Angeles : SAGE. - Pages 199-214 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: China, European Union, International economic relations, International trade, Diplomacy,

40. The EU: Standing Aside from the Changing Global Balance of Power?
The EU: Standing Aside from the Changing Global Balance of Power? / Richard Whitman. - Los Angeles : SAGE. - Pages 215-224 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, International relations, Foreign policy, Balance of power,

41. The Rise (and Fall?) of the EU's Performance in the Multilateral Trading System
The Rise (and Fall?) of the EU's Performance in the Multilateral Trading System / Alasdair R. Young. - Los Angeles : SAGE. - Pages 225-240 In: Foreign Policy of the European Union / edited by Ben Tonra, Richard G. Whitman and Alasdair R. Young, ISBN 9781473930254: vol. 4. - 2017
Keywords: European Union, International economic relations, International trade, Multilateralism,

42. The rise of deference: The margin of appreciation and decentralized judicial review in EU free movement law
The rise of deference: The margin of appreciation and decentralized judicial review in EU free movement law / Jan Zglinski In: Common Market Law Review = ISSN 1875-8320: vol. 55, issue 5, page 1341-1385. - 2018
Keywords: European Union, Member states, Court of Justice of the European Union, Free movement, Judicial review, Margin of appreciation, Cases,

43. The Right of Defence in the Decentralized System of EU Competition Law Enforcement: A Call for Harmonization from Central and Eastern Europe
The Right of Defence in the Decentralized System of EU Competition Law Enforcement: A Call for Harmonization from Central and Eastern Europe / Maciej Bernatt, Marco Botta, Alexandr Svetlicinii In: World Competition : Law and Economics Review = ISSN 1011-4548: vol. 41, issue 3, page 309-334. - 2018
Keywords: Central Europe, Eastern Europe, European Union, European Commission, Competition, Enforcement, Community law,

44. Applying (EU) Competition Law to Online Platforms: Reflections on the Definition of the Relevant Market(s)
Applying (EU) Competition Law to Online Platforms: Reflections on the Definition of the Relevant Market(s) / Daniel Mandrescu In: World Competition : Law and Economics Review = ISSN 1011-4548: vol. 41, issue 3, page 453-483. - 2018
Keywords: European Union, European Commission, Internet, Internet providers, Abuse of a dominant position, Competition, Community law,

45. The State’s Invisible Hand: Chinese SOEs Facing EU Antitrust Law
The State’s Invisible Hand: Chinese SOEs Facing EU Antitrust Law / Julien Briguet In: Journal of World Trade = ISSN 2210-2795: vol. 52, issue 5, page 839-857. - 2018
Keywords: China, European Union, State-owned enterprises, Foreign direct investment, Cartels and monopolies, Competition,

46. The erratic behaviour of the EU ETS on the path towards consolidation and price stability
The erratic behaviour of the EU ETS on the path towards consolidation and price stability / Federico Galán Valdivieso, Villar Rubio Elena, M. Dolores Huete-Morales In: International Environmental Agreements : Politics, Law and Economics = ISSN 1573-1553: vol. 18, issue 5, page 689-706. - 2018
Keywords: European Union, Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto, 11 December 1997), Climate change, Tradable emission permits, Prices, European environmental law,

47. Régimen de la resolución alternativa y en línea de litigios de consumo trans-fronterizos tras el nuevo marco europeo y la Ley 7/2017
Régimen de la resolución alternativa y en línea de litigios de consumo trans-fronterizos tras el nuevo marco europeo y la Ley 7/2017 / Fernando Esteban De la Rosa In: Arbitraje : revista de arbitraje comercial y de inversiones = ISSN 1888-5373: vol. 10, issue 2, page 387-424. - 2017
Keywords: European Union, Consumers, Community law, Online dispute resolution, Private international law,

48. Customs Law Violations and Penalties in Europe/Where Do We Stand After fifty Years of Customs Union?
Customs Law Violations and Penalties in Europe/Where Do We Stand After fifty Years of Customs Union? / Panayota Anaboli In: Global Trade and Customs Journal = ISSN 1875-6468: vol. 13, issue 7-8, page 274-280. - 2018
Keywords: Europe, European Union, Customs union, Penalty, Customs law,

49. Harmonization of Customs Law Penalties in the European Union: Have the EU Institutions at All Realized It Is a Multilevel, Multisource Complex System? Some Reflections Based on the Italian Case
Harmonization of Customs Law Penalties in the European Union: Have the EU Institutions at All Realized It Is a Multilevel, Multisource Complex System? Some Reflections Based on the Italian Case / Davide Rovetta, Vincenzo Villante In: Global Trade and Customs Journal = ISSN 1875-6468: vol. 13, issue 7-8, page 343-346. - 2018
Keywords: European Union, Institutions and organs, Customs law, Penalty, Unification of law,

Choix de bibliothécaire

  • Closa, C. (ed.) Secession from a Member State and Withdrawal from the European Union: Troubled Membership, Cambridge, Cambridge University Press, 2017.

    Closa, C. (ed.) Secession from a Member State and Withdrawal from the European Union: Troubled Membership, Cambridge, Cambridge University Press, 2017.

    This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.

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  • Vries, C.E. de, Euroscepticism and the future of European integration, Oxford, Oxford University Press, 2018.

    Vries, C.E. de, Euroscepticism and the future of European integration, Oxford, Oxford University Press, 2018.

    This book examines the role of public opinion in the European integration process. It develops a novel theory of public opinion that stresses the deep interconnectedness between people's views about European and national politics, and suggests that public opinion cannot simply be characterized as either Eurosceptic or not, but rather consists of different types. This is important because these types coincide with fundamentally different views about the way the EU should be reformed and which policy priorities should be pursued. These types also have very different consequences for behaviour in elections and referenda. Euroscepticism is such a diverse phenomenon because the Eurozone crisis has exacerbated the structural imbalances within the EU.

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  • Hillman, J.A. and Horlick, G., (eds.), Legal aspects of Brexit: implications of the United Kingdom's decision to withdraw from the European Union, Washington, DC, Institute of International Economic Law, Georgetown Law, 2017.

    Hillman, J.A. and Horlick, G., (eds.), Legal aspects of Brexit: implications of the United Kingdom's decision to withdraw from the European Union, Washington, DC, Institute of International Economic Law, Georgetown Law, 2017.

    In Legal Aspects of Brexit, Georgetown Law professors Jennifer Hillman and Gary Horlick present an overview of many of the legal issues raised by the United Kingdom's (UK's) decision to withdraw from membership in the EU, with a particular focus on international trade issues. (...) Each paper explores what EU law, if any, would remain in place in a post-Brexit UK and what the UK can or should do to fill any holes created in their legal framework, along with an analysis of any new or different obligations placed on the EU or its institutions in a post-Brexit world. The book also contains an extensive roadmap to the many sources of information and analysis about Brexit and its implications for the UK, the EU and the rest of the world.

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  • Barnard, C. and Peers, S. (eds.), European Union Law, Oxford, United Kingdom, Oxford University Press, 2017.

    Barnard, C. and Peers, S. (eds.), European Union Law, Oxford, United Kingdom, Oxford University Press, 2017.
    • Unique multi-contributor textbook, draws together leading experts in the field to provide an introduction to the key principles and perspectives of EU law
    • Written and edited by an experienced team of academics, teachers and practitioners from across Europe
    • A consistently engaging writing style and clear structure ensures every chapter is accessible for students with no prior knowledge of EU law, while still dealing with complex issues and debates to support further study and assessment preparation
    • Critical case studies are included throughout the book, illustrating how EU law functions in practice and presenting a distillation of the key cases to help prepare students for exams and further study
    • Broad coverage ensures the text is suitable for all undergraduate EU law courses, including comprehensive coverage of institutional EU law and the four freedoms as well as chapters on more specialised areas such as competition law, EU criminal law, and health law.
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  • Kochenov, D., EU Citizenship and Federalism: the Role of Rights, Cambridge, Cambridge University Press, 2017.

    Kochenov, D., EU Citizenship and Federalism: the Role of Rights, Cambridge, Cambridge University Press, 2017.

    Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

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  • Weatherill, S., Law and Values in the European Union, Oxford, Oxford University Press, 2016.

    Weatherill, S., Law and Values in the European Union, Oxford, Oxford University Press, 2016.

    How does the EU function, and why does it function in this fashion? Why do States in Europe choose to co-operate, and how does the EU enable this co-operation? An authoritative introduction to the study of EU law, setting the EU's unique legal framework in the political and economic contexts of integration. The author explains complex legal arguments surrounding the integration of the EU in a clear, concise fashion for the newcomer to EU law.

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  • Prete, L., Infringement Proceedings in EU Law, Alphen aan den Rijn, Wolters Kluwer, 2017.

    Prete, L., Infringement Proceedings in EU Law, Alphen aan den Rijn, Wolters Kluwer, 2017.

    Infringement Proceedings in EU Law is a comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 of the Treaty on the Functioning of the European Union (TFEU). Infringement proceedings constitute a significant proportion of proceedings before the CJEU and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to fulfil an obligation under the EU Treaties. The questions confronted in this book are whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis and, if not, what changes are needed to secure that end now and in coming years.

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  • Fletcher, M., E. Herlin-Karnell & C. Matera, The European Union as an area of freedom, security and justice, London : New York, Routledge, Taylor & Francis Group, 2017.

    Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.

    As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.

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  • Guild, E., BREXIT and its Consequences for UK and EU Citizenship or Monstrous Citizenship, Leiden, Brill Nijhoff, 2017.

    This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

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  • Peers, S., EU Justice and Home Affairs Law, Oxford EU Law Library, Oxford, fourth edition, 2016.

    EU Justice and Home Affairs Law  examines in detail the EU legislation and case law on the issues of criminal law and procedure, policing and security, and civil cooperation in these areas, discussing the impact and ongoing development of EU law in these complex and controversial fields. The new edition particularly covers new EU legislation, case law, and operational developments since 2010 on: fair trials legislation; the Schengen Information System; the European Arrest Warrant; the European Investigation Order; the rights of victims of crime; and data protection. The book includes comprehensive coverage of the institutional framework and related human rights aspects, in addition to the connections with other areas of EU law. It concludes with a summary of EU civil law rules, and is updated to cover new legislation on civil jurisdiction, insolvency, small claims, and cross-border family issues.

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  • Mitsilegas, V., M. Bergström and T. Konstadinides (eds.), Research Handbook on EU Criminal Law, Cheltenham; Northampton, Edward Elgar Publishing, 2016.

    EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies, and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals.

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  • Łazowski, A. & S. Blockmans, Research handbook on EU Institutional Law, Cheltenham, Edward Elgar, 2016.

    Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

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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

  • IALL 2018 - Law in Luxembourg – Where Local Tradition Meets European and International Innovation

    From Sunday September 30th to Wednesday October 3rd, 2018, the annual conference of the International Association of Law Libraries (IALL) took place in the Grand Duchy of Luxembourg in collaboration with the Max Planck Institute for International, European and Regulatory Procedural Law (MPI LUX). The city of Luxembourg is home to many EU institutions. The Court of Justice of the European Union (CJEU) is the best-known EU institution and iconic for the development of European legislation. Luxembourg was a forerunner and a strong supporter of European political and economic integration. Robert Schumann, the famous Luxembourg citizen, stood at the cradle of European unity. The theme of this year’s IALL Conference was “the law in Luxembourg where local traditions meet European and international innovation”. On Sunday 30 September the program started with a pre-conference workshop on robots in libraries.

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  • The Theory of Democratic Integration as Philosophical Foundation for European Democracy

    On the eve the 2019 EP-elections the European Council will meet in the Romanian city of Sibiu in order to address the most pressing challenges for the EU-after-Brexit, notably the question as to how the democratic character of the Union can be strengthened. Is it at all possible for international organisations to function on a democratic footing? Against this background the collection of essays and articles about political theory and the European Union, which Richard Bellamy and Joseph Lacey have edited, has been published at a most convenient time.

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  • European Democracy and #EURoad2Sibiu

    If the Commission Juncker is to deserve a place in history, it may well be because of its efforts to democratize the EU. At the start of its term in 2014, the Commission Juncker included ‘democratic change’ in its ten policy priorities and towards the end of its time in office it has submitted a Roadmap for a more united, stronger and more democratic Union. The roadmap must lead to a meeting of the European Council in 2019 in the Romanian city of Sibiu and citizens are invited to participate in the debate via #EURoad2Sibiu.

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  • Bees at Risk: Near-total Ban of Neonicotinoids Backed by ECJ

    On Thursday 17 May 2018 the Court of Justice of the European Union backed a near-total ban of three pesticides, also called neonicotinoids (clothianidin, thiamethoxam and imidacloprid), because of their scientifically proven serious harmful effect on the health of both wild bees and honey bees. Neonicotinoids are part of a class of insecticides that damage the central nervous system of insects that result in paralysis and death.

    Bayer and Syngenta, the manufacturers of these three types of insecticides went to the Court in 2013 to stop the ban of these chemicals. But the Court dismissed “in their entirety the actions brought by Bayer and Syngenta in relation to the neonicotinoids clothianidin, thiamethoxam and imidacloprid.”

    After an extensive updated assessment which was based on more than 1,500 studies, involving wild bees (bumblebees, solitary bees) and honeybees, the European Food Safety Authority concluded that these three insecticides are harmful for bees. These pesticides can no longer be used in the open field but their use is still allowed inside permanent greenhouses.

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  • May We Have Your Consent?

    On May 25th, 2018, the General Data Protection Regulation (GDPR) will come into effect. One of the major areas of change, is that companies will need the customer’s consent for having their personal data and sending emails about newsletters. The GDPR requires that consent should be “freely given, specific, informed and unambiguous”. The Peace Palace Library like to be in accordance with the GDPR. We are keen to continue informing you and inviting you to our lectures and events in the future, but require your permission to do so. You will receive an email for your consent. Without your permission the Peace Palace Library will not be able to send you any emails with latest news, events of lectures. So if you like us to continue informing you about our services, new titles, our latest news, lectures and events, please give us your consent!

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  • EU and Mexico Reach New Agreement on Trade

    Saturday, 21 April 2018, the European Union and Mexico reached an agreement on a new free trade deal. “With this agreement, Mexico joins Canada, Japan and Singapore in the growing list of partners willing to work with the EU in defending open, fair and rules-based trade,” said European Commission President Jean-Claude Juncker. The EU and Mexico wanted to update a trade deal agreed 21 years ago that largely covers industrial goods. The European Union and Mexico agreed in 2015 to modernize their trade relations and held two rounds of talks last year. The election of U.S. President Donald Trump has reinforced Mexico’s need to reduce its reliance on the U.S. imports and exports.

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  • Revolutionary Breakthrough in EU Research

    The debate about the future of Europe has been deadlocked ever since the start of the process of European integration in the midst of the 20th century. According to one school of thought the process had to result in the emergence of a federal State of Europe, while another theory held that the participating states should aspire to form a Europe of Nation States or a Europe des Patries. Both theories underlined that there were no other options available. The present blog aims to demonstrate that both theories are outdated and have to be replaced.

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  • European Sovereignty

    As newly elected President of the French Republic, Emmanuel Macron has made his mark on the debate about the European Union by introducing the term European sovereignty. In his speech at the Sorbonne of 26 September 2017 he elaborated his vision on European sovereignty in detail. The reason why this term raises distrust among lawyers is that it contains an apparent contradiction. Sovereignty in Europe rests with the member states, not with the Union. According to the highest constitutional court of Germany, the member states are the ‘masters of the treaties’, not the Union. So, has President Macron merely launched a political slogan or will closer examination reveal that his approach gives fresh impetus to the smouldering debate about the future of Europe?

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  • Breakthrough in the Debate about the Nature of the EU

    In January 2013, PM David Cameron delivered a speech on Europe in which he announced his decision to give the people a say on British membership of the EU. His address, which triggered a series of blogs on this website about the nature of the EU, contained a remarkable dichotomy. In the ensuing debate, the EU proved to be unable to defend itself against the accusations of its opponents that it forms a ‘Fourth Reich’, a modern Leviathan or even the reincarnation of the medieval Golem of Prague.

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  • EU General Data Protection Regulation: Privacy and Data Protection revisted!

    On May 25 2018, the 1995 Data Protection Directive will be replaced by the General Data Protection Regulation (GDPR). This new regulation will have impact on the whole of the EU Zone which currently spans 28 member countries and half a billion citizens. The new regulation aims to harmonise how data is handled across the whole of the EU, but will affect organisations inside or outside the EU Zone. The data protection world has changed radically over the past 20 years. This new regulation will bring crucial changes. This blog is an introduction to this important new General Data Protection Regulation.

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  • The Blind Spot of the White Paper

    It is conventional wisdom in Brussels and the wider European Union that a good crisis should never be wasted. Since the start of this century, however, the European Union has been besieged by such a variety of crises that it seems to be haunted by its own version of the ten biblical plagues. The constitutional crisis, which had been caused by the rejection of the so-called Constitution for Europe in 2005 by the French and Dutch electorates, was solved through the Lisbon Treaty of 2007. Hardly had the new treaty entered into force or the financial or sovereign debt crisis erupted. It pushed the euro and the EU to the brink of collapse, but the migration crisis was already pressing before the euro crisis had been brought under control. This combination of crises resulted in a Crisis of Confidence between the EU and its citizens.

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  • Essay on the Future of the European Union

    The lesson of Brexit The erosion of trust in the EU has been galvanised by the Bloomsberg Speech on Europe of 23 January 2013, in which Prime-Minister David Cameron announced his intention to organise a referendum about British membership of the EU. In his speech Mr Cameron created a peculiar dichotomy, which the EU has […]

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  • The Future of the European Union after Brexit

    On March 29th Prime Minister of the United Kingdom (UK) Therese May triggered article 50 of the Treaty on the European Union (TEU) in order to withdraw the United Kingdom from the European Union (EU). Just this Tuesday (April 18th) Prime Minister May called for a snap UK election on June 8th 2017 in order to give the people of the United Kingdom a say in whether or not May’s government is acting in the right way in the Brexit negotiations. This blog analyzes some possible implications of the Brexit, according to the European Commission’s White Paper on the future of Europe in 2025.

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  • A Present for the EU at 60

    On the eve of the 60th anniversary of the Treaties of Rome, the EU seems to be besieged by problems, challenges and disasters. Recently, leading proponents of the EU expressed the belief that their Union is tormented by a modern version of the biblical plagues of Egypt. However, the EU will be well-advised to use the occasion for taking a long, hard look at itself. Notably, the way in which the EU presents itself on the Europaserver is indicative for its lack of self-confidence.

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  • After Brexit a Citizens' Declaration

    Although EU citizenship has become one of the most distinctive symbols of the European Union since its foundation in 1992, the majority of UK voters have decided to leave the EU and to relinquish their rights as citizens of the Union. As discontent in other member states is growing too, the European Council should shed new light on the relation between the EU and its citizens through the adoption of a Citizens’ Declaration at its earliest opportunity. Guest blog by Jaap Hoeksma, author of the EU-monograph: From Common Market to Common Democracy.

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  • Launching a New Article 1 Treaty on European Union

    As the late Umberto Eco already suggested, a library is not merely a collection of books, but also forms an intellectual meeting place. In the past scholars used to meet each other at the lender’s desk or in the reading room. Thanks to the digital innovations of the last decades, the Peace Palace Library blogs have become a breeding place for innovative ideas in the field of International and European Law. Thousands of visitors of the PPL-website are using the opportunity to read the weekly blogs and to contribute to development of new approaches and, indeed, of paradigm shifts.

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  • From Common Market to Common Democracy

    Almost twenty five years after its foundation in 1992 the EU has established itself as a new polity in international law with an own and distinct model of governance. Contrary to the expectations of the signatories of the Maastricht Treaty the EU has neither become a state nor a free trade zone. The EU is not a State because sovereignty in the polity remains with the member States. According to the EU Court of Justice the EU is even ‘by its very nature precluded from being regarded as a State’.

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  • Welcoming a New Model of Democracy

    Celebrating International Democracy Day on the 15th of September, the Peace Palace Library takes pleasure in announcing the emergence of a new model of democracy. Guest blogger Jaap Hoeksma continues his series of blogs about the European Union by submitting that the EU has overcome the deadlock in the debate about its future. He argues that, from a citizens’ point of view, the aim of the EU is neither to become a sovereign State of Europe nor to form a Europe of sovereign States, but rather to function as a European democracy.

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  • The EU Migration Crisis and Moral Obligations

    The European Union is currently coping with the world’s biggest migrant crisis since World War II. A record number of 107,500 migrants reached the EU’s borders last month.Large numbers of desparate migrants and refugees from the Middle East and Africa are trying to enter the European Union every day. Apart from this there are also many illegal immigrants who have entered the EU undetected. A conserable number of them have died during their attempt. According to a report of the UNHCR, around 2500 migrants who were trying to reach and enter the European Union have died or gone missing in the past year.

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  • Concretizing Transnational Democracy

    In his Models of Democracy, initially published in 2006, David Held submitted that in the 21st century democratic institutions must be developed at regional and global levels as a necessary complement to those at the level of the nation-state. A few years earlier Tony McGrew distinguished in his seminal essay on Transnational Democracy between four different accounts of transnational democracy rooted in the distinctive traditions of democratic thought, namely liberal-internationalism, radical democratic pluralism, cosmopolitanism and deliberative democracy. Whereas Held and McGrew discussed transnational democracy primarily as abstract concepts, Habermas suggested in 2014 that the European Union has to become a transnational democracy.

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  • Wine and... European Law?!

    At first glance wine and European Law don’t have to do much with each other. However, when one analyzes the relationship in depth, the legal aspects of wine have been (and still are) significantly important for the legal integration of the European Union and the creation of the common market. This blog focuses on these legal aspects in four judgments of the European Court of Justice and its predecessors.

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  • In Want of Democratic Legitimacy: Four Presidents searching for the Soul of Europe

    In the midst of the crisis concerning the place of Greece in the Economic and Monetary Union (EMU) and the European Union (EU), the European Council will discuss a report on better economic governance in the Euro Area. As the ‘analytical note’ has been drafted by the Presidents of the European Commission, the Council, the Euro Group and the ECB, the report is referred to in inner circles as the Four Presidents’ Report.

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  • The Data Retention Saga: Dutch Court Declared National Data Retention Law Invalid!

    On March 11, 2015, the district court of The Hague in the Netherlands declared the country’s 2009 Telecommunications Data Retention Act invalid. This decision was a foreseeable effect because of a previous judgement of the Court of Justice of the European Union concerning the annulment of the European Directive on data retention on April 8, 2014. It seems now that European Member States are starting to face the consequences of that annulment. The cause of this is the fact that the European judgement did not automatically make national data retention legislation invalid. I will briefly discuss the case of the Dutch national data retention law.

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  • A Soul for Europe

    There is sincere doubt as to whether it will ever be possible to define the European Union. It depends on the perspective of the beholder, which she or he is likely to conclude about the nature of the Union. The present blogger tends to simultaneously agree and disagree with the authors. He concedes that the perspective from which one investigates the European Union, may determine to a large extent the conclusions which that person is likely to draw. The purpose of this blog is to describe the Union from various perspectives in a number of different ways.

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  • The Eurasian Economic Union as a Geopolitical and Economic Counterweight to the European Union: the Case of Armenia

    The Eurasian Economic Union is the next step in Eurasian economic integration. It will function as a common market with a customs union and has the aim of providing the free movement of goods, services, capital and workforce and conducting common policies in key economic sectors, such as energy and agriculture. The EEU was established in 2014 between Belarus, Kazakhstan, and Russia. A the treaty to enlarge the EEU by including Armenia was signed in October. In this blog we’ll discuss the main reasons for Armenia to join the EEU instead of choosing the path of closer cooperation with the European Union.

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  • 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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See also

More Research guides on Organisations et Relations internationales