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EUROPEAN LAW

European Union law is a system of rules operating within the member states of the European Union. Since the founding of the Coal and Steel Community after World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".

The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, unanimously agreed by the governments of 27 member states. New members may join, if they agree to play by the rules of the organisation, and existing members may leave according to their "own constitutional requirements".

People are entitled to participate through the Parliament, and their national governments in shaping the legislation the EU makes. The Commission has the initiative for legislation, the Council of the European Union represents member-state governments, the Parliament is elected by European citizens, while the Court of Justice is meant to uphold the rule of law and human rights.

As the Court of Justice has said, the EU is "not merely an economic union" but is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples".

Recent publications:

Oktober 2019
542 pagina's
Redacteur; Ramona Grimbergen/Aniel Pahladsingh
ISBN: 9789462405455

 

The Charter of Fundamental Rights of the European Union (‘Charter’) lists 50 fundamental rights that apply to dignity, freedom, equality, solidarity, citizenship and justice in the European Union (‘EU’). Since the entry into force of the Lisbon Treaty on 1 December 2009, the Charter has been legally binding on the institutions of the EU and on Member States, only when they are implementing Union Law. The Charter exists 10 years. Several questions about the Charter have been clarified, such as the status of the Charter and the significance of the Charter on national legal orders. There is a vast amount of case law of the Court of Justice of the European Union in which the Charter has proven its value, and national courts are increasingly applying the Charter in national proceedings too. Although many questions have already been addressed, the Charter is still in full development and questions remain about the scope of the Charter, the interpretation of ‘new’ fundamental rights included in the Charter; the restrictions that are possible to fundamental rights deriving from the Charter; and the relation with the European Convention on Human Rights. Ultimately, it is up to the domestic courts to interpret the Charter; not only the Court of Justice of the European Union, but also the national judge increasingly is confronted with the Charter. With the publication of this book, a further dimension is provided to the discussion and development concerning fundamental rights protection in the EU and national practice. With the contributions present in this bundle, developments are closely followed in the triangle Luxembourg-Brussels-Strasbourg. This collection aims to provide guidance to practice and academics. The publication contains annotated judgments of the Court of Justice of the European Union from the period 2016-2018, commenting on landmark cases in which the Charter was central to the dictum of the Court of Justice of the European Union.


The Case Bundesverfassungsgericht versus EU Court of Justice; Can the EU function as a democracy without forming a State?

Jaap Hoeksma

ISBN: 9789462406070 (softcover/paperback)

2020

The Case BVerfG v EUCoJ portrays the clash between the German Constitutional Court and the Court of Justice of the European Union as a collision between two competing visions or Weltanschauungen. While the views of the BVerfG are firmly rooted in the traditional approach, known as the Westphalian system of International Relations, the EU Court of Justice takes the emerging European model of Transnational Governance as its point of departure. The stakes could hardly be higher. The debate between the two Courts focuses on the question whether or not the EU can function as a democracy without forming a state.
In addressing this pivotal question the author introduces the theory of democratic integration as a contemporary political philosophy for the EU. The novelty of the new theory is that it substitutes the civic perspective of democracy and the rule of law in the study of the EU for the diplomatic paradigm of states. The theory of democratic integration holds that, if two or more democratic states agree to share sovereignty in a number of fields with a view to attain common goals, their organization should be democratic too.
The author suggests that the 2007 Lisbon Treaty construes the EU as a dual democracy, in which both the member states and the Union have to comply with stringent demands of democracy and the rule of law. He argues that, although the competences of the European Parliament are far from complete, the EU is gradually outgrowing its notorious democratic deficit and is slowly but steadily on its way to become a democratic Union of democratic States.
This booklet bears all the hallmarks of its genesis. The author started his journey after the corona lockdown had confined him to his study. When he had almost completed the first draft of his text, the Bundes Verfassungs Gericht gave its verdict on the ECB, thereby offering the author the chance to re-write his discourse in terms of a tectonic collision between two schools of thought. May it serve to overcome the philosophical deficit of the EU too by providing the Union with an own and distinct theory for its functioning as a European democracy.


European Democracy

Blogs, Tweets & Treatises
Jaap Hoeksma


ISBN: 978-94-6240-531-8 (softcover/paperback)
ISBN: 978-94-6240-532-5 (.epub)

2019

 

European Democracy is a new concept, which requires an own and distinct political philosophy. The Theory of Democratic Integration informs the functioning of the EU as a European democracy. It introduces the primary principle of transnational democracy, which holds that, if two or more democratic states agree to share the exercise of sovereignty in a number of fields with a view to attain common goals, their organisation should be democratic too.

The Theory of Democratic Integration (TDI) contains the most significant breakthrough in political theory since the 17th century as it substitutes the civic perspective of democracy and human rights in the study of the EU for the Westphalian paradigm of states. While the process of European integration has started originally as a co-operation between states, it has evolved over the decades towards an unprecedented Union of States and Citizens. Since the decisions taken by the EU on a daily basis are affecting the lives of over 400 million citizens, the study of the EU can no longer be conducted on the basis of the perspective of states.

The academic achievement of the new theory is that it breaks the deadlock in the debate about the Nature of the EU and the Future of Europe. Though political scientists and philosophers of law continue to argue that the European Union cannot be defined, the TDI portrays the EU in plain and simple terms as a Union of States and Citizens, which increasingly functions as a European democracy. While it is currently evolving from an organisation of democratic states to a transnational democracy, the aim of the EU is to become the first democratic regional organisation in the world.

 


FROM COAL AND STEEL TO CONSUMER PROTECTION
Beyond Cross-Border Situations

(2 volumes)

Giulia Scartoni (ed.)

 

European Consumer Law
ISBN: 978-94-6240-553-0 (Softcover/paperback)
ISBN: 978-94-6240-599-8 (PDF)

2020

This series aims to provide the readers an overview of the consumers’ protection in EU law trough the most relevant situations where the weaker parties normally are involved. Trough the analysis of the sources of law, together with reports of land mark case law from the European Court of Justice as well, consumers will find a straightforward guide to learn about their rights in certain day-to-day situations, while the legal professionals in general can easily find a list of consumer laws and case law.

Consumer law is indeed one of the biggest and most actual area of law that keeps growing up quickly because of the fast implementation of the services that are provided on the global market. The demand of new services has indeed become bigger day by day. This requires new providers as well and so new law to protect the consumers from abuses in an area where they are the weaker party. That is also why European Union has established a  consumer policy programme for an always better consumer protection.

The impact of EU Law on national systems of law is huge. Many national laws are indeed the application of EU secondary law, i.e. directives and regulations. At the same time, it is also important to always keep an eye on the European Court of Justice case law (ECJ). This series consists of multiple volumes. The first one is general and concerns the European law system and its legal basis, related to a general historical overview of consumer protection and the actual consumer policy.

Giulia Scartoni is an italian certified lawyer from Pistoia, Tuscany. She was born in 1989 and she is part of the Pistoia Bar Association. She currently works as attorney at law and legal counsel, mostly in the areas of civil, private, commercial, corporate, labour and consumer law.

Key Challenges of Safe Shopping in EU

From Coal and Steel to Consumer Protection;

Key Challenges of Safe Shopping in EU

Giulia Scartoni (ed.)

Volume 2 (Part 1+2)

European Consumer Law

ISBN: 978-94-6240-588-2 (Softcover/paperback)

ISBN: 978-94-6240-593-6 (PDF)

2020

Constant developments in the area of digital technology are fundamentally changing the way consumers interact and shop online. Consumer protection in the digital single market is one of the main priorities of European policy makers – with the aim of systematically taking into account the
rights and needs of consumers in a rapidly changing digital environment.
This volume, as a part of the “From Coal and Steel to consumer protection” book series, will provide the readers an overview of the main current key challenges of safe shopping under European law. The fast growing demand of new services and goods is followed by the need of performing latest and different legal protection as well. Thanks to this technical and practical brief of the European legal sources and recent case law from the European Court of Justice, both professionals and privates will find a clear guide of the consumer rights, actions and powers, in the contemporary
market “jungle”.

Forthcoming 2021

The State of Health in The European Union

Giulia Scartoni (ed.)

 


European Privacy Regulation; general Data Protection Regulation (GDPR) for privacy professionals

2018
Auteurs: Simone Fennell / Frank Koppejan / Erwin Rigter
ISBN: 9789462404687


Misbruik van voorwetenschap naar Europees recht

Een onderzoek naar de grondslag en de werking van het Europese verbod van misbruik van voorwetenschap, met aandacht voor de doorwerking van EG-richtlijnen in het strafrecht
Kristen, F.G.H.
ISBN (hardcover) : 9789058500960


De EU: de interstatelijkheid voorbij?

Elisabetta Manunza, Linda Senden (red.)
ISBN (softcover) : 9789058501691


The transposition of EC directives

A comparative study of instruments, techniques and processes in six Member States
Bernard Steunenberg & Wim Voermans
ISBN (softcover) : 9789058500006


Parlementaire controle op Europese besluitvorming

Een rechtsvergelijkend onderzoek naar mandaatsystemen en parlementaire behandelingsvoorbehouden
Brecht van Mourik
ISBN (softcover) : 9789058508447


The European Constitution

How it was created, What it will change
Jacobs, Prof. dr. A.T.J.M.
ISBN (softcover) : 9789058501158


The Negotiations on the Return Directive

Comments and Materials
Fabian Lutz
ISBN (softcover) : 9789058505422


Rethinking Europe's Constitution

Andreas Kinneging (ed.)
ISBN (softcover) : 9789058502612


Nederlandse strafrechtelijke waarden in de context van de Europese Unie

E.A.M. Verheijen
ISBN (hardcover) : 9789058501516


European Law

Selected basic documents

part I, II and III
C. Tofan, W.J. van der Wolf, P.A. van Laar (Eds.)
ISBN (softcover) : 9789058506412


Digital Markets in the EU
Marc Veenbrink, Anne Looijestijn-Clearie & Catalin S. Rusu (eds)
ISBN (softcover) : 9789462406643


Caught in Between Borders 

Citizens, Migrants and Humans. Liber Amicorum in Honour of prof. dr. Elspeth Guild. Paul Minderhoud, Sandra Mantu & Karin Zwaan (eds)

ISBN (hardcover) : 9789462405509


The Intra Corporate Transferee Directive Central Themes, Problem Issues and Implementation in Selected Member States
Paul Minderhoud & Tesseltje de Lange (eds)
ISBN (softcover) : 9789462404786


Children’s Rights in a Digital Environment and European Union Law
J. Auer
ISBN (softcover) : 9789462403154


Sociale Markteconomie 

Basis voor een duurzame ontwikkeling van Europa?
R. Slegers
ISBN (softcover) : 9789462403284


Crimmigration law in the European Union (Part 2) 

The Return Directive: return decision and detention
A. Pahladsingh
ISBN (softcover) : 9789462403406


From common market to common democracy A Theory of Democratic Integration
Jaap Hoeksma
ISBN (softcover) : 9789462402799


European Citizenship at the Crossroads The Role of the European Union on Loss and Acquisition of Nationality
ISBN (softcover) : 9789462402546


The rule of law in the external dimension of EU migration and asylum policy
Leonhard den Hertog
ISBN (softcover) : 9789462401815


The investigative function of the European Parliament 

Holding the EU executive to account by conducting investigations
Christian Syrier
ISBN (softcover) : 9789058509598


European Traditions: integration or disintegration
Pim Oosterhuis, Emanuel van Dongen (eds.)
ISBN (softcover) : 9789058509444


A Polity Called EU
Jaap Hoeksma, Dirk Schoenmaker
ISBN (softcover) : 9789058507389

Publications European Law: