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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)

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 BundesVerfassungsGericht 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.

 

 

Netherlands Reports to the twentieth
International Congress of Comparative Law
Fukuoka 2018

L.P.W. van Vliet (ed.)

 

ISBN: 9789462404885

The XXth World Congress of Comparative Law was held in Fukuoka in 2018, organised by the International Academy of Comparative Law. Many legislators appointed expert groups who worked on draft legislation based on solid comparative research. More and more, comparative law finds its way into national legislation, learning from the experiences in other jurisdictions.
A comparative legal analysis of a large number of jurisdictions demands setting up a network of national reporters who write an in-depth report about their own jurisdiction. The national reporters of the Netherlands Comparative Law Association provided clear and informative insights in the development of Dutch law in the designated areas. Their reports are not only important for the general reporters on the relevant topic, but will remain important for future comparative research done by other researchers.

 


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

Giulia Scartoni (ed.)

 

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.


The Institut de droit international: Cradle and Creed of the City of Justice and Peace

With a Foreword by Professor Nico Schrijver, President of the Institut, and an Avant-Propos by Professor Jean Salmon

 

Author: Arthur Eyffinger

ISBN: 9789462405820 (Paperback)

ISBN: 9789462405608 (Hardcover)

 

This books explains to you the complete history of the Institut de droit international (IDI). In the summer of 2019 a conference was organized by the IDI in The Hague and to celebrate this gathering Arthur Eyffinger published this very wonderful book.

In the summer of 2019, the IDI was at last back in the Netherlands and in The Hague, having evolved into a truly global association during its past sixty years with membership from all continents. It is also striving towards more gender equality. In the midst of so many other learned bodies of international law as well as institutionalized intergovernmental expert groups, the IDI has faced admirably the challenge of continuing to serve as one of the most authoritative fora for the progressive development of international law and its gradual codification. And, notably, in the field of both private and public international law.

Reading Eyffinger’s works (click here for more information), including this book, makes one realize that it is the Institute’s rich intellectual history and its particular personalities as well as its taking up of topics ahead of the curve which explain its continued prominent position in the field of international law, now for nearly 150 years.

This book is being published in Hardcover, Softcover and pdf-ebook version and can be ordered at our website.


The division of property between unmarried cohabitees – a Nordic perspective on living together

Rasmus Engelsted Jonasen (ed.)

ISBN: 9789462405691

This quadruple report provides comprehensive insight into the legal situation of unmarried cohabitees in Denmark, Finland, Norway and Sweden. Cohabitees are unmarried couples living together similarly to spouses, but mostly without the same legal security and certainty, as their situation is only in two of four countries regulated in statutory law. Contrary to the intense cooperation that took place between Denmark, Norway and Sweden in the early 1910s preparing new marriage laws, there has been no cooperation at all regarding the legal status of unmarried cohabitees. That makes it an interesting area for comparative research especially.

This report is a research project of the European Law Students Association.


REMEDIES AGAINST UNLAWFUL DETENTION IN RWANDA

Niyibizi Tite

ISBN: 9789462405745

Despite the fact that Rwanda has ratified regional and international human rights instruments that provide for the right to habeas corpus and compensation for unlawful detention, unlawfully detained persons in Rwanda do not claim compensation or obtain release through national, regional and international mechanisms.
This study tries to identify obstacles that unlawfully detained persons in Rwanda face in obtaining release and compensation through current national, regional and international mechanisms. It also suggest mechanisms which might be introduced in Rwanda to ensure release from unlawful detention and provide compensation to victims of unlawful detention, learning from the procedures and laws of international human rights organizations and other countries.


Renewable Energy Report

ELSA Research Project

ISBN: 9789462405752

The International Legal Research Group on Renewable Energy is the result of the hard work of many individuals all over the European continent, from law students to our academic supporters from every corner of our part of the earth.

The main aim of the paper was to analyse the renewable energy policies and legislative framework set up by EU Member States and non-EU countries, and ascertain what measures are being taken on the national (and international level). This also allowed for researchers to broaden their knowledge in this vast field of law, as well as hone their legal writing skills; both will prove to be invaluable assets throughout their career.

Research coordinated by: Eva te Dorsthorst, Jake Camilleri, Blanka Hován, Elna Larsson, Olegs Sedjakins, Artem Barabash, Fani Dimoska, Frederik Vahlgren

Publication coordinated by: Sarah Ikast Kristoffersen

Countries involved: Albania, Azerbaijan, Cyprus, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, North Macedonia, Norway, Portugal, Romania, Russia, Serbia, Slovenia, Spain, Sweden, Turkey, Ukraine, United Kingdom

The report can be downloaded at the ELSA-website

 


FRENCH/GERMAN PUBLICATION

L’AUTRICHE-HONGRIE DES ANNEES 1866-1918 : UNE CONTRIBUTION EXCEPTIONNELLE A LA PROTECTION DES DROITS DE L’HOMME

Actes du colloque tenu à Strasbourg, les 17 et 18 novembre 2017
Edités par Arnaud Duranthon, Catherine Haguenau-Moizard & Krzysztof Wojtyczek

 

Dans la deuxième moitié du XIXe siècle, Vienne et Budapest sont devenues deux grandes capitales intellectuelles de l’Europe. L’Autriche-Hongrie est aussi à l’origine d’évolutions quelque peu oubliées en Europe occidentale, avec notamment une contribution exceptionnelle au développement de la culture juridique européenne. Les juristes de différentes nationalités, actifs dans l’Empire austro-hongrois, jouèrent un rôle majeur dans le développement du droit et de la science du droit en Europe. L’ouvrage, regroupant les rapports presentés au colloque tenu a Strasbourg les 17 et 18 novembre 2017, a pour but de rappeler quelques éléments  particulièrement importants de cette contribution.

DAS ÖSTERREICH-UNGARN DER JAHRE 1866-1918: EIN HERAUSRAGENDER BEITRAG ZUM SCHUTZ DER MENSCHENRECHTE

Beiträge zur Konferenz, Straßburg, 17. und 18. November 2017

Herausgegeben von Arnaud Duranthon, Catherine Haguenau-Moizard & Krzysztof Wojtyczek

In der zweiten Hälfte des 19. Jahrhunderts entwickelten sich Wien und Budapest zu zwei großen intellektuellen Hauptstädten Europas. Österreich-Ungarn ist auch der Ursprung von Entwicklungen, die in Westeuropa etwas in Vergessenheit geraten sind; von dort stammt insbesondere ein ußergewöhnlicher Beitrag zur Entwicklung der europäischen Rechtskultur.
Die während der österreichisch-ungarischen Monarchie tätigen Juristen verschiedener Nationalitäten spielten eine wichtige Rolle bei der Weiterentwicklung des Rechts und der Rechtswissenschaft in Europa. Dieses Buch, das die auf dem Symposium am 17. und 18. November 2017 in Straßburg vorgestellten Berichte zusammenfasst, erinnert an einige besonders wichtige Elemente dieses Prozesses.

 

ISBN: 9789462405349


Crimes against Humanity in Kenya’ Post-2007 Conflicts: A Jurisprudential Interpretation

Charles Alenga Khamala

ISBN: 9789462403628 (NEW EDITION)

In 2012, the International Criminal Court confirmed trials against four suspects for bearing the greatest responsibility for crimes against humanity perpetrated during Kenya’s post-2007 election violence. In 2016, however, the Office of the Prosecutor withdrew all charges, decrying intolerable interference and political meddling in Deputy President William Ruto and journalist Joshua Sang’s cases. In President Uhuru Kenyatta’s case, the Court ultimately referred the government to the Assembly of State Parties for failing to cooperate with her investigations. The decision to prosecute has sparked outcry from some African countries, not only because the evidence is thin, or even since the suspects are senior leaders enjoying political power, but alleging selective justice. Suspects from strong Western countries tend to be overlooked. This book evaluates the ICC’s controversial decisions conferring its jurisdiction over the situation in Kenya, confirming the charges and even compelling unwilling witnesses to appear and testify. It is true that in 1999 Kenya ratified the Rome Statute through which the international community seeks to promote retributive justice to hold leaders accountable and punish mass atrocities. However, in the context of transitional justice, domestic authorities preferred to respond to the alleged mass atrocities through structural reforms. Indeed, two ICC indictees, Kenyatta and Ruto won the 2013 presidential elections, indicating that the local public lacks confidence in the Hague process. From a practitioner’s perspective, this book demonstrates the sociopolitical, cultural and contextual background which caused the ICC’s legitimacy crisis. It is a must read for international criminal lawyers, policymakers, scholars, and other stakeholders.

 

Dr. Charles Alenga Khamala, Ph.D. (UPPA), LL.M. (London) and LL.B. (Nairobi) was Andrew W. Mellon Postdoctoral Fellow at Rhodes University, 2016 and KU Leuven Visiting Scholar, 2018. Having commenced at Kabarak University, he is currently a Senior Lecturer at Africa Nazarene University Law School, while practising as an advocate of the High Court of Kenya, is on the List of Counsel of the ICC, UNMICT, ACHPR, ICCBA, ADC-ICT, ILA, ICJ (K), WSV, LSK, EALS; alumni of AFRAKEN and Chevening (K).