EU law is a very wide-ranging legal system that comprises thousands of legal acts. It endeavours to regulate many relationships in the Member States of the European Union and effects everyday lives both of individuals and public bodies. EU law is, however, not always positively accepted. Such non-acceptance often follows from the increasing number of cases when EU law cannot be effectively applied on the national level. Significant reason for that lies in the poor quality of EU law. |
Search result: 9 articles
Year 2016 xArticle |
Quo Vadis, Europa?Loopholes in the EU Law and Difficulties in the Implementation Process |
Journal | European Journal of Law Reform, Issue 2 2016 |
Keywords | EU Law, Quality of Legislation, Loopholes, Implementation, Joint Practical Guide |
Authors | Markéta Whelanová |
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Journal | Erasmus Law Review, Issue 4 2016 |
Keywords | Corporate security, private investigations, private troubles, public/private differentiation |
Authors | Clarissa Meerts |
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This article explores the investigative methods used by corporate security within organisations concerned about property misappropriation by their own staff and/or others. The research methods are qualitative: interviews, observations and case studies carried out between October 2012 and November 2015. The findings include that, even though corporate investigators do not have the formal investigative powers enjoyed by police and other public agencies, they do have multiple methods of investigation at their disposal, some of which are less used by public investigative agencies, for example the in-depth investigation of internal systems. Corporate investigators also rely heavily on interviews, the investigation of documentation and financial administration and the investigation of communication devices and open sources. However, there are many additional sources of information (for example, site visits or observations), which might be available to corporate investigators. The influences from people from different backgrounds, most notably (forensic) accountants, (former) police officers, private investigators and lawyers, together with the creativity that is necessary (and possible) when working without formal investigative powers, make corporate security a diverse field. It is argued that these factors contribute to a differentiation between public and private actors in the field of corporate security. |
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Managing the EU Acquis |
Journal | European Journal of Law Reform, Issue 3 2016 |
Keywords | EU, legislation, accessibility, updating |
Authors | William Robinson |
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EU legislation plays a key role in filling in the gaps in the framework created by the EU Treaties. The body of EU legislation known as the acquis has grown piecemeal over 60 years to a confused and confusing patchwork of over 100,000 pages. There is an urgent need for a more coherent approach to updating, condensing and revising that legislation to ensure that it is readily accessible. New mechanisms should be established for those tasks, or else the existing mechanisms should be enhanced and exploited to the full. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2016 |
Keywords | sovereignty, state, Léon Duguit, European Union, Eurozone |
Authors | Martin Loughlin |
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This article presents an account of sovereignty as a concept that signifies in jural terms the nature and quality of political relations within the modern state. It argues, first, that sovereignty is a politico-legal concept that expresses the autonomous nature of the state’s political power and its specific mode of operation in the form of law and, secondly, that many political scientists and lawyers present a skewed account by confusing sovereignty with governmental competence. After clarifying its meaning, the significance of contemporary governmental change is explained as one that, in certain respects, involves an erosion of sovereignty. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2016 |
Keywords | national identity, constitutional identity, EU law, constitutional courts, Court of Justice |
Authors | Elke Cloots |
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This article challenges the assumption, widespread in European constitutional discourse, that ‘national identity’ and ‘constitutional identity’ can be used interchangeably. First, this essay demonstrates that the conflation of the two terms lacks grounding in a sound theory of legal interpretation. Second, it submits that the requirements of respect for national and constitutional identity, as articulated in the EU Treaty and in the case law of certain constitutional courts, respectively, rest on different normative foundations: fundamental principles of political morality versus a claim to State sovereignty. Third, it is argued that the Treaty-makers had good reasons for writing into the EU Treaty a requirement of respect for the Member States’ national identities rather than the States’ sovereignty, or their constitutional identity. |
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Piecemeal Harmonization of European Civil LawThe Case of Limitation Periods in the Antitrust Damages Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Miriam Buiten |
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The XXVIIth Congress of the International Federation for European Law (FIDE)Budapest, 18-21 May 2016 |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Kinga Debisso |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2016 |
Authors | Dries Cools |
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This paper provides a dialectical-historical description of the EU's constitutional discourse. It is argued that the early Community's member state blind principle of justice implied the notion of a European political community and led to the establishment of fair procedures for decision making. This coming of age of an encompassing European constitutional narrative of justice and fairness prompted the question of the demarcation between the political role of the European political community and that of member states' political communities. The answer proved to be subsidiarity. However, subsidiarity has introduced national conceptions of justice in the Union's constitutional discourse, at the risk of making European justice dependent on national conceptions of justice. |