Store besparelser
Hurtig levering
Gemte
Log ind
0
Kurv
Kurv

The Legislative Priority Rule and the EU Internal Market for Goods

- A Constitutional Approach
Af: Eadaoin Ni Chaoimh Engelsk Hardback

The Legislative Priority Rule and the EU Internal Market for Goods

- A Constitutional Approach
Af: Eadaoin Ni Chaoimh Engelsk Hardback
Tjek vores konkurrenters priser
The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its ''constitutional compass''. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court''s sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
Tjek vores konkurrenters priser
Normalpris
kr 878
Fragt: 39 kr
6 - 8 hverdage
20 kr
Pakkegebyr
God 4 anmeldelser på
Tjek vores konkurrenters priser
The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its ''constitutional compass''. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court''s sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
Produktdetaljer
Sprog: Engelsk
Sider: 320
ISBN-13: 9780192856210
Indbinding: Hardback
Udgave:
ISBN-10: 0192856219
Udg. Dato: 1 sep 2022
Længde: 25mm
Bredde: 296mm
Højde: 260mm
Forlag: Oxford University Press
Oplagsdato: 1 sep 2022
Forfatter(e): Eadaoin Ni Chaoimh
Forfatter(e) Eadaoin Ni Chaoimh


Kategori Internationale institutioner


ISBN-13 9780192856210


Sprog Engelsk


Indbinding Hardback


Sider 320


Udgave


Længde 25mm


Bredde 296mm


Højde 260mm


Udg. Dato 1 sep 2022


Oplagsdato 1 sep 2022


Forlag Oxford University Press

Kategori sammenhænge