000 03963naaaa2200529uu 4500
001 https://directory.doabooks.org/handle/20.500.12854/33319
020 _aacprof:oso/9780199606610.001.0001
024 7 _a10.1093/acprof:oso/9780199606610.001.0001
_cdoi
041 0 _aEnglish
042 _adc
072 7 _a1QFE
_2bicssc
072 7 _aJPSN2
_2bicssc
072 7 _aLBBM
_2bicssc
072 7 _aLND
_2bicssc
100 1 _aMendez, Mario
_4auth
245 1 0 _aThe Legal Effects of EU Agreements
260 _bOxford University Press
_c2013
300 _a1 electronic resource (399 p.)
506 0 _aOpen Access
_2star
_fUnrestricted online access
520 _aExamining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.
540 _aCreative Commons
_fhttps://creativecommons.org/licenses/by-nc-nd/3.0/
_2cc
_4https://creativecommons.org/licenses/by-nc-nd/3.0/
546 _aEnglish
650 7 _aEU (European Union)
_2bicssc
650 7 _aEU & European institutions
_2bicssc
650 7 _aInternational economic & trade law
_2bicssc
650 7 _aConstitutional & administrative law
_2bicssc
653 _aeu courts
653 _atreaty enforcement
653 _aconstitutionalization
653 _amember states
653 _aeu level litigation
653 _acjeu
653 _adomestic courts
653 _aeu law
653 _aeu concluded treaties
653 _aCreative Commons
653 _aDirect effect of European Union law
653 _aEuropean Court of Justice
653 _aEuropean Union
653 _aEuropean Union law
653 _aGeneral Agreement on Tariffs and Trade
653 _aInternational law
653 _aWorld Trade Organization
856 4 0 _awww.oapen.org
_uhttps://library.oapen.org/bitstream/20.500.12657/33858/1/453475.pdf
_70
_zDOAB: download the publication
856 4 0 _awww.oapen.org
_uhttps://library.oapen.org/bitstream/20.500.12657/33858/1/453475.pdf
_70
_zDOAB: download the publication
856 4 0 _awww.oapen.org
_uhttps://directory.doabooks.org/handle/20.500.12854/33319
_70
_zDOAB: description of the publication
999 _c50301
_d50301