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The <i>Acquis</i> and Its Principles

Dimitry Kochenov.

in The Enforcement of EU Law and Values

March 2017; p ublished online April 2017 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 12909 words.

This chapter demonstrates that the majority of the enforcement literature falls short of tackling the core compliance problems in the EU today. While the overwhelming focus is on the acquisnull...

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The Allocation of Competences in a Federation—A General Introduction

Olivier Beaud.

in The Question of Competence in the European Union

February 2014; p ublished online April 2014 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 10524 words.

This chapter examines the problem of the allocation of competences in a federation. It first considers the conventional understanding of the allocation of competences. It suggests a more...

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The Allocation of Economic Policy Competences in the European Union

Roland Bieber.

in The Question of Competence in the European Union

February 2014; p ublished online April 2014 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 6608 words.

This chapter addresses the question of whether existing provisions in the EU Treaties on economic and monetary union, in combination with the new instruments, can bring about a stable...

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Alternative and Complementary Routes in European Contract Law

Kathleen Gutman.

in The Constitutional Foundations of European Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 19669 words.

Chapter 11 examines the viability of several alternative and complementary routes to the adoption of a European contract law instrument contemplated in the debate, which include enhanced...

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The American Contract Law Framework

Kathleen Gutman.

in The Constitutional Foundations of European Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 33454 words.

Chapter 3 examines four main strands of the American contract law framework: American ‘federal common law’, uniform and model laws promulgated by the National Conference of Commissioners on...

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Amplification and the Limits of Loyalty

Marcus Klamert.

in The Principle of Loyalty in EU Law

January 2014; p ublished online April 2014 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 15310 words.

In this Chapter, what is referred to as the amplification of Union law by virtue of loyalty is discussed. Loyalty is thus examined as the basis for extending the application of competition...

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Application of the EU CFR by National Courts in Purely Domestic Cases

András Jakab.

in The Enforcement of EU Law and Values

March 2017; p ublished online April 2017 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 7195 words.

This chapter argues that the most promising way to conceptualize the values of European constitutionalism in a judicially enforceable manner is through a creative reinterpretation of...

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Battles on Working Time: Rejecting Court Influence

Dorte Sindbjerg Martinsen.

in An Ever More Powerful Court?

September 2015; p ublished online November 2015 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 10902 words.

The chapter examines the dynamics between judicial and legislative politics in the EU regulation of working time. The case study unfolds the process through which the Working Time Directive...

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Between Negative and Positive Scope? The Principles of <i>De Minimis</i> and Remoteness

Niamh Nic Shuibhne.

in The Coherence of EU Free Movement Law

August 2013; p ublished online January 2014 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 17869 words.

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a...

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The Bite, the Bark, and the Howl

Leonard Besselink.

in The Enforcement of EU Law and Values

March 2017; p ublished online April 2017 .

Chapter. Subjects: EU Law; Constitutional and Administrative Law. 10260 words.

This chapter analyses Article 7 TEU on sanctions against Member States for certain potential and actual breaches of the values enshrined in Article 2 TEU, and the related ‘Rule of Law...

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