Книги жанра Oxford University Press
Название: Contract theory
Жанр: Oxford University Press
Год: 2004
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- Offers a comprehensive account of contract theory — eliminating the need for extensive reference to long and complex articles — Explains theoretical arguments in non-technical language — Written by a leading contributor to the field This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
Жанр: Oxford University Press
Год: 2006
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- An established guide to over 700 courts in the South-Eastern Circuit and Western Circuit — Completely revised and updated for 2006 — Includes map of the London Underground — A convenient, pocket-sized reference, with entries listed alphabetically within each geographical area The 2006/2007 edition of this popular guide has been completely updated and includes essential details of courts on both the South Eastern Circuit and Western Circuit. Designed to aid those who regularly use the courts, the guide provides contact details for over 700 courts including all Crown, County, Magistrates', Youth, Family Proceedings, Tribunals, and Coroners' Courts. Each entry contains additional useful information such as full travel directions, court sitting times, facilities available, parking amenities, local eating places, and accomodation.
Жанр: Oxford University Press
Год: 2006
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New to this edition — Kosovo, Bosnia and other instances of the exercise of international dispositive powers — The unification of Germany and developments in the other 'divided States' — The final phases of decolonization, including the completion of the work of the UN Trusteeship Council — Trends in federalism and devolution; universalization of membership in the United Nations and the problem of the 'bureaucratization' of statehood — Recent disputes concerning secession, such as Quebec and Chechnya; and new practice respecting continuity and succession, especially in connection with the disintegration of Yugoslavia and the USSR — Updated sections on State practice and case law As much as was ever the case in 1979 when the first edition of The Creation of States in International Law published, in the 21st century problems of territorial status and statehood are likely to continue to be a focal point of international disputes. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition as it has developed since the eighteenth century. The criteria for statehood and the effect on those criteria of evolving standards of democracy and human rights; their application in international organizations and between States; the creation of States by devolution or recession, by international disposition of major powers or international organizations and through institutions established for Mandated, Trust, and Non-Self-Governing Territories, are also discussed. Apart from the general argument of the normative significance of the legal concept of 'State', and the analysis of the numerous specific cases, this new edition of a landmark book provides a full and up-to-date account of the general development which has led to the birth of so many new States.
Название: Criminal Law Textbook
Жанр: Oxford University Press
Год: 2006
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- Excellent user-friendly lay-out, structure and style with integrated learning tools throughout the text — Chapters objectives, introductions and summaries to provide a clear framework for learning and to highlight key issues — Question boxes and assessment exercises that help reinforce key principles and apply the law to problem situations — Online resource centre contains a wide range of additional cases and materials, which effectively works as a free nullases and materialsnullbook New to this edition — Includes a new dedicated chapter on sexual offences — With the Fraud Bill null expected to become law later this year, the deception offences in the Theft Acts 1968 and 1978 will be replaced with a completely new regime of offences. Chapter on Fraud has been entirely re-written. — Provocation: null new Privy Council case (Attorney General for Jersey v Holley) reverses Smith(Morgan) and radically alters the nullobjectivenull condition in the defence. — Duress: null new House of Lords case, Hasan, heralds a more restrictive approach to the availability of duress. — Non-fatal offences against the person and consent: null Important CA case, Barnes, on the role of consent on the sports field (foul tackle in amateur football match). — Further reading sections and questions have been added. Criminal Law Textbook introduces undergraduates to the principles of criminal law through a fresh and engaging approach. With a strong focus on interactive learning, the book actively encourages the reader through the use of introductions, summaries, questions and assessment exercises to highlight and reinforce key problem areas. With a user-friendly page design, structure and style of writing, the book thoroughly covers all the main topics of criminal law courses in an accessible way. The second edition includes a new dedicated chapter on sexual offences and includes coverage of the Fraud Act 2006, replacing the deception offences in the Theft Acts 1968 and 1978 with a completely new regime of offences. Online Resource Centre The book is complemented by an online resource centre that provides a wide range of additional cases and materials that are linked to the text, effectively offering the reader a free nullases and materialsnullbook. New developments in case law and legislation are covered by online updates.
Название: Current Legal Problems 2005: Vol: 58
Жанр: Oxford University Press
Год: 2006
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- In keeping with the established reputation of this annual publication, it features leading academic figures including past and current OUP authors Conor Gearty, Ralph Wilde, Reinhard Zimmermann, Mark Freedland, and Catherine Redgewell — Topics covered include Analytical Jurisprudence, Medical and Family Ethics, Private Law, Public International law, Human Rights, EU Law, Labour Law, and Biotechnology The 58th volume of Current Legal Problems, like its predecessors, explores a wide variety of issues. The contributions range across Analytical Jurisprudence, Constitutional Law, Medical and Family Ethics, International Law, EU Law, Military Detention, English Criminal Law, Terrorism, Democracy, Human Rights, Civil Liberties, Media Expression, Feminism, Economic Theory, Corporate Law, Competition Regulation, Labour Law, Biotechnology, and Biodiversity. Amongst the contributors to this volume are Daniel Farber, Conor Gearty, Ralph Wilde, Edwin Cameron, Jonathan Rogers, Robin Morse, Jo Bridgeman, Linda Mulcahy, Alison Diduck, Jo Shaw, James Penner, Vivienne Brown, John Armour, Reinhard Zimmermann, Michael Spence, Mark Freedland, and Catherine Redgewell. A companion volume containing the proceedings of UCL's annual inter-disciplinary colloquium is published each year under the umbrella title Current Legal Issues.
Жанр: Oxford University Press
Год: 2005
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When the first President Bush chose David Hackett Souter for the Supreme Court in 1990, the slender New Englander with the shy demeanor and ambiguous past was quickly dubbed a «stealth candidate». Determined to avoid a repeat of the firestorm surrounding President Reagan's nomination of the controversial Robert Bork, Bush opted for Souter, who had, remarkably, produced only one law review article in his legal career. Souter, an obscure but well-respected New Hampshire conservative, seemed unlikely to arouse the kind of passionate opposition that defined the Bork confirmation process. And, indeed, Souter was accepted onto the Court with little fuss. Today, fifteen years into his tenure, Souter remains as enigmatic and unpredictable as ever, a mystery even to avid Court watchers. Who is David Hackett Souter and what will be his legacy on the Supreme Court? Sifting through Souter's opinions, papers of the Justice's contemporaries and other relevant records and interviews, esteemed Supreme Court biographer Tinsley Yarbrough here gives us the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court. Though Souter's record on legal issues was generally conservative before his arrival on the Court, his mixed views caused some concern among both the left and the right during the appointment process. His reclusive lifestyle and frugality added to his mystique, making him even more difficult to peg. His penchant for solitude and his seemingly narrow circle of close friends convinced some that the middle-aged bachelor was out of touch with the sort of «real world» problems the nation's highest court regularly confronts. Court watchers soon realized--to their delight or dismay--that President Bush's «stealth» justice was a traditional New England Republican deeply tied to the party's historic roots in the union and civil rights--in stark contrast to most Reagan-Bush I appointees. On the bench, Souter has embraced a flexible, evolving, and highly pragmatic judicial style that embraces a high regard for precedent--even liberal decisions of the Warren and Burger Courts with which he may have personally disagreed. Even more significantly, Souter has become a regular and very effective critic of the set of rulings via which his ostensible political brethren--Chief Justice William Rehnquist, Antonin Scalia and Clarence Thomas--have abandoned precedent to assert their conservative vision. Ultimately, Yarbrough contends, Souter has become the principal Rehnquist Court opponent of the originalist, text-bound jurisprudence that many of the more conservative Justices profess to champion.
Название: Defining Terrorism in International Law
Жанр: Oxford University Press
Год: 2006
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- The first book devoted to the problem of defining terrorism in international law — Comprehensive coverage of all major attempts to define terrorism since the 1920s — Considers what conduct should be excluded from the definition, including deciding when political violence is, or is not, permissible — Examines treaty and customary law, the practice of the UN and regional organizations, and national laws Despite numerous efforts since the 1920s, the international community has failed to define or criminalize 'terrorism' in international law. This book first explores the policy reasons for defining and criminalizing terrorism, before proposing the basic elements of an international definition. Terrorism should be defined and criminalized because it seriously undermines fundamental human rights, jeopardizes the State and peaceful politics, and may threaten international peace and security. Definition would also help to distinguish political from private violence, eliminating the overreach of the many 'sectoral' anti-terrorism treaties. A definition may also help to confine the scope of UN Security Council resolutions since 11 September 2001, which have encouraged States to pursue unilateral and excessive counter-terrorism measures. Defining terrorism as a discrete international crime normatively recognizes and protects vital international community values and interests, symbolically expresses community condemnation, and stigmatizes offenders. Any definition of terrorism must also accommodate reasonable claims to political violence, particularly against repressive governments, and this book examines the range of exceptions, justifications, excuses, defences and amnesties potentially available to terrorists, as well as purported exceptions such as self-determination struggles, 'State terrorism' and armed conflicts. While this book seeks to minimize recourse to violence, it recognises that international law should not become complicit in oppression by criminalizing legitimate forms of political resistance. In the absence of an international definition, the remainder of the book explores how the international community has responded to terrorism in international and 'regional' treaties, the United Nations system, and in customary law. The final part of the book explores the distinctive prohibitions and crime of 'terrorism' in armed conflict under international humanitarian law.
Жанр: Oxford University Press
Год: 2006
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- Charts the evolution of the conflict between industrialised and developing countries regarding environmental protection — Defines and examines the concept of differential treatment, and the correct delimitations of its ambit — Includes a detailed case study of the climate regime, informed by author's personal experiences as consultant to UN Framework Convention on Climate Change Secretariat — Provides a principled framework for the resolution of the problem of integration of unequal states into international environmental regimes The history of international environmental dialogue is a history of conflict between developing and industrial countries encompassing the framework, nature, and agenda of international environmental law. The conflict is focused on who should take responsibility, in what measure, and under what conditions to contain global environmental degradation. In the face of inequality in resources and contributions to global environmental degradation, sovereign states have crafted a burden sharing arrangement rooted in differential treatment. Differential treatment refers to the use of norms that provide for different, more advantageous, treatment to some states. Real differences exist between states, and the norms of differential treatment recognize and respond to these differences by instituting different standards for different states or groups of states. This book explores the value of differential treatment in integrating developing countries into international environmental regimes. It systematically categorizes and analyses the terms of integration, respecting differential treatment across new generation environmental treaties. It ferrets out the philosophical and practical bases for differential treatment in environmental treaties, and creates a framework within which differential treatment can be assessed. It suggests certain boundaries to differential treatment in international environmental law, and explores in detail the reach of differential treatment in the climate regime. The conflict between industrial and developing countries has thus far significantly impaired the ambition of the international environmental agenda. The relevance of this book lies in its ability to provide a principled framework within which the conflict between industrial and developing countries in the international environmental realm can be examined and resolved.
Название: Directives in EC Law
Жанр: Oxford University Press
Год: 2006
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- The only English-language title dedicated to the implementation and enforcement of Directives — Extensive coverage of ECJ case-law on the interpretation of Directives — Full coverage of the protection of individuals' rights in national courts This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting the rights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection. Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrine and theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascent European Constitution are discussed. The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.
Название: Dynamical Grammar
Жанр: Oxford University Press
Год: 2003
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- Represents a significant advance in computational modelling of language — Provides new insights on language acquisition, linguistic change, and the nature of grammar Dynamical Grammar explores the consequences for language acquisition, language evolution, and linguistic theory of taking the underlying architecture of the language faculty to be that of a dynamical system. The authors investigate whether it is possible for a complex adaptive system to identify the categories, structures, and rules of a language given access only to instances of grammatical utterances of that language. The linguistic tradition says that this is impossible, but there is a growing body of literature in psychology and computer science arguing that grammar can be uncovered using purely statistical techniques applied to the distribution of forms in a string of words. The book goes on to discuss whether a learner requires information about structure that goes beyond the information that is contained in the meaning. Does the learner have to have knowledge of grammar per se prior to language acquisition, as has been traditionally assumed? The authors ask whether it is possible to adequately describe and explain linguistic phenomena if we restrict ourselves to the relatively impoverished apparatus that we require for language acquisition. They explore the consequences of adopting a radical form of minimalism to try to reconcile the linguistic facts with the book's perspective of language acquisition. Culicover and Nowak investigate to what extent it is possible to account for language variation in dynamical terms, as a consequence of the behaviour of the complex social network in which languages and the properties of languages are acquired by learners through interactions with other speakers over time.
Название: EC Competition Procedure
Жанр: Oxford University Press
Год: 2006
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- A fresh and detailed new perspective on this vital subject for specialists in the competition law field — Coverage extends beyond procedures in respect of Article 81 and 82 to practice and procedure in respect of mergers, state aid, public undertakings and EEA matters — Reliable and easy-to-consult source of information written by experts familiar with the practical aspects of the relevant procedures — Exhaustive coverage of the case-law and doctrine and user-friendly layout and format — Clear and concise language makes it accessible to experts and non-experts alike New to this edition — New coverage of Merger Control Procedure, Procedure for Public Undertakings, and State Aid Procedure This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area. It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations and guidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves. The section on antitrust rules will be complemented by new sections on procedures for public undertakings, merger control, and state aid. As a practical guide to procedure it focuses upon the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the European Commission and national competition authorities.
Название: EC Employment Law
Жанр: Oxford University Press
Год: 2006
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- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?
Название: EC Employment Law
Жанр: Oxford University Press
Год: 2006
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- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?
Жанр: Oxford University Press
Год: 2006
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- A comprehensive approach which captures all relevant precedent analysis and reasoning by the European Court of Justice — Offers guidance on issues which have not yet been identified by the ECJ or which may arise in the future — A detailed and practical analysis of both EC and national procurement systems — A user-friendly and innovative layout which directs the reader through the analysis to specific answers and assists in identifying themes arising from litigation Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.
Название: EU Administrative Law
Жанр: Oxford University Press
Год: 2006
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- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.
Название: EU Administrative Law
Жанр: Oxford University Press
Год: 2006
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- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.
Название: EU Banking and Insurance Insolvency
Жанр: Oxford University Press
Год: 2006
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- Only work to deal specifically with the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions directives making this an invaluable resource for the insolvency specialist — Written by top European specialists in this field and edited by two leading experts making this book of the highest calibre — Invaluable commentary on the application of the Directives ub 18 European states This major new practitioner work provides detailed analysis of the EU Directives 2001/17 and 2001/24 on the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions. Chapters cover the considerable impact both Directives have upon the role and the tasks of the supervisory authorities in the EU insurance and banking market (including their branches in other EU countries), the information to be provided to these authorities, the effects of the measures they can take, the law applicable to reorganisation measures and winding-up proceedings of these institutions. The book contains a detailed article-by-article commentary on both Directives themselves. In addition the work contains 18 separate surveys, within which local specialists describe and explain the specifics on the implementation of the Directives in their respective country.
Название: EU Justice and Home Affairs Law
Жанр: Oxford University Press
Год: 2006
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- The most comprehensive overview, analysis and critique of the Justice and Home Affairs Law of the European Union — Complete coverage of relevant human rights issues, and includes developments since Sept. 11th such as the definition of terrorism and the adoption of the European Arrest Warrant — Covers both the JHA institutional issues and the main substantive topics discussed and concluded in JHA negotiations This book examines in detail EU law on Justice and Home Affairs. In turn, it looks at the decision-making and judicial rules which the EU applies in these areas, then it examines the extensive EU law on visas and border controls, regulation of legal migration, control of illegal migration, criminal law definitions, criminal procedure, and policing and customs. Throughout the book, there is a focus on the tension between the objectives of controlling migration and fighting crime on the one hand and human rights and civil liberties principles on the other. This theme is one of the particularly important developments in this area which arose after the attacks of September 11, 2001. This unique overview and critique of the EU law on Justice and Home Affairs is a one-stop source for information and analysis on a highly topical area of increasing concern in international politics, and one which is bound to have increasing impact as economic integration proceeds.
Жанр: Oxford University Press
Год: 2005
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- Advances the idea that social welfare should have a distinctive EU dimension — Traces the impact of the EU on member states in social citizenship, fundamental rights and economic freedoms — Examines the 'Open Method of Co-ordination' and the tensions between market liberalization and social protection in the EU This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms — competition law and free movement law in particular — on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
Жанр: Oxford University Press
Год: 2005
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- Advances the idea that social welfare should have a distinctive EU dimension — Traces the impact of the EU on member states in social citizenship, fundamental rights, and economic freedoms — Examines the 'Open Method of Co-ordination' and the tensions between market liberalization and social protection in the EU This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms — competition law and free movement law in particular — on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
