Convergence and Divergence in European Public Law
P. R. Beaumont, Carole Lyons, Neil Walker
Hart Publishing, 2002 - Law - 274 pages
This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gr┐inne de B┐rca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).
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administrative law Amsterdam Treaty analysis application argued argument Article Commission Community law competence concept conﬂict constitutional context Convention on Human convergence Council Court of Human Court of Justice decision deﬁned democracy democratic difﬁcult EC law EC Treaty ECHR effect Europe European Community European constitutional European Convention European Council European Court European Law European legal European Parliament European Public Law European Union ﬁeld ﬁnd ﬁrst framework fundamental rights Harlow harmonisation human rights human rights policy Ibid implementation inﬂuence institutions issues judicial jurisprudence legal culture legislative Legrand Maastricht Maastricht Treaty national courts national law national legal orders national legal systems national procedural Neil Walker Nice Treaty normative ofﬁcial Pierre Legrand political principle protection provides question reﬂects regional relations respect rules signiﬁcant social speciﬁc subsidiarity territorial tion Treaty of Amsterdam Treaty of Nice Union law Weiler