Eu Ordre Public
Tim Corthaut - Wolters Kluwer Law & Business, 2012
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In a cogent, detailed analysis, the author
‘reconstructs’ the legal order of the European Union in a way that best gives
meaning to the Treaties, the case law of the Court of Justice, and the
various underlying principles of integration that have emerged over the
decades. He focuses on instances, or touchstones, in relation to which EU law
seems to be building and integrating an ordre public. Among these are the
following: ; private international law; international trade law and
arbitration; public international law; the ECHR and EctHR; public
policy exceptions to the four freedoms; European citizenship; competition
law; national and EU procedural law; and protection of social and labour
standards. In-depth inquiry into questions which seem subject to very
specific limitations – such as when national or EU courts are under an
obligation to raise issues of EU law of their own motion, or norms from which
private parties may not deviate – captures the breadth of the EU ordre
public, greatly clarifying the concept and the variety of ways it operates.
Seeking to reconcile numerous strands and processes of EU law in a principled
manner, the book reveals a significant potential for a deeper constitutional
framework defining the EU ordre public and putting it into operation as a
tool to help ensure unity in diversity. It will be welcomed and read closely
by jurists, policymakers, and interested academics in Europe and wherever the
matter of European integration is studied.
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| Vai alla copia |
In a cogent, detailed analysis, the author
‘reconstructs’ the legal order of the European Union in a way that best gives
meaning to the Treaties, the case law of the Court of Justice, and the
various underlying principles of integration that have emerged over the
decades. He focuses on instances, or touchstones, in relation to which EU law
seems to be building and integrating an ordre public. Among these are the
following: ; private international law; international trade law and
arbitration; public international law; the ECHR and EctHR; public
policy exceptions to the four freedoms; European citizenship; competition
law; national and EU procedural law; and protection of social and labour
standards. In-depth inquiry into questions which seem subject to very
specific limitations – such as when national or EU courts are under an
obligation to raise issues of EU law of their own motion, or norms from which
private parties may not deviate – captures the breadth of the EU ordre
public, greatly clarifying the concept and the variety of ways it operates.
Seeking to reconcile numerous strands and processes of EU law in a principled
manner, the book reveals a significant potential for a deeper constitutional
framework defining the EU ordre public and putting it into operation as a
tool to help ensure unity in diversity. It will be welcomed and read closely
by jurists, policymakers, and interested academics in Europe and wherever the
matter of European integration is studied.
