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EU Law Beyond EU Borders

Author: Marise Cremona

Publisher: Oxford University Press

Published: 2019-05-03

Total Pages: 304

ISBN-13: 0192579479

This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.

Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union

Author: Roman Petrov

Publisher: Routledge

Published: 2014-02-24

Total Pages: 299

ISBN-13: 113444186X

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This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.

The Brussels Effect

Author: Anu Bradford

Publisher: Oxford University Press

Published: 2020-01-27

Total Pages: 368

ISBN-13: 0190088605

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For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

REACH Beyond Borders

Author: Ondřej Filipec

Publisher: Springer

Published: 2017-08-23

Total Pages: 137

ISBN-13: 3319541544

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This book discusses how much other countries reflect the EU chemical regulation REACH (Registration, Evaluation, Authorization, Restriction of Chemicals), in the context of Europeanization theory. The main hypothesis verified in this book is that more trade with the EU means more Europeanization (as the non-EU companies exporting to the EU have an obligation to comply with EU rules according to the “No data, No Market” REACH provision). This book further points out that non-EU companies voluntarily adopt EU standards while this change has yet to be reflected on the policy level in non-EU countries, mainly for economic reasons.Exploring changes in national chemical regulatory policies among top chemical producers around the World brings new ideas into the process of Europeanization behind EU borders and provides useful material for academia, regulatory experts and export oriented chemical industry.

Data Protection Beyond Borders

Author: Federico Fabbrini

Publisher: Bloomsbury Publishing

Published: 2021-02-11

Total Pages: 304

ISBN-13: 1509940677

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This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

Accessing Asylum in Europe

Author: Violeta Moreno Lax

Publisher: Oxford Studies in European Law

Published: 2017

Total Pages: 0

ISBN-13: 9780198701002

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Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.

Protecting the Rights of Refugees Beyond European Borders

Author: Lisa Heschl

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781780686141

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In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.

European Enlargement Across Rounds and Beyond Borders

Author: Haakon A. Ikonomou

Publisher: Taylor & Francis

Published: 2017-03-16

Total Pages: 275

ISBN-13: 1315460009

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Muted political conditionality with continued regulatory and market conditionality -- Technicalisation and depoliticisation -- Bridging concepts and joint declarations -- Functional two- level games -- Multiple bi- and multilateralisms -- Conclusion: European integration without enlargement? -- Notes -- 9 Integration from the outside The EC and EFTA from 1960 to the 1995 enlargement -- Introduction -- On the creation of EFTA and the entry of the FTAs -- The turning point -- The EEA and the limits of economic integration -- Conclusion -- Notes -- 10 Communitarian boomerang How Norway changed the Common Fisheries Policy, 1961-1972 -- Introduction -- The birth of the establishment line -- The death and resurrection of the establishment line -- Multilateral flip -- Abandoning the CFP -- Pressure -- Cas special -- Concluding remarks -- Notes -- 11 Conclusions -- Index

EU Law in Populist Times

Author: Francesca Bignami

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 611

ISBN-13: 1108485081

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A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Migration and EU Law and Policy

Author: Loïc Azoulai

Publisher: Oxford University Press

Published: 2014-03

Total Pages: 257

ISBN-13: 019870853X

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This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.