Legal Risks in EU Law: Interdisciplinary Studies on Legal by Emilia Mišćenić, Aurélien Raccah

By Emilia Mišćenić, Aurélien Raccah

This booklet takes a very new and leading edge method of analysing the advance of ecu legislations. in the framework of alternative vital components of ecu legislations, corresponding to the inner marketplace, buyer safety legislation, social legislations, funding legislation, surroundings legislation, migration legislations, felony translation and terminology, it examines the Union’s method of the rules and administration of criminal hazards. through the years, the Union has come to some degree the place it truly is changing into more and more tough to justify its authority to manage in a variety of components of legislation. In dealing with felony dangers deriving from the range of Member States’ legislation, which create boundaries to exchange and prevent the Union’s financial system, the Union itself has truly produced new criminal hazards that now must be addressed. This failure at the a part of ecu associations to control criminal hazards has contributed to criminal uncertainty for actors working at the inner industry. This publication intends to give a contribution to the Union’s smoother functioning and carrying on with improvement through featuring potent concrete suggestions for dealing with the felony hazards distorting the advance of varied components of european legislations. It pursues an leading edge and powerful method of determine felony hazards, their explanations on the european point and their affects at the functioning of the Union and its Member States. by means of providing new ways during this context, the 1st ebook on felony probability administration within the ecu will actively advertise the development of the ecu lawmaking method and the applying of european legislation in practice.

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Extra resources for Legal Risks in EU Law: Interdisciplinary Studies on Legal Risk Management and Better Regulation in Europe

Sample text

4 Legal Risks from National Constitutional Claims to the EU Legal Order . . . . . . . . . 1 National Constitutional Claims as a Legal Risk to the Unity and Effectiveness of the EU Legal Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Examples of (yet) Unmaterialized Legal Risks to the EU Legal Order . . . . . . . 5 Concluding Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Semeraro Casa e Famiglia SpA [2011] ECR I-181. 59 Case C-596/13, European Commission v. Moravia Gas Storage a. s. [2015] EU:C:2015:203, paras. 32 and 33. 60 Case C-610/10, Commission v. Spain, [2012] EU:C:2012:781, para. 45. 61 Cases 212/80 to 217/80, Meridionale Industria Salumi and Others [1981] ECR 2735, para. 9; Case C-201/04, Molenbergnatie [2006] ECR I-02049 para. 31; Case C-334/07, Commission v. Freistaat Sachsen [2008] ECR I-9465, para. 44. 62 Case T-465/11, Globula v. Commission [2013] EU:T:2013:406.

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 25 26 27 27 29 31 32 32 35 38 40 Abstract Already at the beginning of the existence of the EU Communities, the ECJ introduced direct effect and primacy of EU law as two fundamental principles of the EU legal order. These principles were based on a need for uniform and effective application of EU law. This development had a great impact on the organization of national constitutional orders, among other things, on the role of ordinary courts in the judicial architecture and the position of national constitutional courts.

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