The Principle of Loyalty in EU Law

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book The Principle of Loyalty in EU Law by Marcus Klamert, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Marcus Klamert ISBN: 9780191505645
Publisher: OUP Oxford Publication: January 16, 2014
Imprint: OUP Oxford Language: English
Author: Marcus Klamert
ISBN: 9780191505645
Publisher: OUP Oxford
Publication: January 16, 2014
Imprint: OUP Oxford
Language: English

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle's role in the shaping of EU law. It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of the European Court of Justice, and highlights its central importance to understanding EU public law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle's role in the shaping of EU law. It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of the European Court of Justice, and highlights its central importance to understanding EU public law.

More books from OUP Oxford

Cover of the book The Interesting Narrative by Marcus Klamert
Cover of the book Constituting Freedom by Marcus Klamert
Cover of the book Social Determinants of Health by Marcus Klamert
Cover of the book Sentientist Politics by Marcus Klamert
Cover of the book Cosmology and Self in the Apostle Paul by Marcus Klamert
Cover of the book Sjögren's Syndrome by Marcus Klamert
Cover of the book Rome's Mediterranean Empire by Marcus Klamert
Cover of the book The Oxford Handbook of Comparative Law by Marcus Klamert
Cover of the book Network Governance and the Differentiated Polity by Marcus Klamert
Cover of the book On the Genealogy of Universals by Marcus Klamert
Cover of the book European Trade Mark Law by Marcus Klamert
Cover of the book Handbook of Neurologic Music Therapy by Marcus Klamert
Cover of the book Copenhagen Tales by Marcus Klamert
Cover of the book Turbulence and Order in Economic Development by Marcus Klamert
Cover of the book The Oxford Handbook of European History, 1914-1945 by Marcus Klamert
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy