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Political leadership and the European Commission presidency
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ISBN: 0192579258 0191878057 019257924X Year: 2020 Publisher: Oxford ; New York : Oxford University Press,

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The EU's pluralistic, nonhierarchical system of multilevel governance lacks clear structures of both government and opposition. According to the EU treaties, the presidency of the European Commission is thus not explicitly expected to exercise political leadership. However, the position cannot effectively be exercised without any demonstration of such leadership due to its many leadership functions. Examining this curious mix of strong political demands, weak institutional powers, and need for political leadership, this book systematically analyses the political leadership performance of the presidents of the European Commission throughout the process of European integration. The basic argument is that Commission presidents matter not only in the process of European integration, but that their impact varies according to how the different incumbents deal with the institutional structure and the situational circumstances, and thus their available strategic choices. The primary research question is thus, What makes political leadership in European governance successful and to what extent (and why) do Commission presidents differ in their leadership performance? In addressing this question, this book departs from existing research on EU leadership, which has to date often analysed either the EU's institutional structure and its potential for leadership or mainly focused on only the most recent incumbents in case study analyses. Focusing on the multiterm European Commission presidents Walter Hallstein, Jacques Delors, and Jose Manuel Barroso, this book conceptualizes their political leadership as a performance, and thus systematically analyzes their agenda-setting, mediative-institutional, and public outreach performance over the entire course of their presidential terms.


Book
Executive-legislative (im)balance in the European Union
Authors: ---
ISBN: 1509930027 1509930019 1509930035 Year: 2020 Publisher: Oxford, UK ; [London, England] : Hart Publishing, an imprint of Bloomsbury Publishing, Bloomsbury Publishing,

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"Has executive predominance in EU-related matters disappeared ten years after the entry into force of the Lisbon Treaty? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit or the latest covid-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later, the contributions to this edited volume examine, for the first time in such an extensive breadth and from a multi-level and cross-policy perspective, whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an "admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon". This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality"--


Book
Political leadership and the European Commission presidency
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ISBN: 9780198842002 0198842007 9780191878053 Year: 2020 Publisher: Oxford Oxford University Press

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Abstract

The EU’s pluralistic, nonhierarchical system of multilevel governance lacks clear structures of both government and opposition. According to the EU treaties, the presidency of the European Commission is thus not explicitly expected to exercise political leadership. However, the position cannot effectively be exercised without any demonstration of such leadership due to its many leadership functions. Examining this curious mix of strong political demands, weak institutional powers, and need for political leadership, this book systematically analyzes the political leadership performance of the presidents of the European Commission throughout the process of European integration. The basic argument is that Commission presidents matter not only in the process of European integration, but that their impact varies according to how the different incumbents deal with the institutional structure and the situational circumstances, and thus their available strategic choices. The primary research question is thus: What makes political leadership in European governance successful and to what extent (and why) do Commission presidents differ in their leadership performance? In addressing this question, this book departs from existing research on EU leadership, which has to date often analyzed either the EU’s institutional structure and its potential for leadership or mainly focused on only the most recent incumbents in case study analyses. Focusing on the multiterm European Commission presidents Walter Hallstein, Jacques Delors, and José Manuel Barroso, this book conceptualizes their political leadership as a performance, and thus systematically analyzes their agenda-setting, mediative-institutional, and public outreach performance over the entire course of their presidential terms.


Book
The internationalisation of constitutional law : a view from the Venice Commission
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ISBN: 9781509941483 1509941487 9781509941490 1509941495 1509941479 1509941509 Year: 2020 Publisher: Oxford, England ; New York, New York : Hart Publishing,

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"In this book one of the longest standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless. Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law"--


Book
The European Commission of the Danube, 1856-1948 : an experiment in international administration
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ISBN: 9004425969 9004412530 Year: 2020 Publisher: Brill

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In The European Commission of the Danube, 1856-1948 Constantin Ardeleanu offers a history of the world’s second international organisation, an innovative techno-political institution established by Europe’s Concert of Powers to remove insecurity from the Lower Danube. Delegates of rival empires worked together to ‘correct’ a vital European transportation infrastructure, and to complete difficult hydraulic works they gradually transformed the Commission into an actor of regional and international politics. As an autonomous and independent organ, it employed a complex transnational bureaucracy and regulated shipping along the Danube through a comprehensive set of internationally accepted rules and procedures. The Commission is portrayed as an effective experimental organisation, taken as a model for further cooperation in the international system.


Book
Innovation matters : competition policy for the high-technology economy
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ISBN: 0262358638 9780262358637 9780262044042 0262044048 026235862X Year: 2020 Publisher: Cambridge, Massachusetts : The MIT Press,

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"Antitrust enforcement has long been focused on price competition-approving or denying mergers based on whether or not it would create or reduce opportunities for consumers to be able to "shop around" for the lowest prices when it comes to internet access, cable subscriptions, airfare, and so on. It is relatively easy to evaluate price impacts-these are qualitative measures and economic theory presents many tools to be able to do so. However, the impact of antitrust policy on innovation is much less well known, and harder to study. Was Microsoft abusing a monopoly by bundling a web browser with its operating system? Would a merger of Genzyme and Novazyme, the only companies with active research and development programs for Pompe Disease promote or delay a cure for this fatal genetic disorder? Is Google's search engine good for consumers or not? This book collects the current state of knowledge about the relationships between market structure, firm behavior, and the production of new products and services, all to provide a clear picture of the challenges of making and enforcing antitrust policy in the digital era. Gilbert addresses the ways in which legal precedents established in the twentieth century no longer hold up in the twenty-first, complicates existing theories by Schumpeter and Arrow about competition, and attempts to make meaning out of the conflicting empirical literature surrounding mergers. Gilbert does not shy away from making recommendations. A few examples: In cases where one firm acquires a competitor, he calls for antitrust enforcement officials and courts to pay more attention to whether acquired firms are successful innovators. In some cases, an incumbent acquiring a new entrant does stymy innovation as there are then fewer firms operating in the same space, but in other cases, people launch start-ups with the hopes of getting bought out by a competitor, and so prohibiting acquisition of a competing firm could limit the number of innovative new companies that are launched. He also discusses the role of interoperability standards in promoting innovation on the one hand, through the economies of scale allowable by knowing that components developed can be used across a number of devices, but also its role in limiting innovation when dominant firms coalesce around a standard that is unreachable by competitors. Gilbert's main argument is that existing antitrust law is flexible enough to be relevant in the digital era, but courts must stop focusing almost exclusively on questions of price and consider a broader range of questions regarding competition and innovation"--

Keywords

High technology industries. --- Competition. --- Antitrust law --- Consolidation and merger of corporations --- Economic aspects. --- Law and legislation --- Acquisition of corporations --- Acquisitions and mergers --- Amalgamation of corporations --- Business combinations --- Business mergers --- Buyouts, Corporate --- Corporate acquisitions --- Corporate buyouts --- Corporate mergers --- Corporate takeovers --- Corporations --- Fusion of corporations --- Hostile takeovers of corporations --- M & A (Mergers and acquisitions of corporations) --- Merger of corporations --- Mergers and acquisitions of corporations --- Mergers, Corporate --- Takeovers, Corporate --- Corporate reorganizations --- Golden parachutes (Executive compensation) --- Industrial concentration --- Trusts, Industrial --- Anti-trust law --- Competition --- Competition law --- Commercial law --- Trade regulation --- Competition (Economics) --- Competitiveness (Economics) --- Economic competition --- Commerce --- Conglomerate corporations --- Covenants not to compete --- Monopolies --- Open price system --- Supply and demand --- Industries --- Consolidation --- Mergers --- Law --- Economic aspects --- competition --- innovation --- antitrust --- mergers --- acquisitions --- research and development --- R&D --- monopoly --- antitrust policy --- Google --- Microsoft --- European Commission --- Justice Department --- FTC --- Arrow --- Schumpeter --- ECONOMICS/Industrial Organization --- BUSINESS/Innovation


Book
The European Court of Human Rights
Author:
ISBN: 9780198849643 0198849656 9780198849650 0198849648 019188393X 0192589504 0192589490 Year: 2020 Publisher: Oxford, United Kingdom New York, NY Oxford University Press

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"In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions"--Provided by the pbublisher.

Keywords

International human rights courts --- International law and human rights --- Human rights --- Human rights and international law --- Human rights courts, International --- International courts --- European Court of Human Rights --- European Commission of Human Rights --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- History.


Book
Limits of supranational justice : the European Court of Human Rights and Turkey's Kurdish conflict
Author:
ISBN: 1108776582 1108806406 110848932X 1108807151 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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With its contextualized analysis of the European Court of Human Rights' (ECtHR) engagement in Turkey's Kurdish conflict since the early 1990s, Limits of Supranational Justice makes a much-needed contribution to scholarships on supranational courts and legal mobilization. Based on a socio-legal account of the efforts of Kurdish lawyers in mobilizing the ECtHR on behalf of abducted, executed, tortured and displaced civilians under emergency rule, and a doctrinal legal analysis of the ECtHR's jurisprudence in these cases, this book powerfully demonstrates the Strasbourg court's failure to end gross violations in the Kurdish region. It brings together legal, political, sociological and historical narratives, and highlights the factors enabling the perpetuation of state violence and political repression against the Kurds. The effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes.

Keywords

Kurds --- International and municipal law --- Legal status, laws, etc. --- European Court of Human Rights. --- International law --- Law --- Municipal and international law --- Ethnology --- Iranians --- Influence --- International law influences --- European Commission of Human Rights --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus


Book
Domestic Judicial Treatment of European Court of Human Rights Case Law
Authors: --- --- --- --- --- et al.
ISBN: 0429343930 1000036596 0367361167 9780429343933 9781000036596 9781000036558 1000036553 9781000036572 100003657X 9780367361167 9781032173207 1032173203 Year: 2020 Publisher: Routledge

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"The European Court of Human Rights ("ECtHR") suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR's legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how in fact domestic courts actually treat the Strasbourg Court's rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR's case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes"--

Keywords

European Court of Human Rights. --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- European Commission of Human Rights --- International and municipal law --- Human rights --- Droit international et droit interne --- Droits de l'homme --- Droits de l'homme (droit européen) --- Cases. --- Cases,. --- Cour européenne des droits de l'homme


Book
Regional courts, domestic politics, and the struggle for human rights
Author:
ISBN: 1108776566 1108805892 1108808115 1108489303 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.

Keywords

International human rights courts. --- International human rights courts --- Human rights courts, International --- International courts --- European Court of Human Rights. --- Inter-American Court of Human Rights. --- Corte Interamericana de Derechos Humanos --- Organization of American States. --- Corte I.D.H. --- Corte IDH --- I-A Court H.R. --- I-A Court HR --- Cour interaméricaine des droits de l'homme --- Corte Interamericana de Direitos Humanos --- C.E.D.O. --- CEDO --- CEDU --- ECtHR --- Avrupa İnsan Hakları Dîvanı --- Cour européenne des droits de l'homme --- Tribunal Europeo de Derechos del Hombre --- Tribunal Europeo de Derechos Humanos --- Europäischer Gerichtshof für Menschenrechte --- Evropeĭskiĭ Sud po pravam cheloveka --- Европейский Суд по правам человека --- Council of Europe. --- Corte europea dei diritti dell'uomo --- Eurōpaiko Dikastērio Anthrōpinōn Dikaiōmatōn --- Ευρωπαικό Δικαστήριο Ανθρώπινων Δικαιωμάτων --- Curtea Europeană a Drepturilor Omului --- Europejski Trybunał Praw Człowieka --- Avrupa İnsan Hakları Mahkemesi --- Evropský soud pro lidská práva --- I︠E︡vropeĭsʹkyĭ Sud z prav li︠u︡dyny --- Європейський Суд з прав людини --- Evropeĭski sŭd po pravata na choveka --- Европейски съд по правата на човека --- Europos Žmogaus teisių teismas --- Mardu iravunkʻneri evropakan dataran --- İnsan Hakları Avrupa Mahkemesi --- Evropski sud za ljudska prava --- Европски суд за људска права --- AİHM --- Gjykata Europiane për të Drejtat e Njeriut --- GJEDNJ --- EGMR --- Euroopa Inimõiguste Kohus --- European Commission of Human Rights

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