The most evident quality of the book is its pedagogical aspect ... It is obviously a remarkable tool for entering into the exploration of its object. On every strategic issue, it provides the essential concrete references - case law ones especially - in European law (EU and ECHR) and in the most visible domestic systems.
Jean-Bernard Auby, Common Market Law Review
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.
The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments.
The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar.
Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law.
In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Les mer
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the EU, the law of the ECHR, and the different domestic legal orders.
Les mer
1: Introduction
2: The Phases of European Integration
3: The European Legal Order
4: European and Domestic law
5: The Independence and Interdependence of Judges
6: A European Model of Public Administration
7: Conclusion
Les mer
`Bernard Stirn's book provides an easy to read and authoritative introduction to the common principles of public law which have been developing across Europe in the last 60 years. It shows how the shared experience of belonging to the European Convention on Human Rights and the European Union have contributed to establishing principles of liberal democracy and modern, accountable government in national legal orders in Europe. This book is highly recommended
as a starting point for understanding public law in Europe today.'
John Bell QC (Hon.), FBA (University of Cambridge)
`Bernard Stirn provides a tour de force examination of the development of Europe by its laws and institutions. Part legal history, part legal practitioner's reference material, Stirn's words are beautifully translated by international public law expert Dr. Eirik Bjorge. This little book is a fascinating and accessible read, making it an asset for public lawyers, politicians and all those with an interest in Europe's place in modern geopolitics
'
Kirsty Brimelow QC, Chairwoman of the Bar Human Rights Committee of England and Wales, Barrister at Doughty Street Chambers
`This is an important book concerning European Public Law broadly conceived, which brings together developments at national and European level. It should be read by all those interested in the subject. The author is very widely respected and the translation is excellent
'
Paul Craig, Professor of English Law, University of Oxford
Les mer
Presents an insight into the interaction between the EU, the law of the European Convention, and domestic public law.
Translated from French and edited by Eirik Bjorge.
Delivers an historical account from the foundations of the European Coal and Steel Community to the European Union.
Provides analysis on the relationship between the EU and the European Convention on Human Rights.
Covers in English a number of debates which have hitherto only been available in French
Offers a multi-faceted account of the most pertinent legal issues concerning the European project.
Les mer
Bernard Stirn is the President of the Judicial Section of the Conseil d'État. He teaches public law at Sciences Po and at the École nationale d'administration.
Eirik Bjorge is a Senior Lecturer in Law, University of Bristol.
Les mer
Presents an insight into the interaction between the EU, the law of the European Convention, and domestic public law.
Translated from French and edited by Eirik Bjorge.
Delivers an historical account from the foundations of the European Coal and Steel Community to the European Union.
Provides analysis on the relationship between the EU and the European Convention on Human Rights.
Covers in English a number of debates which have hitherto only been available in French
Offers a multi-faceted account of the most pertinent legal issues concerning the European project.
Les mer
Produktdetaljer
ISBN
9780198789505
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
404 gr
Høyde
223 mm
Bredde
152 mm
Dybde
20 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
226
Forfatter
Redaktør