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Essays in Honour of Henry G. Schermers: Volume 2. Institutional Dynamics of European Integration

Diedre Curtin, Ton Heukels

ISBN13: 9780792331605
ISBN: 0792331605
Published: June 1996
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £458.00



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This volume is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume aims to refine legal understanding of the European Union in its present complex phase of development, it also constitutes a personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.

Contents:
Constitutional Issues: The Dialectic Relationship between Institutional Law and Substantive Tasks in and after the Treaty of Maastricht: Some Lessons from Henry G. Schermers and from Jean Monnet; P. Verloren van Themaat. Fin-de-siecle Europe: On Ideals and Ideology in Post-Maastricht Europe; J.H.H. Weiler. The Quest for Subsidiarity; T. Koopmans. The Community's Constitution - Rigid or Flexible? The Contemporary Relevance of the Constitutional Thinking of James Bryce; D.A.O. Edward. Alternative Approaches to Constitution Building: the Judicial Committee of the Privy Council; R.C. Lane. Institutional and Legislative Questions: The European Council; H.-J. Glaesner. The Role of Council of the European Union; A. Dashwood. The Court of Justice of the European Communities after the Year 2000; P.J.G. Kapteyn. Democratic Decision Making in the European Union and the Role of the European Parliament; G. Ress. The Court of Auditors; D. O'Keeffe. The Configuration of the European Union: Community Dimensions of Institutional Interaction; T. Heukels, J.W. de Zwaan. The Institutional Provisions of the EMU; P.J. Slot. The Quality of Community Legislation Drafting; A.E. Kellermann. Judicial Protection and Enforcement: Omnipotent Courts; A. Barav. Court of Justice: Judicial Protection and the Rule of Law; G. Bebr. The Horizontal Effect of Directive Provisions Revisited: the Reality of Catchwords; W. van Gerven. Form and Substance of the Preliminary Rulings Procedure; K. Lenaerts. To Refer or Not to Refer: About the Last Paragraph of Article 177 of the EC Treaty; B.H. ter Kuile. Judicial Protection against the Member States: Articles 169 and 177 Revisited; C.W.A. Timmermans. The Investigative and Supervisory Powers of the Commission; T.P.J.N. van Rijn. Application and Enforcement of Community Law by the Member States: Actors in Search of a Third Generation Script; D.M. Curtin, K.J.M. Mortelmans. Treaty Violations and Liability of Member States and the European Community: Convergence or Divergence? D.F. Waelbroeck. General Principles of Law and Human Rights: The Procedural Guarantees in the Recent Case Law of the European Court of Justice; J. Schwarze. Rights of Defence in Competition Cases; R.H. Lauwaars. Is there a General Principle of Abuse of Rights in European Community Law? L. Neville Brown. The Significance of the Non-Discrimination Principle for the Common Agricultural Policy: Between Competition and Intervention; R. Barents. The Protection of Human Rights under the Maastricht Treaty; G. Gaja. European Community Law and the European Convention on Human Rights; F.G. Jacobs. International Developments: Groping towards Europe's Foreign Policy; E. Denza. Closing the Uruguay Round; K.R. Simmonds. The European Community at UNCED: Lessons to be Drawn for the Future; L.J. Brinkhorst. The Community and State Succession in Respect of Treaties; P.J. Kuyper. (Part Contents).