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The Court of Justice and European Criminal Law: Leading Cases in a Contextual Analysis

Edited by: Valsamis Mitsilegas, Alberto di Martino, Mancano. Leandro

ISBN13: 9781509946747
To be Published: March 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £44.99
Hardback edition , ISBN13 9781509911172



The aim of this book is to provide an insight into the landmark rulings of the Court of Justice of the European Union (CJEU) in European Criminal Law (ECL). As in other areas of EU law, the decisions of the CJEU have been a driving force for development and integration. By analysing the impact of these leading cases on EU and national law, the book provides a diachronic and multifaceted picture of the Court's approach to criminal law.

Subjects:
Criminal Law, EU Law
Contents:
PART I. PRINCIPLES
1. C-80/86 – Kolpinghuis Nijmegen
The General Principles of European (Criminal) Law as Limitation to the Enforcement of EU Law: The Kolpinghuis Nijmegen Rule
Dr Luisa Marin
Indirect Effect of EU Law aft er Kolpinghuis Nijmegen (C-80/86): Consistent Interpretation in Dutch Criminal Courts
Jannemieke Ouwerkerk
2. C-387/02 – Berlusconi and Others
The Berlusconi Judgment: A Cornerstone of European Legality
Frank Meyer
Allusion, Illusion, Delusion. The Assessment of the Berlusconi Judgment in Italy
Alberto di Martino
3. C-105/03 – Pupino
Impact of the Pupino Decision on EU Law
Maria Fletcher
Protecting Vulnerable Victims and Beyond: The Duty of Consistent Interpretation in Criminal Matters in Italy aft er Pupino
Grazia Maria Vagliasindi
PART II. COMPETENCE
4.
68/88 – Commission v Greece
Effectiveness, Dissuasiveness, Proportionality of Sanctions and Assimilation Principle: The Long-Lasting Legacy
of the Greek Maize Case
Fabio Giuffrida
The Greek Maize Case. From Sincere Cooperation to Criminal Law Integration in the EU
Rosaria Sicurella
5. C-176/03 – Commission of the European Communities v Council of the European Union
The 'Constitutional' ECJ Ruling on the Enforcement of Community Law (Case C-176/03) and its Impact on EU Law
M Kaiafa-Gbandi
EU Substantive Criminal Competence and the Court of Justice: Reactions to the Case Law
Samuli Miettinen
6. C-105/14 – Taricco and Others
On Legality in Criminal Matters between Primacy of EU Law and National Constitutional Traditions. A Study of the Taricco Saga
Silvia Allegrezza
Taricco, Endgame
Vittorio Manes
PART III. NE BIS IN IDEM
7. C-187/01 – Gözütok and Brügge
Comment on CJEU, 11 February 2003, Joined Cases C-187/01 and C-385/01 Criminal Proceedings v Hüseyin Gözütok and Klaus Brügge
Anne Weyembergh
The Impact of Case C-187/01 [Gözütok/Brügge] at the National Level: Inadvertent Legacy
Elisavet Symeonidou-Kastanidou and Yannis Naziris
8. C-486/14 – Kossowski
Judgment (Grand Chamber) C-486/14 Piotr Kossowski, 29 June 2016
Kai Ambos
Impact of the Case C-486/14 – Kossowski at National Level
Celina Nowak
9. C-617/10 – Akerberg Fransson
Fishing for Better Rights Protection: The Court of Justice on the Application of the Charter in the Member States and the Reach of ne bis in idem
Tobias Lock
The Impact of Case C-617/10: Akerberg Fransson at National Level – The Swedish Example
Maria Bergström
PART IV. MIGRATION AND CITIZENSHIP
10. C-61/11 PPU – El Dridi
Criminalisation of Irregular Migration in the EU: The Impact of El Dridi
Niovi Vavoula
Reshaping Criminalisation of Irregular Migration in Italy: The Impact of EU Law Beyond the El Dridi Judgment
Alessandra Annoni
11. C-304/14 – CS
The Intersection of National Criminal Law and EU Citizenship Law: Reflections on the Judgment in CS
Niamh Nic Shuibhne
Leave at Your Chosen Speed? EU Citizenship and Criminal Convictions: An Insight into the United Kingdom's Approach
Leandro Mancano
PART V. MUTUAL RECOGNITION AND MUTUAL TRUST
12. C-303/05 – Advocaten voor de Wereld
Advocaten voor de Wereld: The Salvation of Mutual Trust
Henning Fuglsang Sorensen
The Contribution of Advocaten voor de Wereld for the Protection of Human Rights in the Context of Supra-State Law and for the Doctrine of Double Criminality
Pedro Caeiro
13. C-396/11 – Radu
Judgment of the Court of Justice of the European Union, 29 January 2013, Radu
Rosa Raffaelli
The Implication of Radu at a National Level: National Courts' Diversified Response to Conflicting Obligations
Irene Wieczorek
14. C-399/11 – Melloni
Melloni: Primacy versus Rights?
Valsamis Mitsilegas and Leandro Mancano
Bypassing or Intensifying the Dialogue between Courts? The Impact of Melloni at the National Level
Lorena Bachmaier Winter
15. Joined Cases C-404/15 and C-659/15 PPU – Pál Aranyosi and Robert Caldararu v Generalstaatsanwaltschaft Bremen
Resetting the Parameters of Mutual Trust: From Aranyosi to LM
Valsamis Mitsilegas
Aranyosi and Caldararu through the Eyes of National Judges
Adam Lazowski
The Effect of CJEU Case Law Concerning the Rule of Law and Mutual Trust on National Systems
Petra Bárd and Wouter van Ballegooij

Series: Modern Studies in European Law

Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published August 2025
Hart Publishing
£58.00
Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published August 2023
Hart Publishing
£70.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published December 2022
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£75.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published September 2022
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£90.00
EU Governance of GMOs ISBN 9781841138039
To be published May 2022
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£50.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published April 2022
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£35.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published March 2022
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£100.00
The Fundamental Rights of Companies: EU, US and International Law Compared ISBN 9781841136899
To be published September 2021
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£85.00
New Directions in European Private Law ISBN 9781509935611
To be published June 2021
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£85.00
EU Criminal Law 2nd ed ISBN 9781849464581
To be published May 2021
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£35.00
Standing to Enforce European Union Law before National Courts ISBN 9781509937141
To be published April 2021
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£90.00
The Internal Market 2.0 ISBN 9781509939039
Published December 2020
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£90.00
The Internal Market 2.0 (eBook) ISBN 9781509939046
Published December 2020
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£81.00
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The Interface Between EU and International Law: Contemporary Reflections ISBN 9781509946105
Published December 2020
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£39.99
EU Citizenship at the Edges of Freedom of Movement (eBook) ISBN 9781509937264
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£67.50
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EU Citizenship at the Edges of Freedom of Movement ISBN 9781509937257
Published November 2020
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£75.00
Framing Convergence with the Global Legal Order (eBook)
Edited by: Elaine Fahey
ISBN 9781509934386
Published October 2020
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Edited by: Elaine Fahey
ISBN 9781509934379
Published October 2020
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Social Legitimacy in the Internal Market A Dialogue of Mutual Responsiveness ISBN 9781509941148
Published October 2020
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£36.99
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509941131
Published October 2020
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£36.99
The European Union under Transnational Law: A Pluralist Appraisal ISBN 9781509938254
Published May 2020
Hart Publishing
£25.00
Environmental Crime in Europe ISBN 9781509937455
Published April 2020
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£35.00
£35.00
The Juridification of Individual Sanctions and the Politics of EU Law ISBN 9781509909797
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The Rule of Law in the European Union: The Internal Dimension ISBN 9781509935178
Published January 2020
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£25.00
The European Union and Social Security Law ISBN 9781509935697
Published December 2019
Hart Publishing
£30.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781509935734
Published December 2019
Hart Publishing
£30.00
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509935659
Published December 2019
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£35.00
Republican Europe ISBN 9781509933051
Published October 2019
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EU Liability and International Economic Law ISBN 9781509933082
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Critical Reflections on Constitutional Democracy in the European Union ISBN 9781509933259
Published October 2019
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Marketing and Advertising Law in a Process of Harmonisation ISBN 9781509932122
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Published August 2019
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The European Union’s External Action in Times of Crisis ISBN 9781509928798
Published April 2019
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£42.99
The Rise and Decline of Fundamental Rights in EU Citizenship ISBN 9781509917938
Published March 2019
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£70.00
The Pluralist Character of the European Economic Constitution ISBN 9781509926442
Published December 2018
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£30.00
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Published August 2018
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£28.99
The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781509922079
Published May 2018
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The EU Better Regulation Agenda: A Critical Assessment (eBook) ISBN 9781509917358
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Published April 2018
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Published March 2018
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£38.99
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Published February 2018
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£31.99
£70.00
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Environmental Crime in Europe ISBN 9781509914012
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The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
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Edited by: Daniel Thym
ISBN 9781509914685
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The European Union in International Organisations and Global Governance ISBN 9781509918379
Published December 2017
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£38.99
The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
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£60.00
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The European Union and Social Security Law ISBN 9781509911578
Published August 2017
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Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
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Published June 2017
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£32.99
£34.99
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Published June 2017
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£65.00
EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
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Published May 2017
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£32.99
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
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£25.99
£35.00
The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published October 2016
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£95.00
The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
Published October 2016
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
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£26.99
£33.99
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
Hart Publishing
£34.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£32.99
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published June 2016
Hart Publishing
£31.99
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
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£70.00
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
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European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
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£65.00
The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
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£65.00
The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
Published February 2016
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
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£65.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
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Advanced Issues in European and International Tax Law ISBN 9781849466950
Published December 2015
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Advanced Issues in European and International Tax Law (eBook) ISBN 9781849469555
Published December 2015
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£35.09
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Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
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£28.79
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
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£70.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
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£75.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
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The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
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£35.09
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£85.00
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£65.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£21.59
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Published September 2015
Hart Publishing
£27.99
£75.00
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Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
Hart Publishing
£70.00
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Published July 2015
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
Hart Publishing
£75.00
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Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
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£80.00
EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
Hart Publishing
£54.99
EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
Published March 2015
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
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£65.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
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European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£24.29
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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£65.00
The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
Hart Publishing
£80.00
The EU Accession to the ECHR (eBook) ISBN 9781782254478
Published July 2014
Hart Publishing
£31.49
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
Hart Publishing
£75.00
EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
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£28.79
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Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
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£29.69
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Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
Hart Publishing
£75.00
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£80.00
£80.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
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£29.99
EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
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£65.00
EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
Published February 2014
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£70.00
£49.50
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£55.00
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£70.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
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£63.00
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Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
Hart Publishing
£63.00
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
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£70.00
The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
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£76.50
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The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
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£117.00
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£130.00
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
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Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
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£85.50
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Published September 2012
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
Published August 2012
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
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The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
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Published November 2011
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
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£80.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
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£70.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
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£42.99
£120.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
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£130.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
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£225.00
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
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EU Criminal Law ISBN 9781841135854
Published March 2009
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£54.99
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Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
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£41.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
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£90.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
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£59.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
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£120.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
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£90.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
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£75.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
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Soft Law in European Community Law ISBN 9781841134321
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