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European Public Law: The Achievement and the Brexit Challenge 3rd ed


ISBN13: 9789041197511
Previous Edition ISBN: 9789041147448
Published: January 2020
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £159.00



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European Public Law analyses the development of the rule of law under European influence since the 1960s and offers an extended examination of the nature of the development which has had profound practical and legal consequences for Europe and the United Kingdom (UK). The sphere of public law is ill defined and controversial. Taking the broad view that it comprises aspects of constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination on the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems to include the currently all-important challenge of Brexit.

What’s in this book:

The book explains European public law in detail and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the UK – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit:

  • constitutional law and administrative law in the EU and France, Germany and the UK;
  • subsidiarity in the EU and UK devolution;
  • openness, transparency and access to information;
  • national parliaments and scrutiny of EU law;
  • influence of EU law on UK judicial review;
  • access to justice in the light of austerity and government cuts in public expenditure;
  • the future of the UK Human Rights Act;
  • European influence on the law of liability;
  • EU ombudsmen and internal grievance procedures;
  • future relationship between EU law and UK domestic law;
  • citizenship and protection of human rights;
  • competition, regulation, public service and the market;
  • the impact of Brexit, the legal consequences of UK withdrawal legislation and European public law, the EU-UK written agreements on separation and the political declarations’ prospects for a post-Brexit trade deal.
Detailed analyses of major cases and legal provisions are featured throughout the book.

How this will help you:

Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The book will be of enormous assistance to political theorists, scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners globally, in the UK and Europe will gain invaluable insights into the laws they use to resolve practical questions of legal interpretation.

Subjects:
Constitutional and Administrative Law, EU Law
Contents:
Preface
Acknowledgements
PART I. Some Basic Issues
CHAPTER 1. Setting the Context for European Public Law
CHAPTER 2. Law and Government: A Comparative Tour
CHAPTER 3. The Union and National Systems and Their Contribution to European Public Law
CHAPTER 4. The Main Features of UK Constitutional Law and European Integration
PART II. Some Key Issues
CHAPTER 5. ‘An Ever Closer Union… in Which Decisions Are Taken… as Closely as Possible to the Citizen’: Subsidiarity and Devolution
CHAPTER 6. ‘… As Openly as Possible…’: Transparency, Openness and Access to Information
CHAPTER 7. National Participation in Union Affairs: Democracy, the UK Parliament, Devolved Parliaments and the EU
CHAPTER 8. Principles of Review
CHAPTER 9. Citizenship and Protection of Human Rights
CHAPTER 10. Public Liability: European Influence and Domestic Change
CHAPTER 11. The EU Ombudsman, Complaints and Internal Complaints and Grievance Procedures
CHAPTER 12. Competition, Regulation, Public Service and the Market
PART III. Some Problems and Future Issues
CHAPTER 13. Future Considerations
CHAPTER 14. European Public Law: Its Legacy and Brexit
Postscript
Revised EUWA Bill
Index