Buch, Englisch, 292 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 585 g
Buch, Englisch, 292 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 585 g
Reihe: European Monographs Series Set
ISBN: 978-90-411-2472-2
Verlag: Wolters Kluwer
A notable trend in recent scholarship on the nature of the European Union and
its democratic legitimacy focuses on the concept of `legislation and its
employment within the European Community's legal system. In this remarkable
work of synthesis, Alexander Tand#252;rk exposes and elucidates the underlying
uncertainty as to the meaning of the term, and even its legitimate use, within
the Community's legal order. He arrives at a clear evaluation of the extent to
which the concept of legislation can be applied in the EC through a
comparative analysis of the British, French, and German constitutional
systems, and proceeds to reveal and highlight aspects of the concept of
legislation derived from this analysis appearing in areas of EC law.
A number of crucially significant insights emerge, among them the following:
the distinction between `legislation in form' and `legislation in substance';
defining the addressee of Community acts;
judicial determination of the general application of an act;
the relevance of the EU's system of functional (rather than personal)
representation; and
the co-decision and assent procedures of the EU institutions as `legislation
in form.
All those interested in the nature of the EC legal system and the state of its
development will find this study richly rewarding. Building rigorously on
detailed analysis of EC case law and on prior scholarship, the book shows the
way to a new understanding of the relevance of the concept of legislation to
the solution of some of the EU's most pressing legal issues.
