The legal effects of EU agreements / Mario Mendez.

Format:

Book

Author/Creator:

Méndez, Mario.

Series:

Oxford studies in European law.

Oxford studies in European law

Language:

English

Subjects (All):

Court of Justice of the European Union.

Administrative law--European Union countries.

Administrative law.

European Union countries--Foreign relations--Treaties.

European Union countries.

Physical Description:

1 online resource (358 pages) : illustrations; digital file(s).

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2012.

Language Note:

English

System Details:

text file

Summary:

A comprehensive analysis of the legal effects of EU agreements explored in both comparative perspective and in terms of the ramifications for the legal orders of the member states. The book provides a thorough analysis of the case-law in this increasingly important area of EU law, valuable to academics and practitioners alike.

Contents:

Cover; Title Page; Copyright Page; Dedication; Contents; List of Abbreviations; Introduction; I. The Legal Effects of Treaties in Domestic Legal Orders and the Role of Domestic Courts; 1. Introduction; 2. The Dictates of International Law; 3. Domestic Legal Orders and the Legal Effects of Treaties; 4. Revisiting the Theory and the Role of Domestic Courts; 5. Conclusions; II. The Constitutional Status of EU Agreements: Revisiting the Foundational Questions; 1. Introduction; 2. Opting for Automatic Treaty Incorporation: EU Agreements as Acts of the Institutions and an Integral Part of EU Law 62

3. Constitutional Review of EU Agreements: Constitutionalism Running Wild?4. The Judicial Application of EU Agreements and Direct Effect; 5. Conclusions; III. The Association, Cooperation, Partnership, and Trade Agreements Before the EU Courts: Embracing Maximalist Treaty Enforcement?; 1. Introduction; 2. Preliminary Rulings; 3. Direct Actions; 4. Conclusions; IV. The GATT and WTO Before the EU Courts: Judicial Avoidance Techniques or a Case Apart?; 1. Introduction; 2. GATT Agreements Before the EU Courts; 3. WTO Agreements Before the EU Courts; 4. Conclusions

V. The Non-Trade Agreements Before the EU Courts: The Emergence of Judicial Avoidance Techniques in Challenges to EU Action1. Introduction; 2. Challenges to Domestic Action; 3. Challenges to EU Action; 4. Conclusions; VI. Concluding Assessment; 1. Introduction; 2. Ex Post Challenges to EU Agreements: The Triumph of Constitutionalism; 3. EU Agreements in Challenges to Domestic Action: Embracing Maximalist Treaty Enforcement; 4. EU Agreements in Challenges to EU Action: The Allure of Judicial Avoidance Techniques; 5. Conclusions; Appendix EU Agreements Case Law Data-Set; Bibliography; Index

Notes:

Revision of the author's thesis (Ph. D.)--European University Institute, 2009.

Includes bibliographical references and index.

Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Unported CC BY-NC-ND 3.0 https://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

Description based on online resource; title from home page (viewed on Apr. 5, 2013).

Description based on publisher supplied metadata and other sources.

Other Format:

Print version:

ISBN:

9780191741906

0191741906

9780191648373

019164837X

9780191648366

0191648361

OCLC:

836402498

Publisher Number:

https://dx.doi.org/10.1093/acprof:oso/9780199606610.001.0001

Access Restriction:

Unrestricted online access