Elise Muir – författare

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights'' mandate, today''s existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights.One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape wherethey are intended to flourish.This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights'' mandate, today''s existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights.One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape wherethey are intended to flourish.This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights.One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish.This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice.Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors - from access rules to institutional design and to substantive functions - influencing the European Court's political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities - and corresponding responsibilities - that the Court's case law offers to independent observers, political institutions and civil society organisations.Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.Contributors: A. Arnull, L. Azoulai, M. Bulterman, S. Carrera, M. Dawson, M. de Visser, B. de Witte, V. Hatzopoulos, M. Höreth, C. Kaupa, E. Muir, B. Petkova, E. Vos, C. Wissels

This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice.

Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors - from access rules to institutional design and to substantive functions - influencing the European Court''s political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities - and corresponding responsibilities - that the Court''s case law offers to independent observers, political institutions and civil society organisations.

Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

Contributors: A. Arnull, L. Azoulai, M. Bulterman, S. Carrera, M. Dawson, M. de Visser, B. de Witte, V. Hatzopoulos, M. Höreth, C. Kaupa, E. Muir, B. Petkova, E. Vos, C. Wissels

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.

This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

This open access book adds a new dimension to the long-standing research on the co-existence of European Court of Human Rights and the Court of Justice of the EU, and their inter-related action and explicit interaction. As the two Courts are increasingly called upon to interpret corresponding rights, particularly owing to the ever-growing importance of fundamental rights in the EU legal order, the stakes intensify. Prior studies have mostly focused on the constitutional and substantive issues connected to this interaction. This book focuses on another dimension: the lesser-told yet fascinating tale of two – increasingly substantively overlapping – European-level judicial systems with their own procedures and institutional idiosyncrasies, their own terminology, and with their own epistemic communities of practitioners and scholars, and their own relationship to national law.In this collection a team of experts – academics and practitioners - from both systems bridges the gap between these two worlds of fundamental and human rights protection, investigating their commonalities and differences. They address the questions ‘who can go where?’, ‘on what procedural roads?’, ‘at what speed?’ and ‘to what final destination?’.This book is an essential resource for anyone working or studying the protection of fundamental and human rights in Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law. Thorough and incisive, this analysis of the constraints imposed by EU law on the exercise by domestic institutions of their competence in regulating labour markets is valuable not only to lawyers and academics in employment law, but also of great interest to jurists and policymakers in the wider field of European law as an accurate overview of the tensions between EU constraints and the tools used by national policy makers.

With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law.