Madalina Moraru – författare
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5 produkter
5 produkter
1 830 kr
Skickas inom 10-15 vardagar
This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Inbunden, Engelska, 2020
1 358 kr
Skickas inom 10-15 vardagar
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union
Häftad, Engelska, 2022
744 kr
Skickas inom 10-15 vardagar
This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Practice of Judicial Interaction in the Field of Fundamental Rights
The Added Value of the Charter of Fundamental Rights of the EU
Inbunden, Engelska, 2022
2 184 kr
Skickas inom 5-8 vardagar
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.
2 253 kr
Kommande
This book centres on the transformation that the European Union has undergone in framing its reaction to the Russian aggression towards Ukraine, and analyses the effects that that reaction is having across a number of its policies.Key EU policy domains examined include the formulation of sanctions packages under the Common Foreign and Security Policy (CFSP) and their implementation and enforcement, but also migration, enlargement and defence policy.The volume presents a legal analysis of the innovations introduced in various policy fields and their profound implications on EU external action writ large, including a discussion of ensuing case law of the Court of Justice of the European Union and the impact of the EU practice on restrictive measures on Public International Law.The book provides an updated examination of the latest developments regarding the EU’s reaction to the Russo-Ukrainian war and their legal and political implications. It will be of interest to scholars of European Law, European studies, International Relations and Political Science, in addition to foreign policy practitioners and legal professionals.Madalina Moraru is an Associate Professor of EU Law in the Department of Political and Social Sciences of the University of Bologna in Italy.Luca Paladini is an Associate Professor of EU Law in the Department of Humanities of the University for Foreigners of Siena in Italy.Clara Portela is a Professor of Political Science in the Department of Constitutional Law and Political Science of the University of Valencia Faculty of Law in SpainSara Poli is full Professor of EU law in the Department of Political Science at the University of Pisa in Italy.