Marcus Klamert – författare

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justiceto often-controversial effect.Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle''s role in the shaping of EU law. It addresses important and yet unresolvedquestions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of theEuropean Court of Justice, and highlights its central importance to understanding EU public law.

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law, its application in preventing and resolving conflicts between the Union and the Member States, and the loyalty principle's role in the shaping of EU law. It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why loyalty has been neglected in the prevailing narratives about the foundational case law of the European Court of Justice, and highlights its central importance to understanding EU public law.

Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.

This book provides the first comprehensive treatment of the principles shaping EU law: autonomy, conferral, equality, national identity, loyalty, solidarity, supremacy and effectiveness.Much has been written about principles of EU law inspired by national law, such as fundamental rights, but what of the principles that are specific to EU law? The book discusses the origins of the EU’s structural principles, where they are located, and how they are applied in practice. The author proposes that these principles are deeply interrelated and ensure the legal unity and uniformity of EU law. Their role in the EU's external relations is also explored.This book brings a much-needed focus to the network of structural principles upholding the EU's constitutional order.

This book provides the first comprehensive treatment of the principles shaping EU law: autonomy, conferral, equality, national identity, loyalty, solidarity, supremacy and effectiveness. Much has been written about principles of EU law inspired by national law, such as fundamental rights, but what of the principles that are specific to EU law? The book discusses the origins of the EU's structural principles, where they are located, and how they are applied in practice. The author proposes that these principles are deeply interrelated and ensure the legal unity and uniformity of EU law. Their role in the EU's external relations is also explored. This book brings a much-needed focus to the network of structural principles upholding the EU's constitutional order.

This book provides the first comprehensive treatment of the principles shaping EU law: autonomy, conferral, equality, national identity, loyalty, solidarity, supremacy and effectiveness. Much has been written about principles of EU law inspired by national law, such as fundamental rights, but what of the principles that are specific to EU law? The book discusses the origins of the EU's structural principles, where they are located, and how they are applied in practice. The author proposes that these principles are deeply interrelated and ensure the legal unity and uniformity of EU law. Their role in the EU's external relations is also explored. This book brings a much-needed focus to the network of structural principles upholding the EU's constitutional order.