NEW PUBLICATIONS IN THE FIELD OF EU LAW – KSLR EU Regulation Weblog

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The editors of the KSLR EU Law Blog are pleased to announce recent publications in the field of EU law, with a discount attached for our readers.

Rightful Relations with Distant Strangers

Kant, the EU, and the Wider World

Aravind Ganesh

This book provides a philosophical critique of legal relations between the EU and ‘distant strangers’ neither located within, nor citizens of, its Member States. Starting with the EU’s commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in ‘all its relations with the wider world’, Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant’s philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant’s final and comprehensive statement of his general theory of law.

The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace.

Aravind Ganesh is Vice Chancellor’s Research Fellow in Law at Oxford Brookes University, UK.

Mar 2021   |   9781509941315   |   352pp   |   Hbk   |    RSP: £70

Discount Price: £56

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

 

Torture, Inhumanity and Degradation under Article 3 of the ECHR

Absolute Rights and Absolute Wrongs

Natasa Mavronicola

This book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an ‘absolute right’ in human rights law is and draws out how such a right’s delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right’s ‘fringes’: from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.

Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right’s contours in line with its absolute character.

Natasa Mavronicola is a Reader in Law and Deputy Head of Research at Birmingham Law School, University of Birmingham, United Kingdom.

Feb 2021   |   9781509902996   |   224pp   |   Hbk   |    RSP: £75

Discount Price: £60

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

Cassis de Dijon

40 Years On

Edited by Albertina Albors-Llorens, Catherine Barnard and Brigitte Leucht

Why is the 1979 the Court of Justice judgment in Cassis de Dijon so famous and so significant in the evolution of EU trade law?. As this landmark judgment approaches middle age, this book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijonas it did? How has the decision been developed by the EU? And, looking forward, how has the decision been used to develop international trade? This book brings together some of the leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of his ground-breaking judgment, looking at it from the perspective of its past (who, what and why); its present (is it making a difference?); and its future (how does it fit in international trade agreements, including the future UK-EU FTA?).

 

Albertina Albors-Llorens is Professor of EU Law at the University of Cambridge, United Kingdom.

Catherine Barnard is Professor of European Union and Labour Law at the University of Cambridge, United Kingdom.

Brigitte Leucht is Senior Lecturer in German and European Studies at the University of Portsmouth, United Kingdom.

Feb 2021   |   9781509936632   |   304pp   |   Hbk   |    RSP: £85

Discount Price: £68

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

EMU Integration and Member States’ Constitutions

Edited by Stefan Griller and Elisabeth Lentsch

In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States’ attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht.

The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States.

The individual country studies address the following issues:

– Main characteristics of the national constitutional system, and constitutional culture;

– Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments;

– Constitutional obstacles to EMU integration;

– Constitutional rules and/or practice on implementing EMU-related law; and

– The resulting relationship between EMU-related law and national law

Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

 

Stefan Griller is Professor of European Law at the University of Salzburg, Austria.

Elisabeth Lentsch was formerly Post-Doc Researcher in the Horizon 2020 Project ‘The choice for Europe since Maastricht’, from 2015 to 2019.

Feb 2021   |   9781509935789   |   704pp   |   Hbk   |    RSP: £150

Discount Price: £120

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

The Principle of Mutual Trust in EU Criminal Law

Auke Willems

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice.

The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law.

This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

 

Auke Willems is Lecturer in EU Law at the University of Liverpool and a Visiting Fellow at the London School of Economics and Political Sciences.

Feb 2021   |   9781509924547   |   352pp   |   Hbk   |    RSP: £80

Discount Price: £64

Order online at www.hartpublishing.co.uk – use the code UG7 at the checkout to get 20% off your order!

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