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Common European Legal Thinking: Essays in Honour of Albrecht Weber

Common European Legal Thinking: Essays in Honour of Albrecht Weber

Author: H. J. Blanke; P.C. Villalon; T. Ziller J. Klein
Publisher: Springer-Verlag
ISBN: 9783319192994
Published In: October 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States.

Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law.

These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Fernandez Segado, James Otis and The Writs of Assistance Case (1761)

Cruz Villalon, European "Essentials": A Contribution to Contemporary Constitutional Culture

Arnold, Common Legal Thinking in European Constitutionalism: Some Reflections

Cromme, A Perspective of EU Constitutional Law

Tomuschat, One State, one Seat, one Vote? Accommodating Sovereign Equality to International Organizations

Constantinesco, La Conciliation entre la Primaute du Droit de l'Union Europeenne et l'Identite Nationale des Etats Membres: Mission Impossible ou Espoir Raisonne?

Starck, International Law, Law of the European Union and National Constitutional Law

Klein, Who amends the German Basic Law? The EU's influence on equal rights for same-sex registered civil partners in German jurisprudence

Vidal Prado, Multilevel Protection of Fundamental Rights in Europe: the Case of Spain

Cardoso da Costa, The Portuguese Constitution and European Union law

Fromont, L'Allemagne, la France et l'Union Europeenne: Dialogue ou Duel des Juges Constitutionnels?

Hade, Die Rechtsprechung zur Euro-Krise

Galetta, General Principles of EU Law as Evidence of the Development of a Common European Legal Thinking: the Example of the Proportionality Principle (from the Italian Perspective)

Blanke/Bottner, The Democratic Deficit in the Economic Governance of the European Union

Muller-Graff, The Role of Fundamental Rights in the EU Federal Community of Law

Stern, The Binding Force and Field of Application of the Fundamental Rights Enshrined in the Charter of Fundamental Rights of the European Union

Garlicki, The Strasbourg Court on Issues of Religion in the Public Schools System

Renoux, Human Rights and Counter-Terrorism: How to reconcile the irreconcilable? The French method

Eichendorfer, Social Policy and Human Rights

Mokrosch/Regenbogen, Can Values Education Promote Cohesion in Europe?

Spieker, The Legal Language of the Culture of Death in Europe

Zehetner, What Do we Mean by Ethics in Finance?

Horspool, The Importance and Impact of the Language Regime of the European Union on its Law

Ziller, Multilingualism and its Consequences in European Union Law

Nicolas Muniz, Salvador de Madariaga's Federalism: A Two-Part Look at the European Integration and Spain's Decentralization

Delperee, European Belgium

Luther, The Institution of the Italian Senate under Reform: Sacrifice or Self-Reflection?

von Borries, Romania's Accession to the European Union: The Rule of Law Dilemma

Strohmeier/Spichtinger, Dealing with Data - Legislative Challenges and Opportunities for the Digital Single Market from the Perspective of Research

Sommermann, Objectives and Methods of a Transnational Science of Administrative Law

Barnes Vazquez, New Frontiers of Administrative Law: A Functional and Multi-Disciplinary Approach.

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