The Principle of Loyalty in EU Law

Hardcover | February 16, 2014

byMarcus Klamert

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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 seriousduties 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, itsapplication 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, theUnion 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 publiclaw.

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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 seriousduties on States to give strong effect to Eur...

Marcus Klamert is currently a Legal Officer with the European Commission (DG SANCO (Health and Consumers), Unit D4 - Substances of human origin and tobacco control). He was previously Senior Lecturer at the Institute for European and International Law at the Vienna University of Economics and Business (WU), Fellow of the Austrian Acad...

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Kobo ebook|Oct 16 2014

$101.09 online$131.23list price(save 22%)
Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.1 inPublished:February 16, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199683123

ISBN - 13:9780199683123

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Table of Contents

IntroductionPart I: Introducing Loyalty1. Loyalty in the EU Treaties2. Loyalty in Context3. Loyalty and the Constitutionalization of EU LawPart II: The Cohesion of European Union Law4. A Primer on the Structure of Union Law5. Supremacy, Pre-Emption, and the Union Interest6. Effectiveness, Judicial Protection, and LoyaltyPart III: Cooperation in the European Union7. A Primer on Union Competences8. Loyalty and Non-Exclusive Competences9. Manifestations of Loyalty in Secondary Law10. Loyalty and Mixed AgreementsPart IV: The Construction of the European Union11. A Primer on Constitutional Cooperation and Conflict in the EU12. On the Nature of Loyalty13. Deconstructing Loyalty14. Amplification