A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome: The Former Yugoslav Republic of Macedonia Cases (Routledge Revivals)

First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state's unilateral measures. &nbsp;

Xanthaki, Helen

Stefanou, Constantin

Foreign & International Law

Routledge

Review\n"The 6th edition of a legal text is in itself a tribute to its durability and usefulness. In the over 50 years since G.C. Thornton published his 1st edition in 1970, his book has stood the test of time … Under the direction of Professor Xanthaki, the 5th and now 6th editions … have continued to pursue Thornton’s original objective of providing practical guidance to those engaged in drafting legislation." ― John Mark Keyes, University of Ottawa, The Loophole\nIf you're involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law.\nThornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally.\nCompletely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances.\nFully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on:\n- Legislation as a Tool for Regulation 
- Transposition of EU Legislation 
- Pre- and post-legislative scrutiny: the lifecycle of legislation\nThornton's Legislative Drafting helps the reader to:\n- Identify the aim of legislation as one of the regulatory tools 
- Align their concept of legislative quality with that of effectiveness of legislation 
- Use effectiveness as the criterion for resolving drafting dilemmas 
- Apply the effectiveness doctrine to all aspects of legislative drafting 
- Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions 
- Earn awareness of best practice in aspects of legislative drafting worldwide 
- Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.

Thornton's Legislative Drafting

Specialties

Bloomsbury Professional

If you're involved in drafting or amending legislation in the Commonwealth or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law.
Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally.
Completely refreshed and updated, the new fifth edition includes full coverage of contemporary drafting developments and advances.
How will Thornton's Legislative Drafting help you in your work? Guides you through the five stages of the drafting process; Guides you through the legislative sentence, the structure of the Act, and the drafting of preliminary, substantive, final, and special provisions; Provides valuable updates on the drafting of preliminary and final provisions; Demonstrates contemporary drafting conventions through fresh examples of recent legislatio;n; Shows developments in their historical context through the use of selected older examples.
The detailed, learned and professional guidance you have been used to in previous editions remains the same, along with examples of best – and bad – practice. The work updates these 'best practice' examples with modern expressions and excerpts from current legislation, from both larger and smaller Commonwealth jurisdictions and the USA – so you can make sure the wording you use is current and contemporary.
 Previous edition ISBN: 9781845923532

Legal Education

Legislative Drafting for the EU: Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU

Edward Elgar Publishing

Article 215(2) [new Article 288(2)EC] introduces the right of individuals to seek compensation for damages caused to them by wrongful acts or omissions of EU institutions. The authors argue that the post-Francovich ECJ case law on state liability allows this legal provision to be used as the legal basis for an action for damages against Member States which violate EC law and the Commission for its failure to fulfil the supervisory task entrusted to it by Article 155 (new Article 211).

A Legal and Political Interpretation of Article 215

History

Europe

Ashgate Pub Ltd

The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.

OLAF at the Crossroads: Action against EU Fraud (Studies in International and Comparative Criminal Law)

White, Simone

Hart Publishing

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Drafting Legislation: Art and Technology of Rules for Regulation

Constitutional Law

This work examines Articles 224 and 225 of the Treaty of Rome from political and historical perspectives, providing case studies, and the text of the articles themselves. It explains the procedure and events which defined the articles.

A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome: The Former Yugoslav Republic of Macedonia Cases

Politics & Social Sciences

Politics & Government

Dartmouth Pub Co

See the best price to sell, buy, or rent books by Xanthaki, Helen. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Xanthaki, Helen

See the best price to sell, buy, or rent books by Xanthaki, Helen. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome: The Former Yugoslav Republic of Macedonia Cases (Routledge Revivals)

A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome: The Former Yugoslav Republic of Macedonia Cases (Routledge Revivals)

Thornton's Legislative Drafting

Thornton's Legislative Drafting

Legislative Drafting for the EU: Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU

A Legal and Political Interpretation of Article 215

OLAF at the Crossroads: Action against EU Fraud (Studies in International and Comparative Criminal Law)

Drafting Legislation: Art and Technology of Rules for Regulation

A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome: The Former Yugoslav Republic of Macedonia Cases