The Impact of European Rights on National Legal Cultures

The Impact of European Rights on National Legal Cultures

4.11 - 1251 ratings - Source

This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political, social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.European law145 on the basis of loyalty and special allegiance existing between public sector employees and the state.146 This ... provides that the free movement provisions do not apply to employment in the public service.147 The assumption which exists is that ... I.I. of the UK Civil Service Management Code which provides that civil servants owe a duty of loyal service to the Crown as their employer.

Title:The Impact of European Rights on National Legal Cultures
Author:Miriam Aziz
Publisher:Hart Publishing - 2004


You Must CONTINUE and create a free account to access unlimited downloads & streaming