European Law

The EU Charter of Fundamental Rights

A Commentary

Edited by Steve Peers, University of Essex, UK, Tamara Hervey, City University, UK, Jeff Kenner, University of Nottingham, UK & Angela Ward, Birkbeck College University of London, UK This 2nd edition of the first commentary of the Charter in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary references the case law and is augmented with extensive suggestions for further reading.

UK November 2021 • US January 2022 • 1950 pages HB 9781509933471 • £325.00 / $440.00 ePub 9781509933501 • £292.50 / $381.77 ePdf 9781509933488 • £292.50 / $381.77 Hart/Beck World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)

National Constitutions and EU Integration

Edited by Stefan Griller, University of Salzburg, Austria Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

UK March 2022 • US March 2022 • 704 pages HB 9781509906765 • £150.00 / $200.00 ePub 9781509906758 • £135.00 / $177.19 ePdf 9781509906741 • £135.00 / $177.19 Hart Publishing

EU Fair Trial Rights in Criminal Proceedings

Edited by Silvia Allegrezza, University of Luxembourg & Valentina Covolo, University of Luxembourg The harmonisation of the rights of defendants in EU criminal and quasi criminal proceedings has been long overlooked in legal research. Yet it forms the bedrock of the EU Criminal Justice Area. This collection addresses that imbalance by offering a thoughtful and compelling examination of the effective implementation of defendants’ rights. It looks particularly at the required consistency between the common standards of protection stemming from EU law, the ECHR and constitutional traditions. It goes on to explore how judicial dialogue between national and European Court impacts on the field.

UK January 2022 • US January 2022 • 512 pages HB 9781509938643 • £100.00 / $135.00 ePub 9781509938650 • £90.00 / $118.56 ePdf 9781509938667 • £90.00 / $118.56 Series: Hart Studies in European Criminal Law • Hart Publishing Madness or Malaise?

Edited by Loïc Azoulai, Sciences Po Law School, France How do we grasp existential Europe? How do we explore the social practices, individual dispositions, sentiments and beliefs lying beyond the institutional façade of the European Union’s crises? This volume addresses these questions by understanding European law, and EU law in particular, as one of the main social practices which forms our lives in Europe. It examines the ways in which European law shapes and interconnects with the individual’s relationship to Europe, political forms and social forms. This thoughtful and reflective book offers an important response to the current upheavals in the EU and EU law.

UK February 2022 • US February 2022 • 160 pages HB 9781509929559 • £70.00 / $95.00 ePub 9781509929566 • £63.00 / $83.38 ePdf 9781509929573 • £63.00 / $83.38 Hart Publishing

Hart Studies in European Criminal Law

Katalin Ligeti, University of Luxembourg; Valsamis Mitsilegas, Queen Mary University of London, UK; Anne Weyembergh, Brussels Free University, Belgium

Criminal and Quasi-criminal Enforcement Mechanisms in Europe

Origins, Concepts, Future

Edited by Vanessa Franssen, University of Liège, Belgium & Christopher Harding, Aberystwyth University, UK This book looks at the interplay between criminal and public law. The need for clarifying the concepts and the interlink between administrative and criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice. The book adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy and their high quality analysis will appeal to both scholars and policymakers alike.

UK February 2022 • US February 2022 • 384 pages HB 9781509932863 • £95.00 / $130.00 ePub 9781509932870 • £85.50 / $112.04 ePdf 9781509932887 • £85.50 / $112.04 Series: Hart Studies in European Criminal Law • Hart Publishing

The Legitimacy of EU Criminal Law

Irene Wieczorek, University of Durham, UK This book investigates and critically appraises the European Union’s approach to criminalisation. It looks into what justifications for the resort to criminal law are envisaged within the EU legal order. Moreover, it further enquires into whether these choices are consistent with the EU constitutional identity as a ‘fundamental rights sensitive’ supranational organisation.

UK January 2022 • US January 2022 • 272 pages PB 9781509944392 • £36.99 / $49.95 Previously published in HB 9781509919741 ePub 9781509919758 • £67.50 / $88.59 ePdf 9781509919765 • £67.50 / $88.59 Series: Hart Studies in European Criminal Law • Hart Publishing

The Changing European Union

A Critical View on the Role of Law and the Courts

Edited by Tamara Capeta, Iris Goldner Lang & Tamara Perišin, all of University of Zagreb, Croatia This collection explores how the EU, specifically its judicial wing, is responding to new challenges currently being faced by the block. It looks at external problems shared globally such as unequal societies, the rise of populism, and the migrant crisis. It also examines those internal EU issues such as Brexit, the differences between the EU centre and peripheries, and the division of competences. Taking a multifaceted approach, this book draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced.

UK March 2022 • US March 2022 • 304 pages HB 9781509937332 • £85.00 / $115.00 ePub 9781509937349 • £76.50 / $100.32 ePdf 9781509937356 • £76.50 / $100.32 Series: Modern Studies in European Law • Hart Publishing

The UN Convention on the Rights of Persons with Disabilities and the European Union

The Impact on Law and Governance

Carmine Conte, Migration Policy Group, Brussels This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. It brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to assess the effectiveness of the Convention to protect the rights of people with disabilities. It investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effective. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.

UK March 2022 • US March 2022 • 272 pages HB 9781509945146 • £80.00 / $110.00 ePub 9781509945153 • £72.00 / $95.11 ePdf 9781509945160 • £72.00 / $95.11 Series: Modern Studies in European Law • Hart Publishing

The EU and its Member States’ Joint Participation in International Agreements

Edited by Nicolas Levrat, Yuliya Kaspiarovich, Christine Kaddous, all of University of Geneva, Switzerland & Ramses A Wessel, University of Groningen, The Netherlands This edited collection scrutinises practice and situations in which the EU and its Member States jointly undertake obligations under international law, towards third states or within international organisations. This book reframes and renews the debate on mixed agreements by exploring and comparing all types of joint participations. Each chapter is written by a team, representing another original form of ‘joint participation’ to legal scholarship.

UK January 2022 • US January 2022 • 400 pages HB 9781509945870 • £95.00 / $130.00 ePub 9781509945887 • £85.50 / $112.04 ePdf 9781509945894 • £85.50 / $112.04 Series: Modern Studies in European Law • Hart Publishing

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

Edited by Madalina Moraru, Masaryk University, Czech Republic, Galina Cornelisse, Vrije Universiteit Amsterdam, The Netherlands & Philippe De Bruycker, Universite Libre de Bruxelles, Belgium This book examines the implementation of the Return Directive from the perspective of judicial dialogue. It brings together leading legal scholars, judges and practitioners to discuss the interaction between domestic judiciaries and European courts when implementing European return policy. The book answers questions such as: what constitutes inadequate implementation of the Directive and how can judicial dialogue solve it?; how can judges strike the right balance between effective return procedures and fundamental rights?; why do different patterns of judicial dialogue emerge when it comes to particular questions of return policy, such as the use of detention?

UK February 2022 • US February 2022 • 528 pages PB 9781509943470 • £49.99 / $67.95 Previously published in HB 9781509922956 ePub 9781509922963 • £81.00 / $106.83 ePdf 9781509922970 • £81.00 / $106.83 Series: Modern Studies in European Law • Hart Publishing

Parliamentary Democracy in Europe

Nicola Lupo, LUISS Guido Carli University, Italy; Robert Schütze, Durham University, UK

The European Parliament and Delegated Legislation

An Institutional Balance Perspective

Merijn Chamon, Ghent University, Belgium This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in relation to decisionmaking at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. It considers whether the Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation.

Parliamentary Oversight of the Executives

Tools and Procedures in Europe

Elena Griglio, LUISS University of Rome, Italy The oversight of the executive is a key function of parliament. Recently, however, the influence of parliament on policy-making has been diluted. The book plots trends in parliaments across Europe, to illustrate points of convergence and divergence. The author demonstrates that the oversight of the executives, more than law-making, is a pivotal dimension to enable parliaments in Europe gaining back democratic control over decision-making.

UK January 2022 • US January 2022 • 208 pages HB 9781509931859 • £70.00 / $95.00 ePub 9781509931866 • £63.00 / $83.38 ePdf 9781509931873 • £63.00 / $83.38 Series: Parliamentary Democracy in Europe • Hart Publishing UK March 2022 • US March 2022 • 288 pages PB 9781509943661 • £36.99 / $49.95 Previously published in HB 9781509925681 ePub 9781509925698 • £67.50 / $88.59 ePdf 9781509925704 • £67.50 / $88.59 Series: Parliamentary Democracy in Europe • Hart Publishing