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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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

Edited by: Madalina Moraru, Galina Cornelisse, Philippe De Bruycker

ISBN13: 9781509922956
Published: August 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509943470



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This volume examines the implementation of the Return Directive from the perspective of judicial dialogue.

While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy.

The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts.

This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
Prologue: The Genesis of the EU's Return Policy
Fabian Lutz
Introduction: Judicial Dialogue on the Return Directive – Catalyst for Changing Migration Governance?
Galina Cornelisse and Madalina Moraru
PART 1. STAGES OF THE EU RETURN PROCEDURE: THE ROLE OF JUDGES IN ENSURING AN EFFECTIVE IMPLEMENTATION OF THE RETURN DIRECTIVE
Edited by Madalina Moraru
1. The Scope of the Return Directive: How Much Space is Left for National Procedural Law on Irregular Migration
Galina Cornelisse
2. Return Decisions and Domestic Judicial Practices: Is Spain Different?
Cristina Gortazar Rotaeche
3. Voluntary Departure as a Priority: Challenges and Best Practices
Ulrike Brandl
4. The Legal Requirements of the Entry Ban: The Role of National Courts and Dialogue with the Court of Justice of the European Union
Aniel Pahladsingh
5. Judicial Dialogue in Action: Making Sense of the Risk of Absconding in the Return Procedure
Madalina Moraru
6. Cypriot Courts, the Return Directive and Fundamental Rights: Challenges and Failures
Corina Demetriou and Nicos Trimikliniotis
PART 2. IMMIGRATION DETENTION IN THE EU: THE ROLE OF JUDGES IN SHAPING EFFECTIVE STANDARDS OF CONTROL
Edited by Galina Cornelisse
7. Alternatives to Immigration Detention in International and EU Law:Control Standards and Judicial Interaction in a Heterarchy
Evangelia (Lilian) Tsourdi
8. Scope and Intensity of Judicial Review: Which Power for Judges within the Control of Immigration Detention?
Adam Blisa and David Kosar
9. The Civil Judge as Administrator of Return Detention: The Case of Germany
Jonas Bornemann and Harald Dorig
10. The Administrative Judge as a Detention Judge: The Case of Lithuania
Irmantas Jarukaitis and Agne Kalinauskaite
11. Detention of Migrants in Belgium and the Criminal Judge: A Lewis Carroll World
Sylvie Sarolea
12. Can the Return Directive Contribute to Protection for Rejected Asylum Seekers and Irregular Migrants in Detention?The Case of Greece
Angeliki Papapanagiotou-Leza and Stergios Kofinis
13. Can a Justice of the Peace be a Good Detention Judge? The Case of Italy
Alessia Di Pascale
14. Duality of Jurisdiction in the Control of Immigration Detention: The Case of France/Trois Hautes Juridictions Nationales pour une Directive: Une Interaction Judiciaire en Trompe l'oeil
Serge Slama
PART 3. RIGHTS AND SAFEGUARDS IN THE APPLICATION OF THE RETURN DIRECTIVE: THE ROLE OF JUDGES IN SAFEGUARDING PROCEDURAL AND FUNDAMENTAL RIGHTS PROTECTION
Edited by Madalina Moraru and Galina Cornelisse
15. The Right to be Heard: The Underestimated Condition for Effective Returns and Human Rights Consideration
Valeria Ilareva
16. Impact of Judicial Dialogue(s) on Development and Affirmation of the Right to Effective Legal Remedy from Articles 13 and 14 of the Return Directive
Boštjan Zalar
17. A Lawyer's Perspective on Access to Classified Evidence in Return Cases: A View from Poland
Jacek Bialas
18. The Return of the Children
Carolus Grutters
19. Unremovability under the Return Directive: An Empty Protection?
Jean-Baptiste Farcy
20. The Prohibition of Collective Expulsion as an Individualisation Requirement
Luc Leboeuf and Jean-Yves Carlier

Series: Modern Studies in European Law

The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published August 2025
Hart Publishing
£90.00
Toward a Prosecutor for the European Union, Volume 2: Draft Rules of Procedure
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ISBN 9781849463157
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EU Employment Law 2nd ed ISBN 9781841136837
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EU Governance of GMOs ISBN 9781841138039
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The Externalisation of EU Administrative Law ISBN 9781509900596
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Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
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The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
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The Fundamental Rights of Companies: EU, US and International Law Compared ISBN 9781841136899
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Media Law and Market Regulation in the European Union ISBN 9781849460316
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The EU and the Baltic Sea Area ISBN 9781509956289
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The Changing Role of Citizens in EU Democratic Governance ISBN 9781509950867
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The Future of EU Constitutionalism
Edited by: Matej Avbelj
ISBN 9781509962907
To be published August 2024
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£41.99
Exporting the European Convention on Human Rights ISBN 9781509952472
To be published April 2024
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£41.99
Private Autonomy, Protection and the EU Internal Market
Rufat BabayevLeicester University, UK
ISBN 9781509920693
To be published April 2024
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£85.00
EU Criminal Law 2nd ed ISBN 9781509957682
Published October 2023
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£59.99
The EU and the Baltic Sea Area ISBN 9781509956241
Published June 2023
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£85.00
The Architecture of Fundamental Rights in the European Union ISBN 9781509955503
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The EU and the Baltic Sea Area (eBook) ISBN 9781509956258
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Responsive Human Rights: Vulnerability, Ill-treatment and the ECtHR ISBN 9781509954476
Published May 2023
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The Future of EU Constitutionalism
Edited by: Matej Avbelj
ISBN 9781509962860
Published February 2023
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The Changing Role of Citizens in EU Democratic Governance (eBook) ISBN 9781509950836
Published February 2023
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£81.00
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The Future of EU Constitutionalism (eBook)
Edited by: Matej Avbelj
ISBN 9781509962877
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The Changing Role of Citizens in EU Democratic Governance ISBN 9781509950829
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£90.00
New Directions in European Private Law ISBN 9781509949151
Published December 2022
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£41.99
Exporting the European Convention on Human Rights (eBook) ISBN 9781509952441
Published October 2022
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£81.00
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Standing to Enforce European Union Law before National Courts ISBN 9781509947454
Published October 2022
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£49.99
Exporting the European Convention on Human Rights ISBN 9781509952434
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EU Citizenship at the Edges of Freedom of Movement ISBN 9781509945498
Published July 2022
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£37.99
The Internal Market 2.0
Edited by: Sacha Garben
ISBN 9781509942640
Published June 2022
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£49.99
Framing Convergence with the Global Legal Order: The EU and the World
Edited by: Elaine Fahey
ISBN 9781509944613
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£42.99
EU Criminal Law 2nd ed (eBook) ISBN 9781509904174
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EU Criminal Law 2nd ed ISBN 9781849464581
Published May 2022
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£130.00
The Architecture of Fundamental Rights in the European Union ISBN 9781509940585
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The Architecture of Fundamental Rights in the European Union (eBook) ISBN 9781509940592
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Published November 2021
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£90.00
The Juridification of Individual Sanctions and the Politics of EU Law ISBN 9781509954711
Published August 2021
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£41.99
New Directions in European Private Law ISBN 9781509935611
Published June 2021
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£95.00
New Directions in European Private Law (eBook) ISBN 9781509935628
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Standing to Enforce European Union Law before National Courts ISBN 9781509937141
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£100.00
Standing to Enforce European Union Law before National Courts (eBook) ISBN 9781509937158
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The Internal Market 2.0 ISBN 9781509939039
Published December 2020
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The Internal Market 2.0 (eBook) ISBN 9781509939046
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The Interface Between EU and International Law: Contemporary Reflections ISBN 9781509946105
Published December 2020
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£43.99
EU Citizenship at the Edges of Freedom of Movement ISBN 9781509937257
Published November 2020
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£95.00
EU Citizenship at the Edges of Freedom of Movement (eBook) ISBN 9781509937264
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Framing Convergence with the Global Legal Order
Edited by: Elaine Fahey
ISBN 9781509934379
Published October 2020
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£100.00
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Edited by: Elaine Fahey
ISBN 9781509934386
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Published October 2020
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£41.99
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509941131
Published October 2020
Hart Publishing
£41.99
The European Union under Transnational Law: A Pluralist Appraisal ISBN 9781509938254
Published May 2020
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Environmental Crime in Europe ISBN 9781509937455
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£39.99
£39.99
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The Juridification of Individual Sanctions and the Politics of EU Law ISBN 9781509909797
Published February 2020
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£95.00
The Rule of Law in the European Union: The Internal Dimension ISBN 9781509935178
Published January 2020
Hart Publishing
£28.99
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509935659
Published December 2019
Hart Publishing
£39.99
The European Union and Social Security Law ISBN 9781509935697
Published December 2019
Hart Publishing
£34.99
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781509935734
Published December 2019
Hart Publishing
£34.99
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£34.99
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Critical Reflections on Constitutional Democracy in the European Union ISBN 9781509933259
Published October 2019
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Marketing and Advertising Law in a Process of Harmonisation ISBN 9781509932122
Published September 2019
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£39.99
Citizenship, Crime and Community in the European Union ISBN 9781509915361
Published September 2019
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Citizenship, Crime and Community in the European Union (eBook) ISBN 9781509915354
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The European Union’s External Action in Times of Crisis ISBN 9781509928798
Published April 2019
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The Rise and Decline of Fundamental Rights in EU Citizenship ISBN 9781509917938
Published March 2019
Hart Publishing
£90.00
The Pluralist Character of the European Economic Constitution ISBN 9781509926442
Published December 2018
Hart Publishing
£34.99
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781509924493
Published August 2018
Hart Publishing
£33.99
The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781509922079
Published May 2018
Hart Publishing
£33.99
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
Published May 2018
Hart Publishing
£95.00
The EU Better Regulation Agenda: A Critical Assessment (eBook) ISBN 9781509917358
Published May 2018
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Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
Published April 2018
Hart Publishing
£36.99
Advanced Issues in European and International Tax Law ISBN 9781509921096
Published March 2018
Hart Publishing
£43.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
Published February 2018
Hart Publishing
£36.99
£90.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
Published February 2018
Hart Publishing
£38.99
The European Union Under Transnational Law: A Pluralist Appraisal (eBook) ISBN 9781509911547
Published January 2018
Hart Publishing
£26.09
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The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
Published January 2018
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£80.00
£35.99
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Nudge and the Law: A European Perspective ISBN 9781509918355
Published December 2017
Hart Publishing
£27.99
The European Union in International Organisations and Global Governance ISBN 9781509918379
Published December 2017
Hart Publishing
£43.99
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
Published December 2017
Hart Publishing
£95.00
Environmental Crime in Europe ISBN 9781509914012
Published December 2017
Hart Publishing
£95.00
Environmental Crime in Europe (eBook) ISBN 9781509913992
Published December 2017
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The Rule of Law in the European Union: The Internal Dimension (eBook) ISBN 9781509916542
Published September 2017
Hart Publishing
£26.09
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The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
Hart Publishing
£80.00
The European Union and Social Security Law ISBN 9781509911578
Published August 2017
Hart Publishing
£90.00
The European Union and Social Security Law (eBook) ISBN 9781509911561
Published August 2017
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£31.49
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Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
Hart Publishing
£90.00
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Published August 2017
Hart Publishing
£35.99
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
Hart Publishing
£95.00
£39.99
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
Hart Publishing
£37.99
EU Liability and International Economic Law (eBook) ISBN 9781509901616
Published June 2017
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Published June 2017
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EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
Hart Publishing
£90.00
Republican Europe ISBN 9781509910748
Published June 2017
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£90.00
Marketing and Advertising Law in a Process of Harmonisation ISBN 9781509900671
Published May 2017
Hart Publishing
£95.00
£35.99
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
Hart Publishing
£29.99
The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
Published December 2016
Hart Publishing
£49.49
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The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published December 2016
Hart Publishing
£130.00
£35.00
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published September 2016
Hart Publishing
£31.99
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published August 2016
Hart Publishing
£90.00
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published August 2016
Hart Publishing
£36.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published August 2016
Hart Publishing
£31.49
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£38.99
The EU Accession to the ECHR ISBN 9781509909261
Published August 2016
Hart Publishing
£39.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published August 2016
Hart Publishing
£37.99
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published July 2016
Hart Publishing
£85.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published July 2016
Hart Publishing
£76.50
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£38.99
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published April 2016
Hart Publishing
£85.00
£30.59
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The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
Published February 2016
Hart Publishing
£30.59
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
Hart Publishing
£85.00
Advanced Issues in European and International Tax Law ISBN 9781849466950
Published December 2015
Hart Publishing
£95.00
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Published December 2015
Hart Publishing
£39.59
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Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£33.29
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£90.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£95.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£35.09
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Published September 2015
Hart Publishing
£39.59
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£85.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£25.19
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
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£100.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£32.99
£34.19
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£95.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
Hart Publishing
£90.00
Governing Public Health: EU Law, Regulation and Biopolitics (eBook) ISBN 9781782259732
Published July 2015
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£33.29
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EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
Published March 2015
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£58.49
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Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
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£34.19
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£95.00
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
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EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
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£64.99
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£26.99
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
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£85.00
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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£85.00
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Published September 2014
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Published July 2014
Hart Publishing
£35.99
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Published July 2014
Hart Publishing
£95.00
EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published May 2014
Hart Publishing
£33.29
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published May 2014
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£95.00
Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
Hart Publishing
£95.00
Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
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£95.00
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published March 2014
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£31.49
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published March 2014
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£34.99
EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
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£85.00
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
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£90.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
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£81.00
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
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£90.00
Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
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The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
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£100.00
The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
Hart Publishing
£144.00
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£160.00
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
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Federalism in the European Union ISBN 9781849462426
Published September 2012
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£130.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
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£42.99
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
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£95.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
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The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
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£85.50
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
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£95.00
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
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£117.00
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
£130.00
The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£95.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£90.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£54.99
£160.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£170.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£250.00
EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
Out of print
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
Out of print
£100.00
Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£49.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£120.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£80.00
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£160.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£120.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£95.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
£95.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£160.00
Publication Abandoned