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The Principle of Loyalty in EU Law
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241x159x30 mm
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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 Academy of Sciences (APART), Visiting Fellow at the Institute of European and Comparative Law (IECL) at the University of Oxford, Visiting Fellow at the Law Department of the European University Institute (EUI), and has practised as an Associate with Freshfields Bruckhaus Deringer in Vienna. He holds a PhD from the University of Vienna, and a Masters from the University of Amsterdam. He has published on external relations, the effect of directives, European constitutional law, and the fundamental freedoms.
Part of the OAPEN-UK project
Introduction; Part I: Introducing Loyalty; 1 Loyalty in the EU Treaties; 2 Loyalty in Context; 3 Loyalty and the Constitutionalization of EU Law; Part II: The Cohesion of European Union Law; 4 A Primer on the Structure of Union Law; 5 Supremacy, Pre-Emption, and the Union Interest; 6 Effectiveness, Judicial Protection, and Loyalty; Part III: Cooperation in the European Union; 7 A Primer on Union Competences; 8 Loyalty and Non-Exclusive Competences; 9 Manifestations of Loyalty in Secondary Law; 10 Loyalty and Mixed Agreements; Part IV: The Construction of the European Union; 11 A Primer on Constitutional Cooperation and Conflict in the EU; 12 On the Nature of Loyalty; 13 Deconstructing Loyalty; 14 Amplification
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.