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Redefining Harmonisation
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Redefining Harmonisation

Lessons from EU Insolvency Law

9781789903829 Edward Elgar Publishing
Emilie Ghio, Lecturer in Law, The Business School, Edinburgh Napier University, UK
Publication Date: 2022 ISBN: 978 1 78990 382 9 Extent: 240 pp
Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.

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Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States.

Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law.

Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic.

Critical Acclaim
‘A number of audiences are likely to find this an interesting book. These include readers interested in the concept of harmonisation of laws and in the practical issues inherent in drafting legislation, broadly defined; as well as readers from outside Europe, who are interested in the evolution and internal dynamics of the EU. The author brings together useful multi-disciplinary perspectives on defining and reconceptualising harmonisation, through the lens of the EU and a specific case study of the dynamic EU insolvency law.’
– Rosalind Mason, Queensland University of Technology, Australia
Contents
Contents: 1. Introduction: the harmonisation debate in the EU PART I HARMONISATION ISSUES 2. Issue n. 1: the harmonisation language 3. Issue n. 2: the purpose of harmonisation 4. Issue n. 3: harmonisation in (times of) crisis PART II HARMONISATION IN ACTION 5. Harmonisation in action: European insolvency law PART III RETHINKING HARMONISATION 6. Defining harmonisation 7. Reconceptualising harmonisation Bibliography Index
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