2014
X, 311 pp.
1 map, 6 tables
Text language: English
This paper collection on Regional Integration and Law – East African and European Perspectives is the fourth volume of the TGCL Series, a series of edited volumes produced at the Tanzanian-German Centre for Eastern African Legal Studies (TGCL).
After an Introduction on the major challenges of regional legal integration, Part I, devoted to East African perspectives, begins with a discussion of the role of leadership in the implementation of the African Peace and Security Architecture Framework in the East African Community. Following this, harmonisation of domestic tax laws is analysed with regard to its potential as an instrument for regional integration, with the major example of Burundi’s new income tax law of 2013. Criminal procedural law in Tanzania is looked at in the light of human rights, especially the right to equality. The effectiveness of mandatory SIM card registration in Uganda is critically analysed. The protection of consumers against counterfeit and substandard pharmaceuticals in Tanzania is discussed within the framework of the Single Customs Territory of the East African Community.
In Part II, focused on European perspectives, a discussion of the relationship between the French Constitution and European Union law, exploring the “alchemy of sovereignty and integration”, is followed by articles on the specifically German challenges with regard to the incorporation of European Union law into the national body of laws, with case studies of the Euro Rescue Fund, consumer protection law, administrative law and labour law. In addition to these examples of regional legal integration within the European Union, the last article discusses the role played by another regional community of states, i.e. the Council of Europe and its European Convention on Human Rights, in the development of national family laws in Europe.
CONTENTS
Josaphat Laurean Kanywanyi / Ulrike Wanitzek / Anatole Nahayo / Johannes Döveling:
Introduction: Regional Integration and Law – East African and European Perspectives
I. Regional Integration and Law in East Africa
Josaphat Laurean Kanywanyi: Regional Integration and Law in East Africa – Some Major Challenges
Denis Bikesha: The Role of Leadership in Implementation of the African Peace and Security Architecture Framework – The Case of the East African Community
Anatole Nahayo: On the Way to Harmonisation of Domestic Tax Laws within the East African Community – Achievements, Challenges and Prospects for Burundi
Gamaliel Mgongo Fimbo: Human Rights Perspectives Regarding the Institution of Criminal Proceedings in Subordinate Courts in Tanzania
Sheillah Nyanzi: Mandatory SIM Card Registration in Uganda – A Critical Analysis of Its Effectiveness
Grace Kamugisha Kazoba: Combating Counterfeit and Substandard Pharmaceuticals in Tanzania – Consumer Protection within the Framework of the East African Community Single Customs Territory
II. Regional Integration and Law in Europe
Olivier Dubos: The French Constitution and the European Union – The Alchemy of Sovereignty and Integration at the Service of the Constitutional Council?
Bernd Kannowski: Regional Integration and Legal Harmonisation in the European Union: A German Perspective
Johannes Döveling: How Germany Contributes to the Effectiveness of European Law and Simultaneously Preserves Its Constitutional Identity – An Overview of the Relationship between German Law and European Law
Ulrike Wanitzek / Laura Viviane de Leeuw: Family Law and Human Rights – European Perspectives
In the series of the Tanzanian-German Center for Eastern African Legal Studies (TGCL) further paper collections have been published: