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Balancing Unity And Diversity In Eu Legislation
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Book Synopsis Balancing Unity and Diversity in EU Legislation by : Ton van den Brink
Download or read book Balancing Unity and Diversity in EU Legislation written by Ton van den Brink and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.
Book Synopsis Negotiating Unity and Diversity in the European Union by : Florian Bieber
Download or read book Negotiating Unity and Diversity in the European Union written by Florian Bieber and published by Springer Nature. This book was released on 2020-10-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the European Union has been responding to the challenge of diversity. In doing so, it considers the EU as a complex polity that has found novel ways for accommodating diversity. Much of the literature on the EU seeks to identify it as a unique case of cooperation between states that moves past classic international cooperation. This volume argues that in order to understand the EU’s effort in managing the diversity among its members and citizens it is more effective to look at the EU as a state. While acknowledging that the EU lacks key aspects of statehood, the authors show that looking at the EU efforts to balance diversity and unity through the lens of state policy is a fruitful way to understand the Union. Instead of conceptualising the EU as being incomparable and unique which is neither an international organisation nor a state, the book argues that EU can be understood as a polity that shares many approaches and strategies with complex and diverse states. As such, its effort to build political structures to accommodate diversity offers lessons to other such polities. The experience of the EU contributes to the understanding of how states and other polities can respond to challenges of diversity, including both the diversity of constituent units or of sub-national groups and identities.
Author :Krzysztof Michalski Publisher :Central European University Press ISBN 13 :9789637326479 Total Pages :216 pages Book Rating :4.3/5 (264 download)
Book Synopsis Conditions of European Solidarity: What holds Europe together? by : Krzysztof Michalski
Download or read book Conditions of European Solidarity: What holds Europe together? written by Krzysztof Michalski and published by Central European University Press. This book was released on 2006-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.
Book Synopsis Promoting Unity, Preserving Diversity? by : Andrea Margarete Gates
Download or read book Promoting Unity, Preserving Diversity? written by Andrea Margarete Gates and published by Lexington Books. This book was released on 2006 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the European Union continues to evolve and as European integration proceeds, it has become increasingly difficult to meet two goals fundamental to the EU: promoting European unity while preserving member state diversity. To highlight this tension, Promoting Unity, Preserving Diversity? examines the ways in which six of the member state parliaments are connected, via particular legislative bodies called European Affairs Committees (EACs) to the EU legislative process. EACs vary greatly from one member state to another with regard to the level of input legislators have in setting national positions on proposed EU legislation. Gates skillfully suggests that variation in EAC competencies is significant, not only because EACs demonstrate the intractability of each member state's particular attributes, but also because they represent a little explored facet of the EU's democratic failings.
Book Synopsis European Law in the Past and the Future by : R. C. Caenegem
Download or read book European Law in the Past and the Future written by R. C. Caenegem and published by . This book was released on 2002 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R. C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor: a detailed account of how the German past was extolled in Nazi Germany is given. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.
Book Synopsis Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union by : Alexander Hoogenboom
Download or read book Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union written by Alexander Hoogenboom and published by Martinus Nijhoff Publishers. This book was released on 2017-09-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems. In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union , Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.
Book Synopsis Language and Culture in EU Law by : Susan Šarčević
Download or read book Language and Culture in EU Law written by Susan Šarčević and published by Routledge. This book was released on 2016-03-09 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
Book Synopsis The Needed Balances in EU Criminal Law by : Chloé Brière
Download or read book The Needed Balances in EU Criminal Law written by Chloé Brière and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
Book Synopsis Oxford Principles of European Union Law by : Robert Schütze
Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018-02-23 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.
Book Synopsis Europe in 12 Lessons by : Pascal Fontaine
Download or read book Europe in 12 Lessons written by Pascal Fontaine and published by . This book was released on 2018 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.
Book Synopsis 'Integration through Law' Revisited by : Daniel Augenstein
Download or read book 'Integration through Law' Revisited written by Daniel Augenstein and published by Routledge. This book was released on 2016-05-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.
Book Synopsis Executive-legislative (Im)balance in the European Union by : Diane Fromage
Download or read book Executive-legislative (Im)balance in the European Union written by Diane Fromage and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later the contributions to this edited volume examine – for the first time in such an extensive breadth and from a multi-level and cross-policy perspective – whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an 'admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon'. This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality.
Book Synopsis Policy within and through law by : J. De Bruyne
Download or read book Policy within and through law written by J. De Bruyne and published by Maklu. This book was released on 2015-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.
Book Synopsis Structural Principles in EU External Relations Law by : Marise Cremona
Download or read book Structural Principles in EU External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
Book Synopsis Federalism in the European Union by : Elke Cloots
Download or read book Federalism in the European Union written by Elke Cloots and published by Bloomsbury Publishing. This book was released on 2012-09-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.
Book Synopsis Law and Values in the European Union by : Stephen Weatherill
Download or read book Law and Values in the European Union written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016-05-19 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.
