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Das Legitimationssubjekt Der Europaischen Union
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Book Synopsis Das Legitimationssubjekt der Europäischen Union by : Alexander Krey
Download or read book Das Legitimationssubjekt der Europäischen Union written by Alexander Krey and published by GRIN Verlag. This book was released on 2008-08-29 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studienarbeit aus dem Jahr 2008 im Fachbereich Jura - Rechtsphilosophie, Rechtssoziologie, Rechtsgeschichte, Note: keine, Johann Wolfgang Goethe-Universität Frankfurt am Main, Veranstaltung: Seminar Demokratie in Europa, Sprache: Deutsch, Abstract: ‚Demokratieprinzip’ und ‚demokratische Legitimation’ sind schillernde Begriffe des Staatsrechts und zunehmend auch des Europarechts. Die grundgesetzliche Ausgestaltung des Demokratieprinzips hat durch einige Urteiles des Bundesverfassungsgerichts feste Konturen bekommen; doch wie sieht es mit der europäischen Dimension des Demokratiegrundsatzes aus? Die Frage nach der Demokratie auf europäischer Ebene wird häufig mit der Feststellung eines Demokratiedefizits eingeleitet oder gar mit der Folgerung einer Demokratieunfähigkeit beantwortet. Doch ist es schon bemerkenswert, dass überhaupt über Demokratie auf europäischer Ebene diskutiert wird. Sähe man in den Gemeinschaft und der Union einzig miteinander verbundene zwischenstaatliche Einrichtungen, die Hoheitsrechte der Mitgliedsstaaten ausüben, gäbe es wahrscheinlich ebenso wenig wie im Rahmen anderer zwischenstaatlicher Organisationen eine Demokratiediskussion. Doch die Gemeinschaft und die Union bilden ein politisches Handlungszentrum mit außerordentlichem Gewicht, deren stetiger Bedeutungszuwachs auch demokratisch untermauert sein soll. Offensichtlich scheint aber auch zu sein, dass die nationale Diskussion nicht unbesehen auf die europäische Ebene übertragen werden kann. Die folgende Seminararbeit soll einen speziellen Aspekt demokratischer Legitimation, nämlich das Legitimationssubjekt, das klassischerweise im Nationalstaat das Volk darstellt, näher beleuchten. Hierbei soll zunächst gefragt werden, ob es überhaupt legitimationsbedürftiges Handeln der Gemeinschaft und der Union gibt, um dann in den nächsten Abschnitten zu fragen, ob es zur Legitimation eines eigenen genuin europäischen Legitimationssubjektes bedarf und wie ein solches ausgestaltet sein kann.
Book Synopsis Northern Europe and the Future of the EU by : Helge Hoibraaten
Download or read book Northern Europe and the Future of the EU written by Helge Hoibraaten and published by BWV Verlag. This book was released on 2012-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: HauptbeschreibungThe current relationship between the Nordic countries and the European Union appears complex and confusing. Although Denmark, in 1973, and Sweden and Finland, in 1995, joined the European Union, the entry of Norway into the Union was rejected in the plebiscites of 1972 and 1994. Furthermore, Nordic EU members enjoy permanent exceptions to their integration into the EU: Denmark and Sweden, like the U.K., have declined to become part of the monetary union. Finland is essentially the only Nordic country that entered the EU without substantial exceptions. A membership bid from Iceland was unthinkable; after the fi nancial crisis - which is not the topic of this book - Iceland applied for membership in 2010 and has been in discussions with the European Commission ever since. In other words: the European Union divides Nordic societies, which has resulted in a series of national exceptions to the integration process. Taken together, these exceptions have created an integration process whose overall geometry is contradictory and paradoxical. Considering this melange, this book will discuss the actual state of Nordic integration into the EU from many different perspectives and illuminate future developments in the fi eld of integration. Where is the North relative to Europe today? How can the geometry of Northern Europe's integration, developed over a long time, be characterised? What are the challenges that threaten further development of Nordic-European relationships?
Book Synopsis The Constitution of European Democracy by : Dieter Grimm
Download or read book The Constitution of European Democracy written by Dieter Grimm and published by Oxford University Press. This book was released on 2017-07-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.
Book Synopsis Internationale Dilemmata und europäische Visionen by : Martin Sieg
Download or read book Internationale Dilemmata und europäische Visionen written by Martin Sieg and published by LIT Verlag Münster. This book was released on 2010 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of European Democracy by : Dieter Grimm
Download or read book The Constitution of European Democracy written by Dieter Grimm and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights Europe's democracy problem. The common argument throughout is that the European Union has become over-constitutionalized, and Grimm makes recommendations for solving this. Grimm also outlines the EU's legitimacy deficit and the proposed remedy of 'parliamentarization'.
Book Synopsis Legitimation ethischer Entscheidungen im Recht by : Silja Vöneky
Download or read book Legitimation ethischer Entscheidungen im Recht written by Silja Vöneky and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bei der Regelung von Rechtsfragen in der modernen Medizin und der Biotechnologie kann kaum auf rechtliche oder ethische Standards zurückgegriffen werden. Rechtsentscheidungen berühren häufig das gesellschaftliche Selbstverständnis. Zugleich stellt der wissenschaftliche Fortschritt die Effektivität dieser Verfahren auf die Probe. Die Beiträge des Buchs gehen der Frage nach, wie diese Herausforderung in nationalen Rechtsordnungen, auf der Ebene der Europäischen Union und des Völkerrechts in demokratisch oder anderweitig legitimer Weise bewältigt wird.
Download or read book European Unions written by Roland Erne and published by Cornell University Press. This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wage coordination policies of the European metal and construction workers' unions and the unions' responses in the ABB-Alstom Power and Alcan-Pechiney-Algroup merger cases, Erne finds, show that the activities of labor are not confined to the national level: labor's policies have undergone Europeanization. This cross-national borrowing of tactics is itself proof of the increasing integration of European states and societies."
Book Synopsis The Foundations of European Union Law by : Trevor Hartley
Download or read book The Foundations of European Union Law written by Trevor Hartley and published by Oxford University Press, USA. This book was released on 2010-08-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.
Book Synopsis National Constitutions and EU Integration by : Stefan Griller
Download or read book National Constitutions and EU Integration written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 863 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.
Book Synopsis Constitutional Conversations in Europe by : Monica Claes
Download or read book Constitutional Conversations in Europe written by Monica Claes and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between national constitutional courts and the European Court of Justice (CJEU) is increasingly cast in terms of communication, understood as having a constructive connotation, and as an alternative to the prior and more destructive language of guerre des juges, conflict and revolt. This change in approach fits in the transformation of the wider conceptual framework within which the relationship between European and national legal orders is understood and the rise of the 'pluralist movement.' Judicial conversations between national constitutional courts and the CJEU offer a unique object for academic research on 'constitutional pluralism' and transnational relations in a new world order. This book provides a critical examination of the normative, empirical, and contextual aspects of such judicial conversations. It first addresses the appropriateness of conceiving as conversations the interactions between the CJEU and constitutional courts. This is followed by an exploration of the avenues for, and contents of, judicial engagements between both sets of courts. Lastly, the book focuses on the ordinary national courts and the European Court of Human Rights - as the other main judicial interlocutors of the CJEU and constitutional courts - from a conversational angle. Constitutional Conversations in Europe makes a valuable contribution to the ongoing academic discourse on the relationship between the CJEU and national constitutional courts by explaining their current attitudes to transnational conversations and by identifying potential catalysts for future changes. (Series: Ius Commune Europaeum - Vol. 107)
Book Synopsis Constitutional Sovereignty and Social Solidarity in Europe by : Jeffrey Ellsworth
Download or read book Constitutional Sovereignty and Social Solidarity in Europe written by Jeffrey Ellsworth and published by Bloomsbury Publishing. This book was released on 2015-05-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book respond in different ways to questions regarding sovereignty, constitutionality and social solidarity in the European Union. A common theme in the book is a perception that the people and peoples of the European Union have drifted into a quagmire of political paralysis within which essential features of the paralysis – lack of constitutionality, lack of sovereignty and lack of social solidarity – feed off one another. Some of the essays put forward a more positive view. They associate the demise of sovereignty in Member States of the European Union with an emergence of new forms of democracy or new formations of political legitimacy in the complex structures of multi-level governance in the European Union. Between them, the essays provide the reader with a comprehensive study of the key issues of European politics and law today.
Book Synopsis National Constitutions in the Era of Integration by : Antero Jyränki
Download or read book National Constitutions in the Era of Integration written by Antero Jyränki and published by Springer. This book was released on 1999-02-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These papers were first presented at the annual Round Table Conference of the International Association of Constitutional Law, held at the University of Turku, Finland from 23rd-24th May 1997"--Acknowledgements.
Book Synopsis Inventing the Criminal by : Richard F. Wetzell
Download or read book Inventing the Criminal written by Richard F. Wetzell and published by Univ of North Carolina Press. This book was released on 2003-06-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.
Book Synopsis National Constitutional Identity and European Integration by : Alejandro Saiz Arnaiz (jurist)
Download or read book National Constitutional Identity and European Integration written by Alejandro Saiz Arnaiz (jurist) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
Download or read book Sociologia internationalis written by and published by . This book was released on 1996 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: International journal for sociology and social psychology.
Book Synopsis Dialectics of Secularization by : Benedikt XVI. (Papst)
Download or read book Dialectics of Secularization written by Benedikt XVI. (Papst) and published by Ignatius Press. This book was released on 2006 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the worlds great contemporary thinkers--theologian and churchman Joseph Ratzinger, now Pope Benedict XVI, and Jrgen Habermas, philosopher and Neo-Marxist social critic--discuss and debate aspects of secularization, and the role of reason and religion in a free society. These insightful essays are the result of a remarkable dialogue between the two men, sponsored by the Catholic Academy of Bavaria, a little over a year before Joseph Ratzinger was elected pope.
Book Synopsis Hegel's Naturalism by : Terry Pinkard
Download or read book Hegel's Naturalism written by Terry Pinkard and published by Oxford University Press. This book was released on 2013-11 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terry Pinkard draws on Hegel's central works as well as his lectures on aesthetics, the history of philosophy, and the philosophy of history in this deeply informed and original exploration of Hegel's naturalism. As Pinkard explains, Hegel's version of naturalism was in fact drawn from Aristotelian naturalism: Hegel fused Aristotle's conception of nature with his insistence that the origin and development of philosophy has empirical physics as its presupposition. As a result, Hegel found that, although modern nature must be understood as a whole to be non-purposive, there is nonetheless a place for Aristotelian purposiveness within such nature. Such a naturalism provides the framework for explaining how we are both natural organisms and also practically minded (self-determining, rationally responsive, reason-giving) beings. In arguing for this point, Hegel shows that the kind of self-division which is characteristic of human agency also provides human agents with an updated version of an Aristotelian final end of life. Pinkard treats this conception of the final end of "being at one with oneself" in two parts. The first part focuses on Hegel's account of agency in naturalist terms and how it is that agency requires such a self-division, while the second part explores how Hegel thinks a historical narration is essential for understanding what this kind of self-division has come to require of itself. In making his case, Hegel argues that both the antinomies of philosophical thought and the essential fragmentation of modern life are all not to be understood as overcome in a higher order unity in the "State." On the contrary, Hegel demonstrates that modern institutions do not resolve such tensions any more than a comprehensive philosophical account can resolve them theoretically. The job of modern practices and institutions (and at a reflective level the task of modern philosophy) is to help us understand and live with precisely the unresolvability of these oppositions. Therefore, Pinkard explains, Hegel is not the totality theorist he has been taken to be, nor is he an "identity thinker," à la Adorno. He is an anti-totality thinker.
