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National Identity In Eu Law
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Book Synopsis National Identity in EU Law by : Elke Cloots
Download or read book National Identity in EU Law written by Elke Cloots and published by . This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
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)
Book Synopsis Cultural Diversity, European Identity and the Legitimacy of the EU by : Dieter Fuchs
Download or read book Cultural Diversity, European Identity and the Legitimacy of the EU written by Dieter Fuchs and published by Edward Elgar Publishing. This book was released on 2011-09-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a consequence of various rounds of EU enlargements, the degree of cultural diversity in Europe has intensified a phenomenon which is increasingly perceived as problematic by many EU citizens. This fascinating book not only empirically explores the current state of the identity and the legitimacy of the EU as viewed by its citizens, but also evaluates their attitudes towards it. The expert contributors show that the development of a European identity and a common European culture is a prerequisite for European integration; that European identity and a common political culture will not develop rapidly but emerge slowly, and that the beginnings of a European identity and a common European culture are currently emerging. The roles of civil society organizations and political parties are examined within this context, and an explanatory model with subjective predictors of the attitudes towards the EU is tested. The empirical analysis is underpinned by a theoretical framework incorporating operational definitions and conceptual discussion of legitimacy and identity. This intriguing and thought-provoking book will be of great interest to academics, researchers and students focusing on political science and international relations.
Book Synopsis National Identity in EU Law by : Elke Cloots
Download or read book National Identity in EU Law written by Elke Cloots and published by OUP Oxford. This book was released on 2015-02-12 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
Book Synopsis The Metaethics of Constitutional Adjudication by : Boško Tripković
Download or read book The Metaethics of Constitutional Adjudication written by Boško Tripković 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: Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.
Book Synopsis National Stereotyping, Identity Politics, European Crises by :
Download or read book National Stereotyping, Identity Politics, European Crises written by and published by BRILL. This book was released on 2021-05-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articulation of collective identity by means of a stereotyped repertoire of exclusionary characterizations of Self and Other is one of the longest-standing literary traditions in Europe and as such has become part of a global modernity. Recently, this discourse of Othering and national stereotyping has gained fresh political virulence as a result of the rise of “Identity Politics”. What is more, this newly politicized self/other discourse has affected Europe itself as that continent has been weathering a series of economic and political crises in recent years. The present volume traces the conjunction between cultural and literary traditions and contemporary ideologies during the crisis of European multilateralism. Contributors: Aelita Ambrulevičiūtė, Jürgen Barkhoff, Stefan Berger, Zrinka Blažević, Daniel Carey, Ana María Fraile, Wulf Kansteiner, Joep Leerssen, Hercules Millas, Zenonas Norkus, Aidan O’Malley, Raúl Sánchez Prieto, Karel Šima, Luc Van Doorslaer,Ruth Wodak
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Book Synopsis Accountability and Legitimacy in the European Union by : Anthony Arnull
Download or read book Accountability and Legitimacy in the European Union written by Anthony Arnull and published by Oxford University Press, USA. This book was released on 2002 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
Book Synopsis Citizenship Policies in the New Europe by : Rainer Bauböck
Download or read book Citizenship Policies in the New Europe written by Rainer Bauböck and published by Amsterdam University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Citizenship Policies in the New Europe describes the citizenship laws in each of the twelve new countries as well as in the accession states Croatia and Turkey and analyses their historical background. Citizenship Policies in the New Europe complements two volumes on Acquisition and Loss of Nationality in the fifteen old Member States published in the same series in 2006." --Book Jacket.
Book Synopsis National Identities and Foreign Policy in the European Union by : Marco Siddi
Download or read book National Identities and Foreign Policy in the European Union written by Marco Siddi and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the relationship between national identity and foreign policy discourses on Russia in Germany, Poland and Finland in the years 2005-2015. The case studies focus on the Nord Stream pipeline controversy, the 2008 Russian-Georgian war, the post-electoral protests in Russian cities in 2011-2012 and the Ukraine crisis. The book argues that divergent foreign policy narratives of Russia are rooted in different national identity constructions. Most significantly, the Ukraine crisis and the Nord Stream controversy have exposed how deep-rooted and different perceptions of the Russian Other in EU member states are still influential and lead to conflicting national agendas for foreign policy towards Russia.
Author :Klaus-Dieter Borchardt Publisher :Office for Official Publications of the European Communities ISBN 13 : Total Pages :140 pages Book Rating :4.:/5 (318 download)
Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt
Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Book Synopsis The Nature of Mutual Recognition in European Law by : Wouter van Ballegooij
Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
Download or read book EU Law written by Paul Craig and published by Oxford University Press, USA. This book was released on 2020-07-21 with total page 1391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. This UK version also includes sections showing how principles apply or don't apply to the UK post-Brexit.
Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.
Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Book Synopsis EU Law by : Paul|Burca Craig (Grainne de)
Download or read book EU Law written by Paul|Burca Craig (Grainne de) and published by Oxford University Press. This book was released on 2024 with total page 1387 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Member State Interests and European Union Law by : Marton Varju
Download or read book Member State Interests and European Union Law written by Marton Varju and published by Routledge. This book was released on 2019-11-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.
