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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 Oxford Studies in European Law. This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral)--University of Leuven, 2013.
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 2019-10-24 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 The Jurisprudence of Particularism by : Kriszta Kovács
Download or read book The Jurisprudence of Particularism written by Kriszta Kovács and published by Hart Publishing. This book was released on 2023-05-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Download or read book Euroscepticism written by Robert Harmsen and published by Rodopi. This book was released on 2004 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accelerated pace of European integration since the early 1990s has been accompanied by the emergence of increasingly prominent and multiform oppositions to the process. The term Euroscepticism has appeared with growing frequency in a range of political, media, and academic discourses. Yet, the label is applied to a wide range of different, and occasionally contradictory, phenomena. Although originally associated with an English exceptionalism relative to a Continental project of political and economic integration, the term Euroscepticism is now also identified with a more general questioning of European Union institutions and policies which finds diverse expressions across the entire continent. This volume of European Studies brings together an interdisciplinary team of contributors to provide one of the first major, multinational surveys of the growth of these Eurosceptic tendencies. Individual chapters provide detailed examinations of developments in France, Germany, the Netherlands, the United Kingdom, Ireland, Sweden, Austria, the Czech Republic, Poland, and Switzerland. Overall, the volume draws a distinctive portrait of contemporary Euroscepticism, situating the phenomenon not only relative to the progress of European integration, but also in relation to broader questions concerned with the evolution of party politics and the reshaping of national identities.
Book Synopsis Accommodating National Identity by : Stephen Tierney
Download or read book Accommodating National Identity written by Stephen Tierney and published by Martinus Nijhoff Publishers. This book was released on 2000-08-29 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Book Synopsis The Metaethics of Constitutional Adjudication by : Bosko Tripkovic
Download or read book The Metaethics of Constitutional Adjudication written by Bosko Tripkovic 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 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 Limitations of National Sovereignty through European Integration by : Rainer Arnold
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Book Synopsis Europe's Other by : Peter Fitzpatrick
Download or read book Europe's Other written by Peter Fitzpatrick and published by Routledge. This book was released on 2019-01-04 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.
Book Synopsis The Role of Law in European Integration by : Thomas M. J. Möllers
Download or read book The Role of Law in European Integration written by Thomas M. J. Möllers and published by Nova Biomedical Books. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.
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.
Book Synopsis National and European Identities in EU Enlargement by : Petr Drulák
Download or read book National and European Identities in EU Enlargement written by Petr Drulák and published by . This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Ever-Changing Union? by : Koen Lenaerts
Download or read book An Ever-Changing Union? written by Koen Lenaerts and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.
Book Synopsis Mandating Identity by : Enikö Horváth
Download or read book Mandating Identity written by Enikö Horváth and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral)--European University Institute, 2006.
Book Synopsis Language and National Identity by : Leigh Oakes
Download or read book Language and National Identity written by Leigh Oakes and published by John Benjamins Publishing. This book was released on 2001-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-examines the relationship between language and national identity. Unlike many previous studies, it employs a comparative approach: France and Sweden have been chosen as case studies both for their similarities (e.g. both are member states of the European Union) as well as their important differences (e.g. France subscribes in principle to a civic model of national identity, whereas the basis of Swedish identity is undeniably ethnic). It is precisely differences such as these which allow for a more comprehensive understanding of the ethnolinguistic implications of some of the major challenges currently facing France, Sweden and other European countries: regionalism, immigration, European integration and globalization.The present volume benefits from the use of a multidisciplinary approach, and differs from others on the market because of the variety of methods of inquiry used. A series of societal analyses is complemented by an empirical component, bringing a more grounded understanding to the issue of language and national identity.
Book Synopsis The Sub-national Dimension of the EU by : Carlo Panara
Download or read book The Sub-national Dimension of the EU written by Carlo Panara and published by Springer. This book was released on 2015-03-02 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.
