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Sovereignty In The Shared Legal Order Of The Eu
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Book Synopsis Sovereignty in the Shared Legal Order of the EU by : Anthonie Brink
Download or read book Sovereignty in the Shared Legal Order of the EU written by Anthonie Brink and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
Book Synopsis National Sovereignty in the European Union by : Ondrej Hamuľák
Download or read book National Sovereignty in the European Union written by Ondrej Hamuľák and published by Springer. This book was released on 2016-09-08 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the implications of membership in the European Union for countries’ understanding of the concept of sovereignty, based on the perspective of the Czech Republic. The starting point of this work is acceptance of the Czech Republic’s membership in the European Union as a basic fact. The goal of the analysis presented here is to offer a theoretical approach to reconciling state sovereignty with the participation of the Czech Republic in the European integration project. To do so, the book pursues an in-depth analysis of the reactions of the Constitutional Court of the Czech Republic to the challenges associated with membership in the EU. Above all, it addresses the following two basic research questions:1. Is membership of the state in the European Union associated with a loss of sovereignty, a sharing of sovereignty, or does it have no real consequences for the scope or understanding of the concept of state sovereignty, such that the phenomenon remains a classical, static and defining element of the state?2. How does the Czech Constitutional Court deal with the specific characteristics of European Union law and what is its stance on the nature of the relationship between supranational and national law?
Book Synopsis Sovereignty and the Law by : Richard Rawlings
Download or read book Sovereignty and the Law written by Richard Rawlings and published by OUP Oxford. This book was released on 2013-11-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.
Book Synopsis The Sovereignty of Law by : Francis G. Jacobs
Download or read book The Sovereignty of Law written by Francis G. Jacobs and published by Cambridge University Press. This book was released on 2007-06-14 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author was formerly Advocate-General at the European Court of Justice in Luxembourg.
Book Synopsis Understanding Conflicts of Sovereignty in the EU by : Nathalie Brack
Download or read book Understanding Conflicts of Sovereignty in the EU written by Nathalie Brack and published by Routledge. This book was released on 2021-05-10 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today’s conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.
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 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 304 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 Sovereignty and European Integration by : M. Wind
Download or read book Sovereignty and European Integration written by M. Wind and published by Springer. This book was released on 2001-10-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where Community law and regulations trump national law and constitutions.
Book Synopsis A Polity Called EU by : Jaap Hoeksma
Download or read book A Polity Called EU written by Jaap Hoeksma and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main challenges of post-war political philosophy has been to establish the nature of the European Union. The aim of the essays in this book is to demonstrate that the Lisbon Treaty of 2009 has construed the EU as a democracy without turning the Union into a state. Consequently, the EU has neither become a federal state nor remained a confederation, but has rather developed into a democratic polity of states and citizens. The EU may therefore be described in positive terms as a Union of democratic states, which also constitutes a democracy of its own. This revolutionary breakthrough in the theory of international relations is not only of academic interest, but has also direct consequences for the current battle over the euro. The political construction of the EU as a democratic polity of states and citizens is built upon the practice of joint sovereignty. As the economic and monetary Union forms part of the EU, the euro rests on shared sovereignty too. In line with the Westphalian system of international relations, however, the markets believe that a currency must be backed by a state. They regard the euro as a currency without a state and predict that it is doomed to fail. The authors of these essays put forward that it should first be established what the EU actually is before lasting solutions for the euro can be found. They argue that the EU and the Member States of the euro area are the joint sovereign behind the euro. Finally, they suggest that the Europe's political leaders should demonstrate beyond doubt that it is possible to jointly exercise sovereignty without becoming ineffective. Seen in this perspective, the battle for the euro is indeed a struggle for the EU.
Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň
Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Book Synopsis A Republican Europe of States by : Richard Bellamy
Download or read book A Republican Europe of States written by Richard Bellamy and published by Cambridge University Press. This book was released on 2019-01-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
Book Synopsis Questioning Sovereignty by : Neil MacCormick
Download or read book Questioning Sovereignty written by Neil MacCormick and published by Oxford University Press on Demand. This book was released on 2001 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the judicial character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.
Book Synopsis Relocating Sovereignty by : Neil Walker
Download or read book Relocating Sovereignty written by Neil Walker and published by Routledge. This book was released on 2018-02-06 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c
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 Between Compliance and Particularism by : Marton Varju
Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Book Synopsis Opting Out of the European Union by : Rebecca Adler-Nissen
Download or read book Opting Out of the European Union written by Rebecca Adler-Nissen and published by Cambridge University Press. This book was released on 2014-08-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first in-depth account of how European Union opt-outs and differentiated integration work in practice.
Book Synopsis EU Law in Populist Times by : Francesca Bignami
Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
