The Reach of Free Movement

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Author :
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462651944
Total Pages : 419 pages
Book Rating : 4.6/5 (519 download)

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Book Synopsis The Reach of Free Movement by : Mads Andenas

Download or read book The Reach of Free Movement written by Mads Andenas and published by T.M.C. Asser Press. This book was released on 2017-10-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

The Reach of Free Movement

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Author :
Publisher : Springer
ISBN 13 : 9462651957
Total Pages : 419 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Reach of Free Movement by : Mads Andenas

Download or read book The Reach of Free Movement written by Mads Andenas and published by Springer. This book was released on 2017-09-26 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

Open Borders

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Publisher : University of Georgia Press
ISBN 13 : 0820354279
Total Pages : 297 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Open Borders by : Reece Jones

Download or read book Open Borders written by Reece Jones and published by University of Georgia Press. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.

Controlling Frontiers

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Author :
Publisher : Routledge
ISBN 13 : 1351948709
Total Pages : 296 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Controlling Frontiers by : Elspeth Guild

Download or read book Controlling Frontiers written by Elspeth Guild and published by Routledge. This book was released on 2017-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

Eurostars and Eurocities

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1444399373
Total Pages : 316 pages
Book Rating : 4.4/5 (443 download)

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Book Synopsis Eurostars and Eurocities by : Adrian Favell

Download or read book Eurostars and Eurocities written by Adrian Favell and published by John Wiley & Sons. This book was released on 2011-07-20 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eurostars and Eurocities: Free Movement and Mobility in an Integrating Europe examines intra-European Union migration in the cities of Amsterdam, London and Brussels. Based on sixty in-depth interviews of free moving European citizens, and more than five years of ethnographic and documentary research, it uncovers the rarely studied human dimension of European integration Examines the mobility, lifestyle and career opportunities created by the borderless society of the European Union, as well as the barriers that still persist Analyses the new migration trends, challenges to the welfare state, and forms of urban cosmopolitanism linked to processes of European integration

Europe's Passive Virtues

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Publisher : Oxford University Press, USA
ISBN 13 : 0198844794
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Europe's Passive Virtues by : JAN. ZGLINSKI

Download or read book Europe's Passive Virtues written by JAN. ZGLINSKI and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

The Oxford Handbook of European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 950 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Exceptions from EU Free Movement Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900357
Total Pages : 350 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Exceptions from EU Free Movement Law by : Panos Koutrakos

Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

EU Citizenship and Free Movement Rights

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Author :
Publisher : BRILL
ISBN 13 : 900441178X
Total Pages : 452 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis EU Citizenship and Free Movement Rights by : Sandra Mantu

Download or read book EU Citizenship and Free Movement Rights written by Sandra Mantu and published by BRILL. This book was released on 2020-03-31 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

Free Movement and the Energy Sector in the European Union

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Author :
Publisher : Routledge
ISBN 13 : 1000075001
Total Pages : 286 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Free Movement and the Energy Sector in the European Union by : Sirja-Leena Penttinen

Download or read book Free Movement and the Energy Sector in the European Union written by Sirja-Leena Penttinen and published by Routledge. This book was released on 2020-04-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the case-law of the European Court of Justice on free movement in the energy sector. Sirja-Leena Penttinen provides a comprehensive review of the interpretation and application of the free movement provisions in the energy sector by the European Court of Justice (ECJ), which allow for cross-border energy trade (free movement of goods) and energy investments (free movement of capital). Through detailed analysis of ECJ case-law, Penttinen tracks the development of the legislative framework at EU level in response to the growth of the energy sector, as well as exposing the various political and economic nuances at play. In addition, she sheds light on the dynamic relationship between the EU Member States and their regulatory autonomy, the EU legislator, the Commission and the Court in the establishment of the EU internal energy market. Taking a coherent, systematic approach, this volume will be of great interest to scholars of EU law and energy policy, as well as policymakers and professionals working in this sector.

Posted Work in the European Union

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Publisher : Routledge
ISBN 13 : 9781032087863
Total Pages : 216 pages
Book Rating : 4.0/5 (878 download)

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Book Synopsis Posted Work in the European Union by : Taylor & Francis Group

Download or read book Posted Work in the European Union written by Taylor & Francis Group and published by Routledge. This book was released on 2021-06-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Against Borders

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Publisher : Rowman & Littlefield
ISBN 13 : 1786606291
Total Pages : 146 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Against Borders by : Alex Sager

Download or read book Against Borders written by Alex Sager and published by Rowman & Littlefield. This book was released on 2020-01-13 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a philosophical defence of open borders. Two policy dogmas are the right of sovereign states to restrict immigration and the infeasibility of opening borders. These dogmas persist in face of the human suffering caused by border controls and in spite of a global economy where the mobility of goods and capital is combined with severe restrictions on the movement of most of the world’s poor. Alex Sager argues that immigration restrictions violate human rights and sustain unjust global inequalities, and that we should reject these dogmas that deprive hundreds of millions of people of opportunities solely because of their place of birth. Opening borders would promote human freedom, foster economic prosperity, and mitigate global inequalities. Sager contends that studies of migration from economics, history, political science, and other disciplines reveal that open borders are a feasible goal for political action, and that citizens around the world have a moral obligation to work toward open borders.

The Judicial Application of Human Rights Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521780421
Total Pages : 1104 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis The Judicial Application of Human Rights Law by : Nihal Jayawickrama

Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life

European Citizenship under Stress

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Publisher : BRILL
ISBN 13 : 9004433074
Total Pages : 562 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis European Citizenship under Stress by : Nathan Cambien

Download or read book European Citizenship under Stress written by Nathan Cambien and published by BRILL. This book was released on 2020-09-07 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Migration, free movement and regional integration

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Publisher : UNESCO Publishing
ISBN 13 : 9231002589
Total Pages : 445 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Migration, free movement and regional integration by : Nita, Sonja

Download or read book Migration, free movement and regional integration written by Nita, Sonja and published by UNESCO Publishing. This book was released on 2017-12-18 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Brexit and Beyond

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Publisher : UCL Press
ISBN 13 : 1787352765
Total Pages : 314 pages
Book Rating : 4.7/5 (873 download)

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Book Synopsis Brexit and Beyond by : Benjamin Martill

Download or read book Brexit and Beyond written by Benjamin Martill and published by UCL Press. This book was released on 2018-01-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU. Praise for Brexit and Beyond 'a wide-ranging and thought-provoking tour through the vagaries of British exit, with the question of Europe’s fate never far from sight...Brexit is a wake-up call for the EU. How it responds is an open question—but respond it must. To better understand its options going forward you should turn to this book, which has also been made free online.' Prospect Magazine 'This book explores wonderfully well the bombshell of Brexit: is it a uniquely British phenomenon or part of a wider, existential crisis for the EU? As the tensions and complexities of the Brexit negotiations come to the fore, the collection of essays by leading scholars will prove a very valuable reference for their depth of analysis, their lucidity, and their outlining of future options.' - Kevin Featherstone, Head of the LSE European Institute, London School of Economics 'Brexit and Beyond is a must read. It moves the ongoing debate about what Brexit actually means to a whole new level. While many scholars to date have examined the reasons for the British decision to leave, the crucial question of what Brexit will mean for the future of the European project is often overlooked. No longer. Brexit and Beyond bundles the perspectives of leading scholars of European integration. By doing so, it provides a much needed scholarly guidepost for our understanding of the significance of Brexit, not only for the United Kingdom, but also for the future of the European continent.' - Catherine E. De Vries, Professor in the department of Government, University of Essex and Professor in the department of Political Science and Public Administration Free University Amsterdam 'Brexit and Beyond provides a fascinating (and comprehensive) analysis on the how and why the UK has found itself on the path to exiting the European Union. The talented cast of academic contributors is drawn from a wide variety of disciplines and areas of expertise and this provides a breadth and depth to the analysis of Brexit that is unrivalled. The volume also provides large amounts of expert-informed speculation on the future of both the EU and UK and which is both stimulating and anxiety-inducing.' -Professor Richard Whitman, Head of School, Professor of Politics and International Relations, Director of the Global Europe Centre, University of Kent

The European Union after Brexit

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526133679
Total Pages : 341 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The European Union after Brexit by : Scott L. Greer

Download or read book The European Union after Brexit written by Scott L. Greer and published by Manchester University Press. This book was released on 2020-04-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union after Brexit addresses the forces and mechanisms at work during an unprecedented transformation of the European polity. How will the EU operate without one of its key diplomatic and international military partners? What will happen to its priorities, internal balance(s) of power and legislation without the reliably liberal and Eurosceptic United Kingdom? In general, what happens when an 'ever closer union' founded on a virtuous circle of economic, social, and political integration is called into question? Though this volume is largely positive about the future of the EU after Brexit, it suggests that the process of European integration has gone into reverse, with Brexit coming amidst a series of developments that have disrupted the optimistic trajectory of integration. Covering topics such as international trade, freedom of movement, and security relations, this book answers a need for a one-stop source of strong research-based discussions of Brexit.