The Constitutional Dilemma of the European Union

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Author :
Publisher : Europa Law Publishing
ISBN 13 : 9789089520623
Total Pages : 140 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis The Constitutional Dilemma of the European Union by : Joakim Nergelius

Download or read book The Constitutional Dilemma of the European Union written by Joakim Nergelius and published by Europa Law Publishing. This book was released on 2009 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the future steps in European integration, which are to be taken after the likely entry into force of the Lisbon Treaty in 2010. Against the background of the drafting of this new treaty, and the constitutional discussion within EU law during the last decades, the book questions whether the Treaty and leading EU law theorists have really grasped and addressed the true future challenges of European integration. Instead of always trying to balance supra-nationalism and inter-governmentalism, and seeing the EU as less democratic than a nation-state, at least the doctrine ought to embrace the most characteristic trait of European integration - namely supra-national decision-making - and discuss its future potential. In the book, recent changes in EU constitutional law and constitutional theory are observed. Leading EU theorists - such as Weiler, Majone, and Habermas - are critically analyzed, with a view to their inability to see the EU today for what it really is. Finally, alternative strategies for the next decades are discussed, which may make the EU work more efficiently and, at the same time, bridge the gap between the Union and its citizens.

Relocating the Rule of Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314724
Total Pages : 244 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Relocating the Rule of Law by : Gianluigi Palombella

Download or read book Relocating the Rule of Law written by Gianluigi Palombella and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

Reinforcing Rule of Law Oversight in the European Union

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The European Union in the 21st Century

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Publisher :
ISBN 13 : 9789290799290
Total Pages : 0 pages
Book Rating : 4.7/5 (992 download)

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Book Synopsis The European Union in the 21st Century by : Stefano Micossi

Download or read book The European Union in the 21st Century written by Stefano Micossi and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.

Constitutional Law of the EU’s Common Foreign and Security Policy

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925961
Total Pages : 373 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Law of the EU’s Common Foreign and Security Policy by : Graham Butler

Download or read book Constitutional Law of the EU’s Common Foreign and Security Policy written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020; Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021; and, Opinion of Advocate General Tamara Capeta in Joined Cases C-29/22 P and C-44/22 P, KS, KD v Council of the European Union, European Commission, and European External Action Service (EEAS), and European Commission v KS, KD, Council of the European Union, and European External Action Service (EEAS), ECLI:EU:C:2023:901, Court of Justice of the European Union (Grand Chamber), 23 November 2023.

Demanding Rights

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Publisher : Cambridge University Press
ISBN 13 : 1108496490
Total Pages : 207 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Demanding Rights by : Moritz Baumgärtel

Download or read book Demanding Rights written by Moritz Baumgärtel and published by Cambridge University Press. This book was released on 2019-05-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.

Principles of European Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731550X
Total Pages : 856 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Self-Constitution of European Society

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Author :
Publisher : Routledge
ISBN 13 : 131705752X
Total Pages : 357 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Self-Constitution of European Society by : Jiří Přibáň

Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

European Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107087090
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Constitutionalism by : Kaarlo Tuori

Download or read book European Constitutionalism written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2015-07-16 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.

Public Liability in EU Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847318193
Total Pages : 212 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Public Liability in EU Law by : Pekka Aalto

Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Global Constitutionalism from European and East Asian Perspectives

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Publisher : Cambridge University Press
ISBN 13 : 1108417116
Total Pages : 625 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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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.

Market Supervision in the European Union

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004280367
Total Pages : 399 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Market Supervision in the European Union by : Pieter van Cleynenbreugel

Download or read book Market Supervision in the European Union written by Pieter van Cleynenbreugel and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares and reconstructs the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation (competition, financial services, chemicals, consumer law, electronic communications and energy). EU market supervision developments have been plentiful over the past decade, but have so far mainly been studied in their own sector-specific context. On the basis of an innovative cross-sector investigation, Pieter Van Cleynenbreugel identifies and conceptualises common or converging EU constitutional benchmarks underlying those sector-specific administrative design developments. Those benchmarks better allow to conceptualise, predict and restrain future EU integrated administration structures and initiatives in those and other fields of European Union law.

Philosophical Foundations of European Union Law

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Publisher : Oxford University Press
ISBN 13 : 0199588775
Total Pages : 468 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by Oxford University Press. This book was released on 2012-10-11 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.

Sovereignty in Post-Sovereign Society

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Publisher : Routledge
ISBN 13 : 1317052080
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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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.

The Europe Dilemma

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Publisher : Bloomsbury Publishing
ISBN 13 : 0857734644
Total Pages : 475 pages
Book Rating : 4.8/5 (577 download)

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Book Synopsis The Europe Dilemma by : Roger Liddle

Download or read book The Europe Dilemma written by Roger Liddle and published by Bloomsbury Publishing. This book was released on 2014-02-20 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Britain's future in Europe? This book revisits an old argument but for dramatically new times. The old argument is about Britain's 'semi-detachedness' from Europe and whether that posture could ever change. The new times are the crisis in the Eurozone and its wider impact on the European Union's future. While logic may point to deeper integration, the politics associated with the EU's problems make this a significant and possibly insurmountable challenge. Where should Britain stand? What future should Britain want for the EU? And how important is continued membership of the EU for Britain's future? This book offers new answers to these questions from the perspective of an author who has combined experience both at the heart of the British Government, as Tony Blair's European adviser and with years of understanding Europe from the inside - working at a senior level in the European Commission. This book will be essential reading for anyone interested in the future of British and European politics.

Democratisation in the European Neighbourhood

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Author :
Publisher : CEPS
ISBN 13 : 9290795921
Total Pages : 241 pages
Book Rating : 4.2/5 (97 download)

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Book Synopsis Democratisation in the European Neighbourhood by : Michael Emerson

Download or read book Democratisation in the European Neighbourhood written by Michael Emerson and published by CEPS. This book was released on 2005 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.