The Constitutional Structure Of Europes Area Of Freedom Security And Justice And The Right To Justification

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The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

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Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912517
Total Pages : 199 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification by : Ester Herlin-Karnell

Download or read book The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

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Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912509
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification by : Ester Herlin-Karnell

Download or read book The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice

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Author : Ermioni Xanthopoulou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922261
Total Pages : 249 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice by : Ermioni Xanthopoulou

Download or read book Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice written by Ermioni Xanthopoulou and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.

The Area of Freedom, Security and Justice Ten Years on

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Author : Elspeth Guild
Publisher :
ISBN 13 : 9789461380340
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

Book Synopsis The Area of Freedom, Security and Justice Ten Years on by : Elspeth Guild

Download or read book The Area of Freedom, Security and Justice Ten Years on written by Elspeth Guild and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.

The Constitutional Structure of Europe's Area of 'freedom, Security and Justice' and the Right to Justification

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Author : Ester Herlin-Karnell
Publisher :
ISBN 13 : 9781509912520
Total Pages : 182 pages
Book Rating : 4.9/5 (125 download)

Book Synopsis The Constitutional Structure of Europe's Area of 'freedom, Security and Justice' and the Right to Justification by : Ester Herlin-Karnell

Download or read book The Constitutional Structure of Europe's Area of 'freedom, Security and Justice' and the Right to Justification written by Ester Herlin-Karnell and published by . This book was released on 2019 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core"--Bloomsbury Publishing.

Constitutionalism Justified

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Author : Ester Herlin-Karnell
Publisher :
ISBN 13 : 0190889055
Total Pages : 385 pages
Book Rating : 4.1/5 (98 download)

Book Synopsis Constitutionalism Justified by : Ester Herlin-Karnell

Download or read book Constitutionalism Justified written by Ester Herlin-Karnell and published by . This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.

European Union Law in Context

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Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901418
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis European Union Law in Context by : Ester Herlin-Karnell

Download or read book European Union Law in Context written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

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Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912509
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

Book Synopsis The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification by : Ester Herlin-Karnell

Download or read book The Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

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

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

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.

Human Rights in the Council of Europe and the European Union

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Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)

Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

The Crisis of the European Union

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Author : Jürgen Habermas
Publisher : John Wiley & Sons
ISBN 13 : 0745681530
Total Pages : 128 pages
Book Rating : 4.7/5 (456 download)

Book Synopsis The Crisis of the European Union by : Jürgen Habermas

Download or read book The Crisis of the European Union written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2014-03-03 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.

Definition and Development of Human Rights and Popular Sovereignty in Europe

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Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287171344
Total Pages : 236 pages
Book Rating : 4.1/5 (713 download)

Book Synopsis Definition and Development of Human Rights and Popular Sovereignty in Europe by : European Commission for Democracy through Law

Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Europe's Foreign and Security Policy

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Author : Michael E. Smith
Publisher : Cambridge University Press
ISBN 13 : 9780521538619
Total Pages : 312 pages
Book Rating : 4.5/5 (386 download)

Book Synopsis Europe's Foreign and Security Policy by : Michael E. Smith

Download or read book Europe's Foreign and Security Policy written by Michael E. Smith and published by Cambridge University Press. This book was released on 2004 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.

EU Criminal Law

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Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 184731726X
Total Pages : 561 pages
Book Rating : 4.8/5 (473 download)

Book Synopsis EU Criminal Law by : Valsamis Mitsilegas

Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2009-03-16 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Defending Checks and Balances in EU Member States

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Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

European Constitutionalism

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

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.