Download or read book Constituting Europe written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-05-23 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.
Download or read book Constituting Europe written by Andreas Føllesdal and published by . This book was released on 2013 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.
Download or read book Constituting Europe written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-05-23 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Download or read book Constituting Europe written by Ludger Kühnhardt and published by . This book was released on 2003 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Download or read book The Constitution of Europe written by Joseph Weiler and published by Cambridge University Press. This book was released on 1999-02-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
Download or read book The Foundations of the EU as a Polity written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.
Download or read book Constituting Federal Sovereignty written by Leslie Friedman Goldstein and published by JHU Press. This book was released on 2003-05-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses why, when, and how sovereign states give up some of their sovereignity to form a larger union Starting from the premise that the system of independent, sovereign, territorial states, which was the subject of political science and international relations studies in the twentieth century, has entered a transition toward something new, noted political scientist Leslie F. Goldstein examines the development of the European Union by blending comparative and historical institutionalist approaches. She argues that the most useful framework for understanding the kinds of "supra-state" formations that are increasingly apparent in the beginning of the third millennium is comparative analysis of the formative epochs of federations of the past that formed voluntarily from previously independent states. In Constituting Federal Sovereignty: The European Union in Comparative Context Goldstein identifies three significant predecessors to today's European Union: the Dutch Union of the 17th century, the United States of America from the 1787 Constitution to the Civil War, and the first half-century of the modern Swiss federation, beginning in 1848. She examines the processes by which federalization took place, what made for its success, and what contributed to its problems. She explains why resistance to federal authority, although similar in kind, varied significantly in degree in the cases examined. And she explores the crucial roles played by such factors as sovereignty-honoring elements within the institutional structure of the federation, the circumstances of its formation (revolt against distant empire versus aftermath of war among member states), and notably, the internal culture of respect for the rule of law in the member states.
Download or read book Federalism and the European Union written by Michael Burgess and published by Routledge. This book was released on 2002-09-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revisionist interpretation of the post-war evolution of European integration and the European Union (EU), this book reappraises and reassesses conventional explanations of European integration. It adopts a federalist approach which supplements state-based arguments with federal political ideas, influences and strategies. By exploring the philosophical and historical origins of federal ideas and tracing their influence throughout the whole of the EU's evolution, the book makes a significant contribution to the scholarly debate about the nature and development of the EU. The book looks at federal ideas stretching back to the sixteenth century and demonstrates their fundamental continuity to contemporary European integration. It situates these ideas in the broad context of post-war western Europe and underlines their practical relevance in the activities of Jean Monnet and Altiero Spinelli. Post-war empirical developments are explored from a federalist perspective, revealing an enduring persistence of federal ideas which have been either ignored or overlooked in conventional interpretations. The book challenges traditional conceptions of the post-war and contemporary evolution of the EU, to reassert and reinstate federalism in theory and practice at the very core of European integration.
Download or read book The Constitution of Europe written by Joseph H.H. Weiler and published by . This book was released on 2000 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Individualism written by Alexander Somek and published by OUP Oxford. This book was released on 2008-03-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europe would create a smokescreen obscuring a new and disturbing reality. Drawing on the ancient tradition of linking different types of political power with the composition of the citizen's soul, the book explains that a transnational regime is based on an understanding of citizenship that is different from that underlying a constitutional democracy. Citizens are deemed to be essentially separate from one another. They abandon the larger society to itself and pursue their good in the private sphere. In place of trust and reliance in their own power to bring about change through common action, they hope to benefit from entrusting "problem-solving" to international networks of expertise. Essentially, citizens of this kind exhibit a strong commitment to individualism. The book shows how individualism is reflected in the regulatory authority that the Union claims for itself, in particular as regards the regulation of the internal market.
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Download or read book Uniting Europe written by Albrecht Rothacher and published by World Scientific. This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to give a straightforward insider''s account of the current realities of European integration. It succinctly reviews the reasons and methods of European integration, analyses what the European Union (EU) really does, and examines how funds are spent. The whole range of current EU policies is critically reviewed: the Single market; the Euro; and the common policies on agriculture, fisheries, the regions, industry, competition, transport, the environment, social affairs, consumer protection, research, taxation, justice, trade, development, foreign affairs and defence.This book argues for a much slimmed-down European executive. It needs to become fully accountable in a democratically legitimised bicameral federal system, and take charge only of policies essential for effective internal and external security and for a working economic and monetary union. To avoid policy paralysis and continued mismanagement by a redistributive and over-regulatory bureaucracy, most of the current OC low politicsOCO and EU funds should be returned to the member states and their regions. This book thus makes a long overdue informed contribution to the debate on Europe''s future constitution."
Download or read book The Pluralist Character of the European Economic Constitution written by Clemens Kaupa and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.
Download or read book European Union the Second Founding written by Ludger Kühnhardt and published by Nomos Verlagsgesellschaft. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is going through the process of a 'second founding, ' while simultaneously changing its rationale. The original founding of European integration in 1957 was based on the notion of internal reconciliation among European states and societies. Since the 1990s, European integration has increasingly become a political project, with implications for the internal structure of its Member States and their societies. At the same time, with the end of the Cold War, the rational of European integration has begun to change: European integration is about a new global role of Europe, its contribution to the management of global affairs, and its ability to cope with the effects of globalization on Europe. Inside the EU, the second founding is about a new contract between political elites and the people of Europe, in order to solidify legitimacy and effectiveness for this unique experiment in European history. This revised second edition - which is a broadly structured study of the first 50 years on European integration - takes into account the ratification of the Treaty of Lisbon that came into effect on December 1, 2009
Download or read book European Republic written by Stefan Collignon and published by Federal Trust. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contributes to the debate on Europe's future, taking a political economy approach to analysing some of the underlying issues. It argues that collective action problems require a courageous step forward in creating coherent governance structures for the Union and that it has become essential to give European citizens their democratic right to political automony, taking the European common concern out of the sole hands of national governments. Topics include: the essence of European integration; the changing context of European unification; collective action and economic federalism; and implications for a European Constitution.
Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
