Download or read book National Identity in EU Law written by Elke Cloots and published by Oxford Studies in European Law. This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral)--University of Leuven, 2013.
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Download or read book National Constitutional Identity and European Integration written by Alejandro Saiz Arnaiz (jurist) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
Download or read book The Jurisprudence of Particularism written by Kriszta Kovács and published by Hart Publishing. This book was released on 2023-05-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Download or read book European Integration Through Member States Constitutional Identity in EU Law written by and published by . This book was released on 2019 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Euroscepticism written by Robert Harmsen and published by Rodopi. This book was released on 2004 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accelerated pace of European integration since the early 1990s has been accompanied by the emergence of increasingly prominent and multiform oppositions to the process. The term Euroscepticism has appeared with growing frequency in a range of political, media, and academic discourses. Yet, the label is applied to a wide range of different, and occasionally contradictory, phenomena. Although originally associated with an English exceptionalism relative to a Continental project of political and economic integration, the term Euroscepticism is now also identified with a more general questioning of European Union institutions and policies which finds diverse expressions across the entire continent. This volume of European Studies brings together an interdisciplinary team of contributors to provide one of the first major, multinational surveys of the growth of these Eurosceptic tendencies. Individual chapters provide detailed examinations of developments in France, Germany, the Netherlands, the United Kingdom, Ireland, Sweden, Austria, the Czech Republic, Poland, and Switzerland. Overall, the volume draws a distinctive portrait of contemporary Euroscepticism, situating the phenomenon not only relative to the progress of European integration, but also in relation to broader questions concerned with the evolution of party politics and the reshaping of national identities.
Download or read book The Metaethics of Constitutional Adjudication written by Bosko Tripkovic and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.
Download or read book Accommodating National Identity written by Stephen Tierney and published by Martinus Nijhoff Publishers. This book was released on 2000-08-29 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Download or read book Europe s Other written by Peter Fitzpatrick and published by Routledge. This book was released on 2019-01-04 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.
Download or read book The Legal Elements of European Identity written by Elspeth Guild and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity'that is, the rights to entry, residence, work, family life, and protection from expulsion'through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders;the limitations of citizenship of the Union as currently construed;social benefits of citizenship;residence; immigration;family reunification;human rights of foreigners;asylum;expulsion and readmission;racial discrimination; andlong-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Download or read book Citizenship and Identity in Europe written by Philomena Murray and published by Dartmouth Publishing Company. This book was released on 1999 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the dilemmas of citizenship and identity in the uncertain atmosphere of Europe in the 1990s. The various chapters analyze citizenship and identity from a number of perspectives, including those of citizens themselves in both Eastern and Western Europe; of national governments; of the EC/EU; and of academic analysis. While most chapters are comparative,considering either the EU or various groupings of countries, one focuses on the European country that has in recent years suffered most in terms of identity and citizenship, viz. Yugoslavia.
Download or read book The Role of Law in European Integration written by Thomas M. J. Möllers and published by Nova Biomedical Books. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.
Download or read book National Stereotyping Identity Politics European Crises written by and published by BRILL. This book was released on 2021-05-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articulation of collective identity by means of a stereotyped repertoire of exclusionary characterizations of Self and Other is one of the longest-standing literary traditions in Europe and as such has become part of a global modernity. Recently, this discourse of Othering and national stereotyping has gained fresh political virulence as a result of the rise of “Identity Politics”. What is more, this newly politicized self/other discourse has affected Europe itself as that continent has been weathering a series of economic and political crises in recent years. The present volume traces the conjunction between cultural and literary traditions and contemporary ideologies during the crisis of European multilateralism. Contributors: Aelita Ambrulevičiūtė, Jürgen Barkhoff, Stefan Berger, Zrinka Blažević, Daniel Carey, Ana María Fraile, Wulf Kansteiner, Joep Leerssen, Hercules Millas, Zenonas Norkus, Aidan O’Malley, Raúl Sánchez Prieto, Karel Šima, Luc Van Doorslaer,Ruth Wodak
Download or read book National and European Identities in EU Enlargement written by Petr Drulák and published by . This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Ever Changing Union written by Koen Lenaerts and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.
Download or read book The Idea of European Unity written by Derek Benjamin Heater and published by Leicester University. This book was released on 1992 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of a European federal union is not new. Heater provides a history of the more important schemes since 1300, placing each in the context of the political conditions of the time and the personal convictions of their authors. The book is thus a history both of an idea and of Europe.
