Download or read book Paradoxes of European Legal Integration written by Anne Lise Kjær and published by Routledge. This book was released on 2016-12-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.
Download or read book European Legal Method written by Ulla Boegh Neergaard and published by Djoef Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which it is possible to identify a coherent legal method (a doctrine of the sources of law and their interpretation) that may be applied when analyzing EU law and the law of EU Member States. European Legal Method: Paradoxes and Revitalisation looks at what characterizes the sources of law and the interpretation methods that are actually used by European legal actors, especially judges and researchers. It examines the changes in the relative importance of various sources of law that occur in connection with the integration of EU law into national law.
Download or read book Paradoxes of Integration Female Migrants in Europe written by Floya Anthias and published by Springer Science & Business Media. This book was released on 2012-11-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and innovative book analyses the lives of new female migrants in the EU with a focus on the labour market, domestic work, care work and prostitution in particular. It provides a comparative analysis embracing eleven European countries from Northern (UK, Germany, Sweden, France), Southern (Portugal, Spain, Italy, Greece, Cyprus) and Eastern Europe (Poland, Slovenia), i.e. old and new immigration countries as well as old and new market economies. It maps labour market trends, welfare policies, migration laws, patterns of employment, and the working and social conditions of female migrants in different sectors of the labour market, formal and informal. It is particularly concerned with the strategies women use to counter the disadvantages they face. It analyses the ways in which gender hierarchies are intertwined with other social relations of power, providing a gendered and intersectional perspective, drawing on the biographies of migrant women. The book highlights policy relevant issues and tries to uncover some of the contradictory assumptions relating to integration which it treats as a highly normative and problematic concept. It reframes integration in terms of greater equalisation and democratisation (entailed in the parameters of access, participation and belonging), pointing to its transnational and intersectional dimensions.
Download or read book Paradoxes of European Foreign Policy written by Jan Zielonka and published by Martinus Nijhoff Publishers. This book was released on 1998-05-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses paradoxes in the EU's foreign policy, and asks questions such as: how can the European Union's "power of attraction", combined with its operational weakness, be explained?; and can the EU remain a "civilian power" when coping with an "uncivilized" world?
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 Sovereignty and integration paradoxes and development within Europe today written by Univerzita Karlova (Praha). Právnická fakulta. Konferencia (2009 : Praha) and published by . This book was released on 2010 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Copyright Inside Or Outside the European Union written by Andreas Rahmatian and published by . This book was released on 2018 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The agenda of the EU includes the harmonisation or unification of laws of its Member States for promoting the common market, improving free movement of goods, free movement of capital, free movement of services, and free movement of people. This also applies to copyright law. However, harmonisation or unification of laws through legislation or CJEU decisions does not necessarily further European integration. In the light of recent political and social events, a movement towards further harmonisation, also in copyright law, could even be detrimental to the European cause. This article argues that the more one pursues integration, harmonisation and unification of national laws across Europe, the more one may endanger the fabric and framework of a union of European states. Further legal unification prompts a tendency of the EU Member States to move away from one another. Increased unity causes further diversity, and a certain level of diversity effects unity. This dialectical process can be called the ''Herderian paradox'', inspired by the philosophical history of Johann Gottfried Herder (1744-1803) which is outlined in this article. Some of the problematic areas of copyright harmonisation that illustrate the dangers of the ''Herderian paradox'' are discussed: the concept of copyright work, the interpretation of originality, the role of moral rights, exceptions and limitations, and, as a possible but dangerous remedy to overcome difficulties of harmonisation, EU law pre-emption and intergovernmental treaties outside EU law.
Download or read book Challenging the Paradoxes of Integration Policies written by Fabiola Pardo and published by Springer. This book was released on 2018-08-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces Latin American migration to Europe since the 1970s. Focusing on Amsterdam, London, and Madrid, it examines the policies of integration in a comparative perspective that takes into account transnational, national, regional and local levels. It examines the entire mechanism that Latin American migrants confront in the European cities they settle, and provides readers with a theoretical framework on integration that addresses the concepts of multiculturalism, interculturality, transculturality and transnationalism. This work is based on rich qualitative data from in-depth interviews, focus groups and participant observation complemented by a substantial documentary and legislative analysis. It reveals that current policies are limited and migrants are excluded in most of the formal venues for integration. In addition, the book shows the many ways that migrants negotiate the constraints and imperatives of integration. In Western Europe today, immigrants are largely assuming the entire responsibility of their integration. This book provides readers with much needed insight into why European integration policies are not responding to the needs of immigrants nor to society as a whole.
Download or read book The European Court of Justice and the Autonomy of the Member States written by Hans-W. Micklitz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, especially when those judgments curtail that state's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed, in each treaty revision so far, to confirm and extend the far-reaching powers which the Court of Justice possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, quite often, does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
Download or read book Legal Integration and Language Diversity written by C.J.W. Baaij and published by Oxford University Press. This book was released on 2018-02-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.
Download or read book The European Court of Justice written by Renaud Dehousse and published by Palgrave Macmillan. This book was released on 1998-10-15 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.
Download or read book Sixty Years of European Integration and Global Power Shifts written by Julien Chaisse and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.
Download or read book Legal Symbolism written by Jiří Přibáň and published by Routledge. This book was released on 2016-04-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Download or read book European Integration Theory and the Future of the European Union After Brexit written by Diogo Magalhaes and published by . This book was released on 2019 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade all four areas of European integration - economic, social, legal and political - have faced a series of unprecedented crises that have shattered the foundations of the integration process and have thrown into question the future of the European Union. Among the many paradoxes that have riddled the integration project since its inception, none is more puzzling than the one the EU faces currently. Arguably never in any other time has the EU been so integrated and so successful as it is today, and likewise, never in any other time has there been a greater cognitive dissonance and distance between the peoples of Europe and the EU. This project argues that the greatest crisis afflicting the European project is an epistemological crisis, resulting from our continued failure to understand the processes and forces that drive European integration. Attempts to address questions regarding the future of Europe are failing precisely because we are attempting to answer Europe's ontological question, without first answering Europe's epistemological question, in other words, we are attempting to agree on a future for Europe without first understanding the very nature of the integration process, and if we persist on this fallacy we are doomed to fail in both pursuits, as we have been failing for the last seventy years. This project argues that in order to solve this paradox, in order to determine the future of the EU and overcome Europe's crisis, we must adopt a systems theory approach to understand the complex adaptive nature of the integration process. A systems theory approach to European integration theory allows us to uncover and to understand the different inputs that both constrain and compel European integration and allows us to create predictive models of future integration and disintegration....
Download or read book New Governance and the European Employment Strategy written by Samantha Velluti and published by Routledge. This book was released on 2010-03-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European Strategy for Employment (EES) and its implementation through the Open Method of Coordination, exploring what the EES reveals about recent developments in EU social governance, and offering new insights and fresh perspectives into the operation of New Governance and its relationship with law and constitutionalism.
Download or read book Legal Certainty in Multilingual EU Law written by Dr Elina Paunio and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Download or read book Legal Issues of European Integration written by D. J. Gijlstra and published by . This book was released on 1979-12-19 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
