Critical Reflections On Constitutional Democracy In The European Union

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Critical Reflections on Constitutional Democracy in the European Union

Sacha Garben,Inge Govaere,Paul Nemitz
Critical Reflections on Constitutional Democracy in the European Union Book PDF

Author : Sacha Garben,Inge Govaere,Paul Nemitz
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 42,9 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509933273

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Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Pdf

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Reflections on Democracy in the European Union

Afshin Ellian,Raisa Blommestijn
Reflections on Democracy in the European Union Book PDF

Author : Afshin Ellian,Raisa Blommestijn
Publisher : Unknown
Page : 306 pages
File Size : 40,8 Mb
Release : 2020-08-13
Category : Democracy
ISBN : 9490947865

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Reflections on Democracy in the European Union by Afshin Ellian,Raisa Blommestijn Pdf

Reflections on democracy in the European Union', with a foreword by Dutch Prime Minister Mark Rutte, offers an interdisciplinary approach on EU democracy, law and politics from economic, juridical and philosophical perspectives. It is divided in three parts and deals with EU's contemporary challenges, its historical development, democracy and rule of law. The volume connects the EU's present to the past in order to reflect on possible future scenarios - which is especially important in these turbulent times after Brexit.

Polity and Crisis

Massimo Fichera,Sakari Hänninen
Polity and Crisis Book PDF

Author : Massimo Fichera,Sakari Hänninen
Publisher : Routledge
Page : 332 pages
File Size : 51,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317078432

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Polity and Crisis by Massimo Fichera,Sakari Hänninen Pdf

European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether the future of European integration after the crisis will be paved by decisions which conflict with its Treaty basis, and how it might come up with alternatives which would do more than echo the compulsions of the global market. Issues are analysed from a historical perspective to see what can be learnt from its past and to explore the options for the future. With contributions from prominent international legal and political scholars, the book will be of interest to academics, students and policy-makers working in these areas.

CONSTITUTIONAL DEMOCRACY - In the Member State of the European Union

Victor Cătălin
CONSTITUTIONAL DEMOCRACY In the Member State of the European Union Book PDF

Author : Victor Cătălin
Publisher : Lulu.com
Page : 282 pages
File Size : 41,5 Mb
Release : 2019-09-17
Category : Law
ISBN : 0359838170

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CONSTITUTIONAL DEMOCRACY - In the Member State of the European Union by Victor Cătălin Pdf

Book of political science that proposes a method of evaluating constitutional democracy, based on the idea that the level of democracy of a state is the one established by its constitution. The method is applied, as a case study, to the Member States of the European Union. The results obtained by comparing the level of constitutional democracy could be the basis for thinking about the future of the European Union.

Critical Reflections on Constitutional Democracy in the European Union

Sacha Garben,Inge Govaere,Paul Nemitz
Critical Reflections on Constitutional Democracy in the European Union Book PDF

Author : Sacha Garben,Inge Govaere,Paul Nemitz
Publisher : Bloomsbury Publishing
Page : 596 pages
File Size : 53,9 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509933266

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Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Pdf

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Democracy in the European Union

Alex Warleigh
Democracy in the European Union Book PDF

Author : Alex Warleigh
Publisher : SAGE
Page : 170 pages
File Size : 55,7 Mb
Release : 2003-04-21
Category : Political Science
ISBN : 0761972811

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Democracy in the European Union by Alex Warleigh Pdf

This book comprehensively reviews one of the most salient, ongoing debates at the heart of the European Union (EU) today: democratic reform.

European Republic

Stefan Collignon
European Republic Book PDF

Author : Stefan Collignon
Publisher : Federal Trust
Page : 238 pages
File Size : 52,7 Mb
Release : 2003
Category : Political Science
ISBN : UOM:39015057571252

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European Republic by Stefan Collignon Pdf

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.

Populism and Contemporary Democracy in Europe

Josep Maria Castellà Andreu,Marco Antonio Simonelli
Populism and Contemporary Democracy in Europe Book PDF

Author : Josep Maria Castellà Andreu,Marco Antonio Simonelli
Publisher : Springer Nature
Page : 341 pages
File Size : 46,5 Mb
Release : 2022-04-12
Category : Political Science
ISBN : 9783030928841

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Populism and Contemporary Democracy in Europe by Josep Maria Castellà Andreu,Marco Antonio Simonelli Pdf

This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Reflections on the Future of Democracy in Europe

Council of Europe. Directorate General of Political Affairs
Reflections on the Future of Democracy in Europe Book PDF

Author : Council of Europe. Directorate General of Political Affairs
Publisher : Council of Europe
Page : 165 pages
File Size : 40,5 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9789287158123

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Reflections on the Future of Democracy in Europe by Council of Europe. Directorate General of Political Affairs Pdf

This publication contains papers presented at a conference, held in November 2004 in Barcelona and organised by the Council of Europe. The purpose of the conference (held to mark the end of the three-year integrated project "Making democratic institutions work") was to discuss issues relating to the challenges and opportunities facing governments in Europe to strengthen democratic reform and encourage greater public participation. Topics covered include: promoting inclusive elections; financing of political parties; popular initiatives and referendums; and how modern communication technologies can affect the democratic process.

Limits to Democratic Constitutionalism in Central and Eastern Europe

Bogusia Puchalska
Limits to Democratic Constitutionalism in Central and Eastern Europe Book PDF

Author : Bogusia Puchalska
Publisher : Ashgate Publishing, Ltd.
Page : 190 pages
File Size : 44,7 Mb
Release : 2011
Category : Law
ISBN : 1409419835

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Limits to Democratic Constitutionalism in Central and Eastern Europe by Bogusia Puchalska Pdf

In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and lawmaking in constitutional moments should be politically, and not just constitutionally legitimate. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Cassis de Dijon

Albertina Albors-Llorens,Catherine Barnard,Brigitte Leucht
Cassis de Dijon Book PDF

Author : Albertina Albors-Llorens,Catherine Barnard,Brigitte Leucht
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 50,8 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509936656

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Cassis de Dijon by Albertina Albors-Llorens,Catherine Barnard,Brigitte Leucht Pdf

Why is the 1979 the Court of Justice judgment in Cassis de Dijon so famous and so significant in the evolution of EU trade law?. As this landmark judgment approaches middle age, this book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijon as it did? How has the decision been developed by the EU? And, looking forward, how has the decision been used to develop international trade? This book brings together some of the leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of this ground-breaking judgment, looking at it from the perspective of its past (who, what and why); its present (is it making a difference?); and its future (how does it fit in international trade agreements).

The Rule of Law’s Anatomy in the EU

Allan Rosas,Juha Raitio,Pekka Pohjankoski
The Rule of Law s Anatomy in the EU Book PDF

Author : Allan Rosas,Juha Raitio,Pekka Pohjankoski
Publisher : Bloomsbury Publishing
Page : 241 pages
File Size : 55,6 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509955084

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The Rule of Law’s Anatomy in the EU by Allan Rosas,Juha Raitio,Pekka Pohjankoski Pdf

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the rule of law. Drawing on the expertise of leading scholars and judges at the forefront of the question, it takes a dual approach. It opens by setting out the foundations of the rule of law, including legal certainty, democratic principles and judicial independence. It goes on to explore the protections that can be relied upon, from policy developments, to human rights sanctions, and infringement actions. This is a rapidly developing question in EU constitutional law, so this masterful collection will be welcomed by both scholars and policy-makers in the field.

Revisiting Judicial Politics in the European Union

Mark Dawson,Bruno de Witte,Elise Muir
Revisiting Judicial Politics in the European Union Book PDF

Author : Mark Dawson,Bruno de Witte,Elise Muir
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 55,8 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035313518

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Revisiting Judicial Politics in the European Union by Mark Dawson,Bruno de Witte,Elise Muir Pdf

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

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

Graham Butler
Constitutional Law of the EU s Common Foreign and Security Policy Book PDF

Author : Graham Butler
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 54,9 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781509925964

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Constitutional Law of the EU’s Common Foreign and Security Policy by Graham Butler Pdf

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; and, 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.

The Changing Role of Citizens in EU Democratic Governance

Davor Jancic
The Changing Role of Citizens in EU Democratic Governance Book PDF

Author : Davor Jancic
Publisher : Bloomsbury Publishing
Page : 365 pages
File Size : 55,5 Mb
Release : 2023-02-23
Category : Political Science
ISBN : 9781509950843

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The Changing Role of Citizens in EU Democratic Governance by Davor Jancic Pdf

This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.