Frontiers Of Equality In The Development Of Eu And Us Citizenship

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Frontiers of Equality in the Development of EU and US Citizenship

Author : Jeremy B. Bierbach
Publisher : Springer
Page : 477 pages
File Size : 55,7 Mb
Release : 2017-02-09
Category : Law
ISBN : 9789462651654

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Frontiers of Equality in the Development of EU and US Citizenship by Jeremy B. Bierbach Pdf

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

European Yearbook of Constitutional Law 2022

Author : Jurgen de Poorter,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser,Ingrid Leijten,Charlotte van Oirsouw
Publisher : Springer Nature
Page : 236 pages
File Size : 44,5 Mb
Release : 2023-07-25
Category : Law
ISBN : 9789462655959

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European Yearbook of Constitutional Law 2022 by Jurgen de Poorter,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser,Ingrid Leijten,Charlotte van Oirsouw Pdf

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.

Argonauts of West Africa

Author : Apostolos Andrikopoulos
Publisher : University of Chicago Press
Page : 210 pages
File Size : 45,8 Mb
Release : 2023
Category : Africans
ISBN : 9780226822624

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Argonauts of West Africa by Apostolos Andrikopoulos Pdf

"Argonauts of West Africa examines the paradoxes of kinship in the lives of unauthorized African migrants as they struggle for mobility, employment, and citizenship in Europe. In a rapidly changing and highly precarious context, migrants turn to kinship in search of security, stability, and predictability. Through the exchange of identity documents, assistance in obtaining such documentation, marriage, or cohabitation, new kinship dynamics are continually made and remade to navigate the shifting demands of European states. These new kinship relations, however, often prove unreliable, taking on new, unexpected dynamics in the face of codependency; they become more difficult to control than those who entered into such relations could have imagined. Through unusually close ethnographic work in West African migrant communities in Amsterdam, Apostolos Andrikopoulos reveals unseen dynamics of "siblinghood" through shared papers, the tensions of race and gender that develop in mutually beneficial marriages, and the vast, informal networks of people, information, and documentation on which migrants rely. Throughout, Andrikopoulos demonstrates how inequality, exclusionary practices, and the changing policies of an often-violent state demand new forms of kinship to successfully navigate complex migration routes"--

John Locke, Territory, and Transmigration

Author : Brian Smith
Publisher : Taylor & Francis
Page : 200 pages
File Size : 48,9 Mb
Release : 2020-12-28
Category : Political Science
ISBN : 9781000328363

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John Locke, Territory, and Transmigration by Brian Smith Pdf

This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke’s in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke’s writing — his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights — which have great import in present-day debates about migration. Departing from the popular extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy.

A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU

Author : R. Eljalill Tauschinsky
Publisher : Springer Nature
Page : 221 pages
File Size : 52,6 Mb
Release : 2019-11-10
Category : Law
ISBN : 9783030263003

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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU by R. Eljalill Tauschinsky Pdf

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.

The Language of Constitutional Comparison

Author : Venter, Francois
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 48,7 Mb
Release : 2022-03-04
Category : Law
ISBN : 9781800882584

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The Language of Constitutional Comparison by Venter, Francois Pdf

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

Research Handbook on General Principles in EU Law

Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 50,8 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389

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Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf

This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

European Citizenship under Stress

Author : Nathan Cambien,Dimitry Kochenov,Elise Muir
Publisher : BRILL
Page : 562 pages
File Size : 48,9 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004433076

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European Citizenship under Stress by Nathan Cambien,Dimitry Kochenov,Elise Muir Pdf

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

EU Citizenship and Federalism

Author : Dimitry Kochenov
Publisher : Cambridge University Press
Page : 869 pages
File Size : 41,5 Mb
Release : 2017-04-13
Category : Law
ISBN : 9781107072701

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EU Citizenship and Federalism by Dimitry Kochenov Pdf

Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.

Europe in 12 Lessons

Author : Pascal Fontaine
Publisher : Unknown
Page : 106 pages
File Size : 40,6 Mb
Release : 2018
Category : Electronic
ISBN : 9279715623

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Europe in 12 Lessons by Pascal Fontaine Pdf

What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.

Conditions of European Solidarity: What holds Europe together?

Author : Krzysztof Michalski
Publisher : Central European University Press
Page : 216 pages
File Size : 52,5 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9637326472

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Conditions of European Solidarity: What holds Europe together? by Krzysztof Michalski Pdf

The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.

Frontiers of Gender Equality

Author : Rebecca J. Cook
Publisher : University of Pennsylvania Press
Page : 617 pages
File Size : 50,6 Mb
Release : 2023-05-30
Category : Law
ISBN : 9781512823578

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Frontiers of Gender Equality by Rebecca J. Cook Pdf

In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.

Digital citizenship education handbook

Author : Janice Richardson,Elizabeth Milovidov
Publisher : Council of Europe
Page : 144 pages
File Size : 47,9 Mb
Release : 2019-02-25
Category : Political Science
ISBN : 9789287189363

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Digital citizenship education handbook by Janice Richardson,Elizabeth Milovidov Pdf

Being online, well-being online, and rights online: information, tools and good practice Digital citizenship competences define how we act and interact online. They comprise the values, attitudes, skills and knowledge and critical understanding necessary to responsibly navigate the constantly evolving digital world, and to shape technology to meet our own needs rather than to be shaped by it. The Digital citizenship education handbook offers information, tools and good practice to support the development of these competences in keeping with the Council of Europe’s vocation to empower and protect children, enabling them to live together as equals in today’s culturally diverse democratic societies, both on- and offline. The Digital citizenship education handbook is intended for teachers and parents, education decision makers and platform providers alike. It describes in depth the multiple dimensions that make up each of ten digital citizenship domains, and includes a fact sheet on each domain providing ideas, good practice and further references to support educators in building the competences that will stand children in good stead when they are confronted with the challenges of tomorrow’s digital world. The Digital citizenship education handbook is consistent with the Council of Europe’s Reference Framework of Competences for Democratic Culture and compatible for use with the Internet literacy handbook.

Controlling Frontiers

Author : Elspeth Guild
Publisher : Routledge
Page : 296 pages
File Size : 46,7 Mb
Release : 2017-05-15
Category : Social Science
ISBN : 9781351948708

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Controlling Frontiers by Elspeth Guild Pdf

Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

Global Trends 2040

Author : National Intelligence Council
Publisher : Cosimo Reports
Page : 158 pages
File Size : 50,5 Mb
Release : 2021-03
Category : Electronic
ISBN : 1646794974

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Global Trends 2040 by National Intelligence Council Pdf

"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.