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Author : Elke Cloots
Publisher : Oxford Studies in European Law
Page : 401 pages
File Size : 55,5 Mb
Release : 2015
Category : Law
ISBN : 9780198733768
Based on the author's thesis (doctoral)--University of Leuven, 2013.
Author : Alejandro Saiz Arnaiz (jurist),Carina Alcoberro Llivina
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2013
Category : Constitutional law
ISBN : 1780681607
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)
Author : Christian Calliess,Gerhard van der Schyff
Publisher : Cambridge University Press
Page : 393 pages
File Size : 53,7 Mb
Release : 2019-10-24
Category : Law
ISBN : 9781108480437
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author : Kriszta Kovács
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2023
Category : Jurisprudence
ISBN : 1509960155
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 ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Author : Stephen Tierney
Publisher : Martinus Nijhoff Publishers
Page : 318 pages
File Size : 49,7 Mb
Release : 2000-08-29
Category : Law
ISBN : 9041114009
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.
Author : Elspeth Guild
Publisher : Kluwer Law International B.V.
Page : 286 pages
File Size : 50,6 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123046
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.
Author : Robert Harmsen,Menno Spiering
Publisher : Rodopi
Page : 302 pages
File Size : 45,5 Mb
Release : 2004
Category : Europe
ISBN : 9042011688
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.
Author : Peter Fitzpatrick,James Henry Bergeron
Publisher : Routledge
Page : 467 pages
File Size : 46,6 Mb
Release : 2019-01-04
Category : Law
ISBN : 9780429814556
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.
Author : Thomas M. J. Möllers
Publisher : Nova Biomedical Books
Page : 0 pages
File Size : 50,5 Mb
Release : 2003
Category : Europe
ISBN : 1590336585
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.
Author : Rainer Arnold
Publisher : Springer
Page : 197 pages
File Size : 43,5 Mb
Release : 2016-02-25
Category : Law
ISBN : 9789401774710
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).
Author : Enikö Horváth
Publisher : Kluwer Law International B.V.
Page : 416 pages
File Size : 53,7 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9789041126627
Based on the author's thesis (doctoral)--European University Institute, 2006.
Author : Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 50,6 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509923687
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.
Author : Leigh Oakes
Publisher : John Benjamins Publishing
Page : 324 pages
File Size : 40,9 Mb
Release : 2001-01-01
Category : Language Arts & Disciplines
ISBN : 1588111164
This book re-examines the relationship between language and national identity. Unlike many previous studies, it employs a comparative approach: France and Sweden have been chosen as case studies both for their similarities (e.g. both are member states of the European Union) as well as their important differences (e.g. France subscribes in principle to a civic model of national identity, whereas the basis of Swedish identity is undeniably ethnic). It is precisely differences such as these which allow for a more comprehensive understanding of the ethnolinguistic implications of some of the major challenges currently facing France, Sweden and other European countries: regionalism, immigration, European integration and globalization.The present volume benefits from the use of a multidisciplinary approach, and differs from others on the market because of the variety of methods of inquiry used. A series of societal analyses is complemented by an empirical component, bringing a more grounded understanding to the issue of language and national identity.
Author : Robert Walters
Publisher : Springer Nature
Page : 364 pages
File Size : 50,8 Mb
Release : 2020-02-26
Category : Law
ISBN : 9789811521645
This book aims to enrich the thinking and discussion in relation to the importance that citizenship, immigration, rights and private laws play in the modern world. This is in a time when social cohesion and national identity is being challenged. It will explore the impact these laws have had on Australia, European Union (EU) and Slovenia. Identity and social cohesion are contested concepts and can invoke different responses. The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable. These alone pose some of the most complex political and policy issues facing the world. The EU can be held up as a polity that, has developed an identity and level of cohesion, while allowing member states to retain their national identities. It has, to date, also been successful in managing the rise of nationalism. However, that has come under threat in recent times. Thus, the very foundations of liberal democracy could be diluted from the impact of these challenges. Moreover, the basic foundations of rights have, in part, already been diluted from the rise of terrorism (which is acceptable), however, the geopolitical differences pose a significant challenge, in, and of themselves.
Author : Carlo Panara
Publisher : Springer
Page : 191 pages
File Size : 47,9 Mb
Release : 2015-03-02
Category : Law
ISBN : 9783319145891
This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.