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Author : Johanna Croon-Gestefeld
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2014
Category : Civil rights
ISBN : 1509909672
Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
Page : 282 pages
File Size : 50,6 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509909698
This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
Author : Elspeth Guild,Cristina Gortázar Rotaeche,Dora Kostakopoulou
Publisher : Martinus Nijhoff Publishers
Page : 423 pages
File Size : 46,8 Mb
Release : 2014-01-09
Category : Law
ISBN : 9789004251526
This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.
Author : Renato Miguel Carmo,Cédric Rio,Márton Medgyesi
Publisher : Springer
Page : 259 pages
File Size : 55,6 Mb
Release : 2018-01-17
Category : Social Science
ISBN : 9783319650067
This edited collection analyses social inequality in the European Union, within and between countries. The work critically explores both vertical inequality, existing between those with high incomes and low incomes, and horizontal inequality, existing between groups according to nationality, age, ethnicity, and gender. Reducing Inequalities has been written by leading academics in the field who describe the current social situation in the European Union, focussing on inequality from a multidimensional perspective that includes income, poverty, social exclusion, education. The authors argue that social issues such as these have become national prerogatives for countries within the European Union. In response they ask: How does the European Union engage with inequality today? What principles of social solidarity ought to be applied between states and citizens of the European Union? What should be the role of European Union and its institutions regarding the challenge of reducing inequality? This book will be of interest to anyone seeking to understand inequality as a multidimensional concept, rather than solely as an economic phenomenon, across different geographical and historical contexts.
Author : Anders Molander
Publisher : Taylor & Francis
Page : 101 pages
File Size : 54,7 Mb
Release : 2016-09-13
Category : Political Science
ISBN : 9781315450476
Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state. This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning. This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.
Author : Paul Craig,Gráinne de Búrca
Publisher : Unknown
Page : 1344 pages
File Size : 42,5 Mb
Release : 2020-07-21
Category : Law
ISBN : 9780198856641
Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.
Author : Nathan Cambien,Dimitry Kochenov,Elise Muir
Publisher : BRILL
Page : 562 pages
File Size : 47,6 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004433076
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.
Author : René Provost,Colleen Sheppard
Publisher : Springer Science & Business Media
Page : 293 pages
File Size : 49,5 Mb
Release : 2012-08-10
Category : Law
ISBN : 9789400747104
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 45,7 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789904604
Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.
Author : Israel (Issi) Doron,Nena Georgantzi
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 54,7 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788972116
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 2013 pages
File Size : 46,7 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781509933501
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Author : Philipp Dann
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 45,5 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789901573
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
Author : Moritz Jesse
Publisher : Cambridge University Press
Page : 461 pages
File Size : 45,9 Mb
Release : 2020-11-19
Category : Law
ISBN : 9781108487689
Looks at immigration and asylum legislation and polices in Europe to investigate how immigrants are 'othered' by them.
Author : Armin Steinbach
Publisher : Bloomsbury Publishing
Page : 216 pages
File Size : 51,5 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781509901609
The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.
Author : Richard Lang
Publisher : BRILL
Page : 390 pages
File Size : 48,8 Mb
Release : 2018-07-19
Category : Law
ISBN : 9789004354265
In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU’s judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.
