Secession And European Union Law

Author : N?ria Gonz?lez Campa??
Publisher : Oxford University Press
Page : 420 pages
File Size : 44,7 Mb
Release : 2024-05-23
Category : Law
ISBN : 9780198882619

Get Book

Secession and European Union Law by N?ria Gonz?lez Campa?? Pdf

Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.

Author : Carlos Closa
Publisher : Cambridge University Press
Page : 325 pages
File Size : 53,5 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781107172197

Get Book

Secession from a Member State and Withdrawal from the European Union by Carlos Closa Pdf

The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.

Author : NURIA. GONZALEZ CAMPANA
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2024-08-23
Category : Law
ISBN : 0198882599

Get Book

Secession and European Union Law by NURIA. GONZALEZ CAMPANA Pdf

Secession and European Union Law draws on a pluralist reading of the relationship between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders in the context of secession.

Author : Anonim
Publisher : BRILL
Page : 288 pages
File Size : 41,8 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004499102

Get Book

Unrecognized Entities by Anonim Pdf

The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.

Author : Manolis Perakis
Publisher : Cambridge Scholars Publishing
Page : 221 pages
File Size : 48,8 Mb
Release : 2019-05-03
Category : Law
ISBN : 9781527534155

Get Book

Exiting the European Union by Manolis Perakis Pdf

Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it could also occur in the form of a “forced” exit, including expulsion due to an infringement of fundamental rules, or secession—the most relevant example at present being Catalonia. Legal scholars, practitioners and students, as well as political scientists and anyone interested in what the future holds for European integration, will find this book particularly relevant.

Author : Τάκης Τριδίμας,Paolisa Nebbia
Publisher : Hart Publishing
Page : 448 pages
File Size : 45,7 Mb
Release : 2004-10
Category : Law
ISBN : 9781841134604

Get Book

European Union Law for the Twenty-First Century: Volume 2 by Τάκης Τριδίμας,Paolisa Nebbia Pdf

This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

Author : Giacomo Delledonne,Giuseppe Martinico
Publisher : Springer
Page : 286 pages
File Size : 50,7 Mb
Release : 2018-12-11
Category : Political Science
ISBN : 9783030034696

Get Book

The Canadian Contribution to a Comparative Law of Secession by Giacomo Delledonne,Giuseppe Martinico Pdf

This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.

Author : Carlos Closa,Costanza Margiotta,Giuseppe Martinico
Publisher : Routledge
Page : 178 pages
File Size : 51,5 Mb
Release : 2019-09-30
Category : Law
ISBN : 9780429626807

Get Book

Between Democracy and Law by Carlos Closa,Costanza Margiotta,Giuseppe Martinico Pdf

This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 40,9 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

Get Book

Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Author : Damian Chalmers,Erika M. Szyszczak
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2024-06-28
Category : European Union
ISBN : OCLC:603745315

Get Book

European Union Law by Damian Chalmers,Erika M. Szyszczak Pdf

Author : Paul Gragl
Publisher : Bloomsbury Publishing
Page : 593 pages
File Size : 43,6 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781782251644

Get Book

The Accession of the European Union to the European Convention on Human Rights by Paul Gragl Pdf

After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

Author : David A. O. Edward,Robert C. Lane
Publisher : Edward Elgar Publishing
Page : 988 pages
File Size : 45,5 Mb
Release : 2013
Category : Law
ISBN : 0857931040

Get Book

Edward and Lane on European Union Law by David A. O. Edward,Robert C. Lane Pdf

The history --The European Union : structure and basic rules --The political institutions and procedures --Other bodies --The Court of Justice --The sources, nature and methods of European Union Law --The principles --Non-discrimination and citizenship of the Union --Union policies and internal actions : introduction --The free movement of goods --The free movement of persons and services --The free movement of capital --Competition --Other polices

Author : Eduardo D. Faingold
Publisher : Springer Nature
Page : 154 pages
File Size : 47,6 Mb
Release : 2019-11-15
Category : Language Arts & Disciplines
ISBN : 9783030330125

Get Book

Language Rights and the Law in the European Union by Eduardo D. Faingold Pdf

This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an increase in claims for language recognition by minority groups representing a considerable population (such as Catalan in Spain and Welsh in the UK). Additionally, there is a developing situation surrounding the official use of English within the European Union in the aftermath of the Brexit vote. In light of these two contexts, this book focuses on the degree of legal protection afforded to linguistic groups in the European Union. It will be of interest to students and scholars of language policy, EU law, minority languages and sociolinguistics.

Author : Paolisa Nebbia
Publisher : Unknown
Page : 418 pages
File Size : 55,8 Mb
Release : 2004
Category : Law
ISBN : 1472563174

Get Book

European Union Law for the Twenty-first Century by Paolisa Nebbia Pdf

Author : Koenraad Lenaerts,Piet Van Nuffel,Robert Bray
Publisher : Unknown
Page : 1083 pages
File Size : 54,5 Mb
Release : 2011
Category : Constitutional law
ISBN : 1847037437

Get Book

European Union Law by Koenraad Lenaerts,Piet Van Nuffel,Robert Bray Pdf

Revision of the author's Constitutional law of the European Union.