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Author : Carlos Closa
Publisher : Cambridge University Press
Page : 325 pages
File Size : 41,9 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781107172197
The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Author : Annegret Eppler,Charlie Jeffery,Stefan August Lütgenau
Publisher : StudienVerlag
Page : 348 pages
File Size : 47,8 Mb
Release : 2021-12-08
Category : Political Science
ISBN : 9783706562157
This volume deals with current secessionist movements in states that are or were members of the European Union (EU). It compares the cases of Scotland, Catalonia, and Flanders, which are anchored in three different political systems. However, all three sub-state regions analysed are or were part of the EU multi-level system, and as such, they are subject to the influence of Europeanization. Their secession efforts are influenced by the European framework – including their own EU membership after a possible secession. The three regions, therefore, have different motivations and probabilities for actual secessions. All case studies in this volume are introduced and outlined with theoretical chapters and examined using consistent guiding questions to ensure comparability between the three cases. The analyses are framed by chapters describing other examples of secession processes past and present, and by texts that ask whether federalism or other solutions (so-called 'third ways') could offer a path beyond secession.
Author : N?ria Gonz?lez Campa??
Publisher : Oxford University Press
Page : 420 pages
File Size : 52,6 Mb
Release : 2024-05-23
Category : Law
ISBN : 9780198882619
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 : Manolis Perakis
Publisher : Cambridge Scholars Publishing
Page : 221 pages
File Size : 44,7 Mb
Release : 2019-05-03
Category : Law
ISBN : 9781527534155
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 : Glen M.E. Duerr
Publisher : Lexington Books
Page : 227 pages
File Size : 45,9 Mb
Release : 2015-10-30
Category : Political Science
ISBN : 9780739190852
Secessionist (also called, nationalist, or pro-independence) political parties exist in many countries in the developed world; they raise—and then spend—a lot of money, win votes in elections, and their elected officials serve in seats in local, regional, and national parliaments. Yet, despite all of this effort, there has not been a successful case of secession since 1921 when the Irish Free State effectively seceded from the United Kingdom (UK). Perhaps the biggest issue is that these secessionist political parties have rarely been popular enough to form a government even amongst their core ethnic group. This is further compounded by the fact that secessionist parties have historically been unable to win support from immigrants or people outside their core ethnic and/or linguistic group. Given this context, four central questions are posed in this study including: whether—and also why—any of the secessionist parties have transitioned from ethnic-based to civic-based policy platforms? Why have these secessionist parties not yet achieved independence? And, what role does the European Union (EU) play in facilitating or deterring secession in independence-seeking regions within member states? This study examines three different cases—Flanders in Belgium, Scotland in the UK, and Catalonia in Spain—to investigate how secessionist political parties are approaching the issue of independence. All of the cases are different with respect to history, governmental structure, and economic situation. Yet all of the cases are similar in some ways—they are close to the same size (in terms of population), operate within mature democratic political systems, have distinct secessionist political parties, and all reside within member states of the EU. Categorically, in all cases, there are also shared influences of the ability of the region to secede: institutions, interests, and ideas.
Author : Janel R. Weller
Publisher : Nova Science Publishers
Page : 0 pages
File Size : 49,6 Mb
Release : 2013
Category : Economic developmeng
ISBN : 1629484091
The Treaty on the European Union provides for a Member State to leave the EU, either on the basis of a negotiated withdrawal agreement or without one. This book looks at the implications if the UK were to leave the EU following a referendum.
Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 48,7 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Author : Antonina Bakardjieva Engelbrekt,Karin Leijon,Anna Michalski,Lars Oxelheim
Publisher : Springer Nature
Page : 282 pages
File Size : 55,5 Mb
Release : 2020-01-22
Category : Political Science
ISBN : 9783030350055
This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.
Author : Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 46,6 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509923670
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 : Richard Bellamy,Joseph Lacey,Kalypso Nicolaidis
Publisher : Routledge
Page : 352 pages
File Size : 55,7 Mb
Release : 2018-12-07
Category : Political Science
ISBN : 9781351268547
European Union boundaries have always been unusual. In no other political community is both the prospect of enlargement and the ever-present possibility of withdrawal part of the constitutional framework. We find few other instances where some territories in a political community adopt a common currency while others do not. Examples of thick association agreements, such as we find between the EU and third countries like Switzerland and Norway, are uncommon. Over the last number of years, EU boundaries have been challenged like never before. Brexit poses a fundamental threat to the EU’s territorial integrity and the rights of EU citizens to cross what have been regarded as open borders; the refugee crisis and the increase of terrorism both call into question the EU’s ability to justly and effectively manage its external borders; the rise of populism is a direct challenge to internal free movement as the demand to reassert national borders becomes formidable; while the aftermath of the euro-crisis continues to put Monetary Union in doubt. By distinguishing between three categories of boundary change – boundary-making, boundary-crossing and boundary-unbundling – the authors in this volume attempt to shed light on the sustainability and legitimacy of Europe’s boundaries in question. The chapters originally published as a special issue in the Journal of European Integration.
Author : Ian Kearns
Publisher : Biteback Publishing
Page : 221 pages
File Size : 46,9 Mb
Release : 2018-04-17
Category : Political Science
ISBN : 9781785903892
It is now commonplace to hear people say the EU is embroiled in an existential crisis. Indeed, Brexit may mean the process of EU disintegration has already begun. However, while much political and journalistic attention is centred on describing the EU's woes, far less attention is being paid to what the consequences of such a disintegration might be. From the terrorist and migration crises facing the Continent to the new threat from Russia, and from the euro's unending fragility to the rise of a new, Eurosceptic politics, Ian Kearns tells the story of the biggest crisis to hit Europe since the end of the Second World War. It makes clear just what is at stake. With the EU in a far more fragile state than many realise, Collapse sets out the specific scenarios that could lead to the breakdown of the European Union. It charts the catastrophic economic, political and geopolitical developments likely to follow should such a collapse occur. And it offers bold solutions to challenge those in positions of authority to build a new, reformed union one capable of riding out the storm and of positioning Europe for success in the remainder of the twenty-first century. Drawing on the author's extensive network of senior political, diplomatic, military and business leaders from across the Continent, Collapse tells the story of Europe's super-crisis from within. Both an urgent warning and a passionate call to action, it seeks to defend not just the EU but the seven decades of peace and progress the union represents.
Author : Dimitry Kochenov
Publisher : Cambridge University Press
Page : 869 pages
File Size : 48,5 Mb
Release : 2017-04-13
Category : Law
ISBN : 9781107072701
Leading experts in EU constitutional law examine the foundational importance of citizenship rights in delimiting the scope of EU law.
Author : Sybe de Vries,Henri de Waele,Marie-Pierre Granger
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 45,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788113441
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.
Author : Niklas Bremberg,Richard Gillespie
Publisher : Routledge
Page : 139 pages
File Size : 49,7 Mb
Release : 2022-03-10
Category : Reference
ISBN : 9781000549874
The electoral success of secessionist parties in Catalonia and Scotland over the last decade, together with Brexit and the support for Eurosceptic parties in many EU member states, have prompted a rethink of many taken-for-granted notions about politics in Spain, the UK and the EU. Secessionist parties in Catalonia and Scotland often combine calls for independence with support for the EU, but independence for Catalonia might entail the loss of EU membership. In the UK, Scotland voted for the UK to remain in the EU, yet it was forced to leave the Union along with the rest of the country: what effect has Brexit had on Scottish independence claims? Through comparing Catalonia and Scotland, this short volume aims to contribute to debates on, and advance knowledge of, visions of independence and integration, how they interrelate in Europe’s emergent political order, and what they entail for European integration and democracy in the EU.
Author : Didem Buhari,Christian Kaunert,Seckin Baris Gulmez
Publisher : Taylor & Francis
Page : 166 pages
File Size : 55,7 Mb
Release : 2022-11-28
Category : Political Science
ISBN : 9781000799859
‘How many Europes?’ is a critical question that led to several attempts to analyse European crises and transformations globally. This book builds upon the argument that Europe cannot be reduced to a singular dynamic, identity or vision, but rather provides a four-fold taxonomy: Thin, Thick, Parochial and Global Europe. The book contributors aim to respond to the emerging necessity to incorporate both the parochial dynamics unmaking Europe and the globalist dynamics decentering Europe into the analysis of European crises and transformations in diverse sectors ranging from security and foreign policy to the rule of law and democracy. Accordingly, this book is unpacking Europe in a time of severe crises facing the EU—such as Brexit, the Syrian refugee crisis, Catalan secessionism, the rise of far right, and terrorism—, which have accelerated the resurgence of formerly marginalized and repressed dynamics as influential trends in national, regional and global politics. It reveals an ongoing hegemonic struggle over the representation of Europe among ‘many Europes’ involving two separate integrationist models of regionalization —or ‘Europe-making’— and two distinct dynamics that have sought to fragment and de-centre the European Union through nationalism and globalism respectively. The chapters in this book were originally published as a special issue of European Politics and Society.