European Constitutionalism Beyond the State

European Constitutionalism Beyond the State PDF Author: J. H. H. Weiler
Publisher: Cambridge University Press
ISBN: 9780521796712
Category : Law
Languages : en
Pages : 256

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Book Description
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

European Constitutionalism Beyond the State

European Constitutionalism Beyond the State PDF Author: J. H. H. Weiler
Publisher: Cambridge University Press
ISBN: 9780521796712
Category : Law
Languages : en
Pages : 256

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Book Description
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Constitutionalizing the European Union

Constitutionalizing the European Union PDF Author: Thomas Christiansen
Publisher: Bloomsbury Publishing
ISBN: 1137102810
Category : Political Science
Languages : en
Pages : 288

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Book Description
Enlargement and treaty reform have moved Europe's constitutional debate into the political spotlight. This important new text outlines the main themes of constitutional debate in the EU, analyzes formal and informal constitution-building since the early days of European integration, and introduces the actors and structures behind treaty change.

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis PDF Author: Sergio Carrera
Publisher: Edward Elgar Publishing
ISBN: 1788972481
Category : Asylum, Right of
Languages : en
Pages : 337

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Book Description
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.

Constitutionalising the Security Union

Constitutionalising the Security Union PDF Author: Sergio Carrera
Publisher: Centre for European Policy Studies
ISBN: 9789461386434
Category : Terrorism
Languages : en
Pages : 160

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Book Description
This book offers a multidisciplinary examination of the critical issues and challenges associated with the EU's initiative to build a Security Union, particularly in relation to common policies adopted at the member state level aimed at countering terrorism and crime. It delves into EU efforts to support cross-border investigations, the exchange of information and international cooperation, taking stock of the effects on freedom and privacy. The various authors in this collective volume offer key research findings, which contributed to the European Commission's 2017 Comprehensive Assessment of EU Security Policy. They identify and explore the main constitutional dilemmas facing the Security Union concerning EU standards enshrined in the Lisbon Treaty and the commitments undertaken in the context of the EU Better Regulation agenda. Hence, this timely examination of EU security policies sheds light on their effectiveness, proportionality, fundamental rights and societal implications.

Constitutionalization of European Private Law

Constitutionalization of European Private Law PDF Author: Hans-W. Micklitz
Publisher: Oxford University Press, USA
ISBN: 0198712103
Category : Law
Languages : en
Pages : 289

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Book Description
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.

The Constitutionalization of the European Union

The Constitutionalization of the European Union PDF Author: Berthold Rittberger
Publisher: Routledge
ISBN: 1317996933
Category : Political Science
Languages : en
Pages : 188

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Book Description
Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.

Global Technology and Legal Theory

Global Technology and Legal Theory PDF Author: Guilherme Cintra Guimarães
Publisher: Routledge
ISBN: 0429594623
Category : Law
Languages : en
Pages : 195

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Book Description
The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States PDF Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478

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Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law PDF Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 1092

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Book Description
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.

Politics of Last Resort

Politics of Last Resort PDF Author: Jonathan White
Publisher:
ISBN: 0198791720
Category : Law
Languages : en
Pages : 240

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Book Description
The book examines how a certain way of governing, invoking exceptional measures for exceptional times, has become central to the workings of the European Union.