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Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 178225482X
Category : Law
Languages : en
Pages : 512
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Book Description
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 178225482X
Category : Law
Languages : en
Pages : 512
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Book Description
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108424120
Category : Law
Languages : en
Pages : 489
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Book Description
Compares national concepts of social justice with the developing European concept of access justice.
Author: Daniel Innerarity
Publisher: Palgrave Macmillan
ISBN: 9783319721965
Category : Political Science
Languages : en
Pages : 0
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Book Description
This book calls for a philosophical consideration of the development, challenges and successes of the European Union. The author argues that conceptual innovation is essential if progress on the European project is to be made; new meanings, rather than financial or institutional engineering solutions, will help solve the crisis. By applying a philosophical approach to diagnosing the EU crisis, the book reconsiders the basic concepts of democracy in the context of the complex reality of the EU and the globalised world where profound social and political changes are taking place. It will be of interest to students and scholars interested in EU politics, political theory and philosophy.
Author: Jürgen Neyer
Publisher: Oxford University Press
ISBN: 0199641242
Category : Law
Languages : en
Pages : 228
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Book Description
The Justification of Europe offers an engaging new interpretation of the European Union, combining normative and positive approaches in an innovative way.
Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 1107022282
Category : Law
Languages : en
Pages : 265
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Book Description
Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
Author: Francesca Bignami
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611
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Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Elspeth Guild
Publisher:
ISBN: 9789461380340
Category : Law
Languages : en
Pages : 0
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Book Description
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.
Author: Maurice Adams
Publisher: Bloomsbury Publishing
ISBN: 1782252304
Category : Law
Languages : en
Pages : 272
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Book Description
After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
Author: Jürgen Neyer
Publisher: OUP Oxford
ISBN: 0199587302
Category : Political Science
Languages : en
Pages : 288
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Book Description
Debate about the theory underpinning the nature, workings, and development of the European (EU) has in many ways been hampered in recent years by an intellectual divergence in the two main ways that the EU is conceptualized. On the one hand is a political science and comparative government oriented strand that sees the EU as a political system in its own right. On the other is the international relations tradition which conceptualizes it as another international organization.Alongside this, the EU itself has developed a significant constitutional dimension. Indeed, the debate surrounding the 'Constitutional Treaty' presented several challenges to our capacity to grasp the normative change of this non-state polity. Despite the eventual contestation of the EU's 'constitutionalturn' through the French and Dutch no-votes and the cumbersome procedure of ratifying the Lisbon Treaty in their aftermath, debates about the EU's constitutional quality have not ceased. In the light of these developments, the editors of this volume, along with their distinguished contributors, have attempted to create a more decisively interdisciplinary theoretical approach to studying the EU within the wider world-political context. The volume brings together scholars in a range ofdisciplines across the social sciences to offer, not a complete theory, but rather a theoretical approach combining different stands of political and legal theory. The book's aim is to inspire further engagement with the central tenets of political authority and world order, sovereignty and constitutionalchange and democracy and justice, in the context of the EU's political development.
