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Author: Frederik Behre
Publisher: Kluwer Law International B.V.
ISBN: 9403541261
Category : Law
Languages : en
Pages : 527
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Book Description
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Author: Frederik Behre
Publisher: Kluwer Law International B.V.
ISBN: 9403541261
Category : Law
Languages : en
Pages : 527
Get Book Here
Book Description
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Author: Berdien B. E. van der Donk
Publisher: Kluwer Law International B.V.
ISBN: 9403528680
Category : Political Science
Languages : en
Pages : 389
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Book Description
Online content moderation is a well-known phenomenon. However, no consistent pattern exists on how it is done or how it is legally dealt with. This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues. The roadmap’s elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise legal approaches to social media access and moderation. The ‘layers’ of the roadmap focus on such central issues as the following: the legal basis for social media platforms to impose restrictions; platform operators’ right to shape access, including limitations to the platform’s right to exclude users; the validity and enforceability of terms of service; and users’ and platforms’ remedies for breaches of the terms of service, including the procedural obligations in the Digital Services Act. Unlike previous work on the topic, this book does not focus on one field of law but touches upon and combines European law, constitutional and fundamental rights law, competition law, equality law, property law, and contract law, all reflected on and assessed through both a European and a national lens. By addressing these multifaceted legal aspects, it offers a holistic approach to resolving content moderation challenges and demonstrates which problems are most effectively addressed by which fields of law. The book’s roadmap can be used within the European Union to address and/or resolve any access and moderation problems on social media platforms. It will serve as a valuable resource for judges, social media platforms, and dispute resolution bodies, providing practical insights and guidance in navigating this complex landscape and streamlining decision-making processes. It will prove of immeasurable value in fostering a balanced and fair approach to content moderation in the EU that will ensure that all European users have equal opportunities for redress.
Author: Frank Michelman
Publisher: Oxford University Press
ISBN: 019266722X
Category : Law
Languages : en
Pages : 209
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Book Description
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Author: Evdoxios Doxiadis
Publisher: Bloomsbury Publishing
ISBN: 147426347X
Category : History
Languages : en
Pages : 272
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Book Description
By looking at the very specific case of the Greek-speaking Romaniote and the Ladino-speaking Sephardic communities in Southern Greece, Epirus and Macedonia, this book explores the attitudes and policies of the Greek state with regards to the Jewish communities both within its borders and in the areas of the Ottoman Empire it craved. Evdoxios Doxiadis traces the evolution of these policies from the time of Greek independence to the expansion of the Greek state in the early-20th century, telling us a great deal about the Jewish experience and the changing face of modern Greek nationalism in the process. Based on the evidence of numerous Greek consular reports, speeches, memoirs, political interviews and coverage of the status and treatment of the communities by the international Jewish press, State, Nationalism, and the Jewish Communities of Modern Greece sketches a detailed picture of the Greek political elite and the state's bureaucratic view of the various Jewish communities. By focusing on the state, though not ignoring popular attitudes, the book successfully argues that the Greek state followed policies that did not conform, and often were in opposition to, popular attitudes when it came to minorities and the Jews in particular. By focusing on the Jewish communities in modern Greece separately the book allows us to recognize how Greek governments recognized and used divisions and conflicts between the communities, and other minorities, to achieve their goals. As a result Greek state policies can be seen in a new light, providing a more comprehensive understanding of the relationship between the Jewish people and the Greek state. Using this case study, Doxiadis then discusses broader questions of state, nationalism and minorities in a volume of significant interest for students and scholars of modern Greek or modern Jewish history alike.
Author: Alexandru V. Grigorescu
Publisher: Cambridge University Press
ISBN: 1009516973
Category : Political Science
Languages : en
Pages : 151
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Book Description
This Element applies a new version of liberalism to international relations (IR), one that derives from the political theory of John Locke. It begins with a survey of liberal IR theories, showing that the main variants of this approach have all glossed over classical liberalism's core concern: fear of the state's concentrated power and the imperative of establishing institutions to restrain its inevitable abuse. The authors tease out from Locke's work its 'realist' elements: his emphasis on politics, power, and restraints on power (the 'Lockean tripod'). They then show how this Lockean approach (1) complements existing liberal approaches and answers some of the existing critiques directed toward them, (2) offers a broader analytical framework for several very different strands of IR literature, and (3) has broad theoretical and practical implications for international relations.
Author: International Labour Office
Publisher:
ISBN:
Category : Labor laws and legislation, International
Languages : en
Pages : 822
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 532
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Author: Kent A. Price
Publisher: Routledge
ISBN: 113599806X
Category : Law
Languages : en
Pages : 165
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Book Description
First Published in 2011. This is Volume 9 of fourteen in a set of titles on Policy and Governance. Resources for the Future is a non- profit organization for research and education in the development, conservation, and use of natural resources, including the quality of the environment. The issues of conservation, the environment, and energy have enormous implications not only in terms of those issues specifically, but also for regional conflict in the United States. If we are to have any kind of resolution of these issues, there must be a sense of equity, that everyone is sacrificing equally. If there is a perception of inequity, then all of the ingredients are there for social unrest. This volume explores this issue.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 702
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Author:
Publisher:
ISBN:
Category : Labor laws and legislation, International
Languages : en
Pages : 738
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