Judicial Activism at the European Court of Justice

Judicial Activism at the European Court of Justice PDF Author: Bruno de Witte
Publisher: Edward Elgar Publishing
ISBN: 0857939408
Category : Law
Languages : en
Pages : 305

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Book Description
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

The European Court and Civil Society

The European Court and Civil Society PDF Author: Rachel A. Cichowski
Publisher: Cambridge University Press
ISBN: 1139462350
Category : Political Science
Languages : en
Pages : 260

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Book Description
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

Markets and Civil Society

Markets and Civil Society PDF Author: Victor Pérez-Díaz
Publisher: Berghahn Books
ISBN: 1845459377
Category : History
Languages : en
Pages : 279

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Book Description
The nature of the currently emerging European society, which includes the economic and social transformation of Eastern and Central European countries, has been hotly debated. At its center is the relationship between markets and civil society within political and social contexts. The contributors to this volume offer perspectives from various disciplines (the social sciences, conceptual history, law, economics) and from several European countries in order to explore the ways in which markets influence various forms of civil society, such as individual freedom, social cohesion, economic effectiveness and democratic governance, and influence the construction of a civil society in a broader sense.

Civil Society in Europe

Civil Society in Europe PDF Author: Tymen J. van der Ploeg
Publisher: Cambridge University Press
ISBN: 1108161731
Category : Law
Languages : en
Pages : 605

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Book Description
The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next, civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.

The European Court of Human Rights Between Law and Politics

The European Court of Human Rights Between Law and Politics PDF Author: Jonas Christoffersen
Publisher: Oxford University Press
ISBN: 0199694494
Category : Law
Languages : en
Pages : 255

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Book Description
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.

A Legal Analysis of NGOs and European Civil Society

A Legal Analysis of NGOs and European Civil Society PDF Author: Piotr Staszczyk
Publisher: Kluwer Law International
ISBN: 9789403512518
Category : Civil society
Languages : en
Pages : 0

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Book Description
"This book is the first attempt to present the significance of nongovernmental organizations (NGOs) in the light of the postulate of democratization of the European Union's internal procedures and of strengthening the European identity by structuring cooperation of civil society representatives across national borders. Amid widespread awareness and discussion of 'the democratic deficit' and 'shrinking civil space,' the role of NGOs becomes increasingly important. Yet the precise legal status of such bodies is ill-defined. This book presents a thorough commentary and analysis of the position of NGOs and European civil society in the EU constitutional system, bringing to the fore existing and desirable means of public participation in EU lawmaking"--

The Impact of Populism on European Institutions and Civil Society

The Impact of Populism on European Institutions and Civil Society PDF Author: Carlo Ruzza
Publisher: Springer Nature
ISBN: 3030734110
Category : Political Science
Languages : en
Pages : 286

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Book Description
What is the impact of populism on the EU? How did the EU institutions and civil society react to the recent rise of populist parties? To answer such relevant questions and understand populism in terms of ideas, political outcomes, and social dynamics, academia needs to engage with institutional actors, civil society organizations, and policy makers. By bringing together academics, members of European institutions and agencies, and leaders of civil society organizations, this edited volume bridges the gap between research and practice. It explores how populism impacted on European institutions and civil society and investigates their reactions and strategies to overcome the challenges posed by populists. This collection is organized into three main sections, i.e., general European governance; European Parliament and Commission; European organized civil society. Overall, the volume unveils how the populist threat was perceived within the EU institutions and NGOs and discusses the strategies they devised to react and how these were implemented in institutional and public communication.

The European Civil Code

The European Civil Code PDF Author: Hugh Collins
Publisher: Cambridge University Press
ISBN: 9780521713375
Category : Law
Languages : en
Pages : 0

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Book Description
Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functional political institutions at a European level. These principled foundations for a more inclusive and less balkanised civil society in Europe also provide elements of a required European social model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressures of market forces in an increasingly global economic system.

De-Mystification of Participatory Democracy

De-Mystification of Participatory Democracy PDF Author: Beate Kohler-Koch
Publisher:
ISBN: 0199674590
Category : Political Science
Languages : en
Pages : 233

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Book Description
This book tackles the issue of civil society's democratic input to EU governance. It looks at how participatory democracy, laid down in the Lisbon Treaty and advocated by the Commission, is put into practice and whether the involvement of civil society lives up to the high expectation of upgrading the Union's democratic legitimacy.

Civil Society, Conflicts and the Politicization of Human Rights

Civil Society, Conflicts and the Politicization of Human Rights PDF Author: Raffaele Marchetti
Publisher: UN
ISBN:
Category : Business & Economics
Languages : en
Pages : 284

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Book Description
This publication explores violence, conflict and peace. It focuses on the non-governmental component in ethno-policitcal conflicts. Civil society actors, or "conflict society organizations" (CoSOs), are increasingly central in view of the complexity of contemporary ethno-political conflicts. CoSOs are key players in ethno-political conflicts, both as violators and as promoters of human rights. Nevertheless, the precise relationships underpinning the human rights-civil society-conflict nexus have not been fully examined. This volume analyses the impact of civil society on ethno-political conflicts through their human rights-related activities, and identifies the means to strengthen the complementarity between civil society and international governmental actors in promoting peace. These aims are addressed in case studies on Bosnia-Herzegovina, Cyprus, Turkey's Kurdish question, and Israel-Palestine.