The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe PDF Author: Tamara Perišin
Publisher: Bloomsbury Publishing
ISBN: 1509907262
Category : Law
Languages : en
Pages : 257

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Book Description
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe PDF Author: Tamara Perišin
Publisher: Bloomsbury Publishing
ISBN: 1509907262
Category : Law
Languages : en
Pages : 257

Get Book Here

Book Description
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe PDF Author: Michael A. Wilkinson
Publisher: Oxford University Press
ISBN: 0198854757
Category : Law
Languages : en
Pages : 353

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Book Description
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject. But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.

Revival After the Great War

Revival After the Great War PDF Author: Luc Verpoest
Publisher: Leuven University Press
ISBN: 9462702500
Category : Architecture
Languages : en
Pages : 354

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Book Description
The challenges of post-war recovery from social and political reform to architectural design In the months and years immediately following the First World War, the many (European) countries that had formed its battleground were confronted with daunting challenges. These challenges varied according to the countries' earlier role and degree of involvement in the war but were without exception enormous. The contributors to this book analyse how this was not only a matter of rebuilding ravaged cities and destroyed infrastructure, but also of repairing people’s damaged bodies and upended daily lives, and rethinking and reforming societal, economic and political structures. These processes took place against the backdrop of mass mourning and remembrance, political violence and economic crisis. At the same time, the post-war tabula rasa offered many opportunities for innovation in various areas of society, from social and political reform to architectural design. The wide scope of post-war recovery and revival is reflected in the different sections of this book: rebuild, remember, repair, and reform. It offers insights into post-war revival in Western European countries such as Belgium, France, the United Kingdom, Germany, Portugal, Spain, and Italy, as well as into how their efforts were perceived outside of Europe, for instance in Argentina and the United States.

Utopia as Method

Utopia as Method PDF Author: R. Levitas
Publisher: Springer
ISBN: 1137314257
Category : Political Science
Languages : en
Pages : 443

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Book Description
Utopia should be understood as a method rather than a goal. This book rehabilitates utopia as a repressed dimension of the sociological and in the process produces the Imaginary Reconstitution of Society, a provisional, reflexive and dialogic method for exploring alternative possible futures.

The Global Transformation

The Global Transformation PDF Author: Barry Buzan
Publisher: Cambridge University Press
ISBN: 1107035570
Category : History
Languages : en
Pages : 427

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Book Description
This book shows how the political, economic, military and cultural revolutions of the nineteenth century shaped modern international relations.

Introduction to European Union internal market law

Introduction to European Union internal market law PDF Author: Raffaele Torino
Publisher: Roma TrE-Press
ISBN: 8894885518
Category : Law
Languages : it
Pages : 173

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Book Description
Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).

Civil Courts and the European Polity

Civil Courts and the European Polity PDF Author: Chantal Mak
Publisher: Bloomsbury Publishing
ISBN: 1509941681
Category : Law
Languages : en
Pages : 291

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Book Description
The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

The Capitalist Transformation of State Socialism

The Capitalist Transformation of State Socialism PDF Author: David Lane
Publisher: Routledge
ISBN: 1135008817
Category : Social Science
Languages : en
Pages : 399

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Book Description
David Lane outlines succinctly yet comprehensively the development and transformation of state socialism. While focussing on Russia and the countries of Eastern Europe, he also engages in a discussion of the Chinese path. In response to the changing social structure and external demands, he outlines different scenarios of reform. He contends that European state socialism did not collapse but was consciously dismantled. He brings out the West’s decisive support of the reform process and Gorbachev’s significant role in tipping the balance of political forces in favour of an emergent ascendant class. In the post-socialist period, he details developments in the economy and politics. He distinguishes different political and economic trajectories of countries of the former USSR, the New Member States of the European Union, and China; and he notes the attempts to promote further change through ‘coloured’ revolutions. The book provides a detailed account not only of the unequal impact of transformation on social inequality which has given rise to a privileged business and political class, but also how far the changes have fulfilled the promise of democracy promotion, wealth creation and human development. Finally, in the context of globalisation, the author considers possible future political and economic developments for Russia and China. Throughout the author, a leading expert in the field, brings to bear his deep knowledge of socialist countries, draws on his research on the former Soviet Union, and visits to nearly all the former state socialist countries, including China.

Selecting Europe's Judges

Selecting Europe's Judges PDF Author: Michal Bobek
Publisher: OUP Oxford
ISBN: 0191043621
Category : Law
Languages : en
Pages : 576

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Book Description
The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

European Migration Law

European Migration Law PDF Author: Daniel Thym
Publisher: Oxford University Press
ISBN: 0192646729
Category : Law
Languages : en
Pages : 721

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Book Description
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.