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Author: Tamara Perišin
Publisher: Bloomsbury Publishing
ISBN: 1509907270
Category : Law
Languages : en
Pages : 357
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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.
Author: Tamara Perišin
Publisher: Bloomsbury Publishing
ISBN: 1509907270
Category : Law
Languages : en
Pages : 357
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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.
Author: Siniša Rodin
Publisher:
ISBN: 9781509907281
Category : LAW
Languages : en
Pages : 248
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Book Description
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola
Author: Michael A. Wilkinson
Publisher: Oxford University Press
ISBN: 0198854757
Category : Law
Languages : en
Pages : 353
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Book Description
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
ISBN: 1107157943
Category : Law
Languages : en
Pages : 383
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Book Description
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
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.
Author: Chris Rumford
Publisher: John Wiley & Sons
ISBN: 0470752106
Category : Social Science
Languages : en
Pages : 320
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Book Description
The European Union is the first full-length treatment of European integration from a sociological perspective. It redirects the core concerns of political sociology away from nationally bounded societies towards a "sociology beyond societies," capable of making a valuable contribution to thinking about the nature and problems of the European Union. Within this broad objective the book concerns itself with such key issues as the relation between the EU and globalization, the nature of the EU state, and the question of whether a European society can be said to exist. Students, scholars, and sociologists interested in the history, development, and legacies of the European Union will find this to be a unique and informative text.
Author: Vassilis Fouskas
Publisher: Routledge
ISBN: 0429836686
Category : Political Science
Languages : en
Pages : 249
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Book Description
Published in 1998. Was the Italian Communist Party (PCI) a typical Social Democratic party in tune with the programmatic principles of the Second International? What is the appropriate context within which the strategies of 'historic compromise' and Eurocommunism in the 1970s can be analyzed and understood? In what form and to what extent has the process of European integration and the crisis of Keynesianism contributed to the transformation of the party in 1989-91? What caused the collapse of the ruling political class of the First Italian Republic? Why did the transformed PCI, the PDS (Democratic Party of the Left), fail to lead the transition to the Second Italian Republic between 1992 and 1996? Is there any link between the party’s historical factions and the current divisions in the Italian Left? Is it possible to theorize and speculate upon these divisions? Italy, Europe, the Left seeks to answer these questions, debating conventional views and examining the extent to which the end of the Cold War has contributed to a redefinition of the Left’s identity in Italy and Europe. The exemplary methodological framework and the wider European perspective adopted throughout, make the book an indispensable reading in the field of Italian and European politics.
Author: Marta Cantero Gamito
Publisher: Edward Elgar Publishing
ISBN: 1788118413
Category : Law
Languages : en
Pages : 352
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Book Description
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
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.
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.
