Author: Anneliese Baldaccini
Publisher: Bloomsbury Publishing
ISBN: 1847313663
Category : Law
Languages : en
Pages : 582
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Book Description
This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?
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: Maria Fletcher
Publisher: Routledge
ISBN: 1317573226
Category : Law
Languages : en
Pages : 583
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Book Description
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Author: Jamie Swift
Publisher: Between the Lines
ISBN: 1771135484
Category : Political Science
Languages : en
Pages : 160
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Book Description
Inequality is up. Decent work is down. Free market fundamentalism has been exposed as a tragic failure. In a job market upended by COVID-19—with Canadians caught in the grip of precarious labour, stagnant wages, a climate crisis, and the steady creep of automation—an ever-louder chorus of voices calls for a liveable and obligation-free basic income. Could a basic income guarantee be the way forward to democratize security and intervene where the market economy and social programs fail? Jamie Swift and Elaine Power scrutinize the politics and the potential behind a radical proposal in a post-pandemic world: that wealth should be built by a society, not individuals. And that we all have an unconditional right to a fair share. In these pages, Swift and Power bring to the forefront the deeply personal stories of Canadians who participated in the 2017–2019 Ontario Basic Income Pilot; examine the essential literature and history behind the movement; and answer basic income’s critics from both the right and left.
Author: Conor Gearty
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
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Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Author: Ermioni Xanthopoulou
Publisher: Bloomsbury Publishing
ISBN: 1509922261
Category : Law
Languages : en
Pages : 249
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Book Description
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
Author: George Lakoff
Publisher: Macmillan + ORM
ISBN: 142998970X
Category : Political Science
Languages : en
Pages : 292
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Book Description
Since September 11, 2001, the Bush administration has relentlessly invoked the word "freedom." The United States can strike preemptively because "freedom is on the march." Social security should be privatized in order to protect individual freedoms. In the 2005 presidential inaugural speech, the words "freedom," "free," and "liberty" were used forty-nine times. "Freedom" is one of the most contested words in American political discourse, the keystone to the domestic and foreign policy battles that are racking this polarized nation. For many Democrats, it seems that President Bush's use of the word is meaningless and contradictory—deployed opportunistically to justify American military action abroad and the curtailing of civil liberties at home. But in Whose Freedom?, George Lakoff, an adviser to the Democratic party, shows that in fact the right has effected a devastatingly coherent and ideological redefinition of freedom. The conservative revolution has remade freedom in its own image and deployed it as a central weapon on the front lines of everything from the war on terror to the battles over religion in the classroom and abortion. In a deep and alarming analysis, Lakoff explains the mechanisms behind this hijacking of our most cherished political idea—and shows how progressives have not only failed to counter the right-wing attack on freedom but have failed to recognize its nature. Whose Freedom? argues forcefully what progressives must do to take back ground in this high-stakes war over the most central idea in American life.
Author: Helen J. Knowles-Gardner
Publisher: Rowman & Littlefield
ISBN: 1538124165
Category : Law
Languages : en
Pages : 367
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Book Description
At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on the Rehnquist Court is only expected to grow in importance now that he is the lone 'swing Justice' on the Roberts Court. The Ties Goes to Freedom is the first book-length analysis of Kennedy, and it challenges the conventional wisdom that his jurisprudence is inconsistent and incoherent. Using the hot-button issues of privacy rights, race, and free speech, this book demonstrates how Kennedy forcefully articulates a libertarian constitutional vision. The Tie Goes to Freedom fills two significant voids—one examining the jurisprudence of the man at the ideological center of the Supreme Court, the other demonstrating the compatibility of an expansive judicial role with libertarian political theory. At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
Author: Ariadna Ripoll Servent
Publisher: Routledge
ISBN: 1317292561
Category : Political Science
Languages : en
Pages : 921
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Book Description
Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.
Author: American Library Association
Publisher:
ISBN:
Category : Libraries
Languages : en
Pages : 16
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Book Description
