Institutional Challenges in Post-Constitutional Europe

Institutional Challenges in Post-Constitutional Europe PDF Author: Catherine Moury
Publisher: Routledge
ISBN: 1134012780
Category : Law
Languages : en
Pages : 161

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Book Description
Brings together leading experts in the field to explore how the European Union’s institutional structure, rules and processes should be shaped, in order to respond to the old and new challenges it is facing.

Institutional Challenges in Post-Constitutional Europe

Institutional Challenges in Post-Constitutional Europe PDF Author: Catherine Moury
Publisher: Routledge
ISBN: 1134012780
Category : Law
Languages : en
Pages : 161

Get Book Here

Book Description
Brings together leading experts in the field to explore how the European Union’s institutional structure, rules and processes should be shaped, in order to respond to the old and new challenges it is facing.

Institutional Challenges in Post-Constitutional Europe

Institutional Challenges in Post-Constitutional Europe PDF Author: Catherine Moury
Publisher: Routledge
ISBN: 1134012772
Category : Political Science
Languages : en
Pages : 312

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Book Description
This book discusses the future of the European Union following the failure of the Constitutional and reform treaties, examining the transformations, dynamics and major issues facing present-day Europe. Discussing key questions relating to the future of the European project, this book brings together leading academics and practitioners, including: Adrienne Héritier, Jan Zielonka, Yves Mény, Maurizio Cotta, Philippe Schmitter, ECJ Advocate General Miguel Maduro and former President of the European Parliament, Pat Cox. These contributors provide provocative and innovative accounts of developments within the European Union, contrasting theoretical reflections with a more professional perspective based on first-hand experience in running European affairs. The contributions focus on three key challenges: enlargement, the end of the permissive consensus and the need for democratization of the European Union, considering questions such as: What does Europe represent to neighbouring countries and how is it addressing their expectations? How could a larger Union be governed efficiently? Are European citizens willing to delegate responsibility to their leaders to tackle European integration? Is it accurate to accuse the European Union of a "democratic deficit"? Institutional Challenges in Post-Constitutional Europe will be of interest to students and scholars of European politics, especially those with an interest in European integration/enlargement, constitutionalism, and democratization.

European Integration After Amsterdam

European Integration After Amsterdam PDF Author: Karlheinz Neunreither
Publisher: Oxford University Press
ISBN: 019829641X
Category : Language Arts & Disciplines
Languages : en
Pages : 399

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Book Description
European integration is at a turning point with implications for all member states and their citizens. The Amsterdam treaty marks a shift towards constitutional issues. Integration has involved a continually evolving process of constitution making. A group of leading scholars argue that theshift towards constitutional issues is rooted not only in the issues on the European level, but also in shifting models of political and economic organisation in the member states. Paradoxically, however, this push towards integration is accompanied by a number of institutional changes and politicaldecisions, which challenge the picture of on-going integration, and indicate a shift towards a new pluralism in the Euro-polity. The contributors address questions such as; what are the likely effects of the Amsterdam treaty changes in comparison with Maastricht?; how will these changes effect thecomplex balance among the governing institutions of the EU?; and what will be the implications for the lingering quest for democracy?

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society PDF Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284

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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Post-Soviet Constitutions and Challenges of Regional Integration

Post-Soviet Constitutions and Challenges of Regional Integration PDF Author: Roman Petrov
Publisher: Routledge
ISBN: 1317326261
Category : Law
Languages : en
Pages : 205

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Book Description
This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

Institutional Design in Post-Communist Societies

Institutional Design in Post-Communist Societies PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521479318
Category : Biography & Autobiography
Languages : en
Pages : 368

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Book Description
The authors of this book have developed a new and stimulating approach to the analysis of the transitions of Bulgaria, the Czech Republic, Hungary, and Slovakia to democracy and a market economy. They integrate interdisciplinary theoretical work with elaborate empirical data on some of the most challenging events of the twentieth century. Three groups of phenomena and their causal interconnection are explored: the material legacies, constraints, habits and cognitive frameworks inherited from the past; the erratic configuration of new actors, and new spaces for action; and a new institutional order under which agency is institutionalized and the sustainability of institutions is achieved. The book studies the interrelations of national identities, economic interests, and political institutions with the transformation process, concentrating on issues of constitution making, democratic infrastructure, the market economy, and social policy.

Economic and Social Integration

Economic and Social Integration PDF Author: Dagmar Schiek
Publisher: Edward Elgar Publishing
ISBN: 1781005176
Category : Business & Economics
Languages : en
Pages : 348

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Book Description
'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.

The Rule of Law after Communism

The Rule of Law after Communism PDF Author: Martin Krygier
Publisher: Routledge
ISBN: 1351540726
Category : Law
Languages : en
Pages : 520

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Book Description
This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.

Law, Democracy and Solidarity in a Post-national Union

Law, Democracy and Solidarity in a Post-national Union PDF Author: Erik Oddvar Eriksen
Publisher: Routledge
ISBN: 1134042809
Category : Political Science
Languages : en
Pages : 423

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Book Description
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.

Opposition in the EU Multi-Level Polity

Opposition in the EU Multi-Level Polity PDF Author: Stefan Thierse
Publisher: Springer Nature
ISBN: 3030471624
Category : Political Science
Languages : en
Pages : 159

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Book Description
This book challenges the conventional wisdom that the European Union (EU) is an example of governance without opposition. Building on a concept of opposition that honors both the institutional features of the EU polity and the fundamental functions of political opposition, it argues that legal mobilization and litigation before constitutional courts provides actors and organizations from civil society with an opportunity to challenge and overturn policy decisions that originate at the EU level. Further, it presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany and Ireland) to illustrate the motivations for, as well as the preconditions and pitfalls of, mobilizing constitutional law. By connecting the literature on social movements, law and politics and comparative government, this book will appeal to readers interested in political science, sociology and legal studies.