Mandating Identity

Author: Enikö Horváth
Publisher: Kluwer Law International
ISBN: 9041126627
Size: 58.32 MB
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Based on the author's thesis (doctoral)--European University Institute, 2006.

The European Union Legal Order After Lisbon

Author: Patrick Birkinshaw
Publisher: Kluwer Law International
ISBN: 9041131523
Size: 36.74 MB
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In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

The Eclipse Of The Legality Principle In The European Union

Author: Sacha Prechal
Publisher: Kluwer Law International
ISBN: 9041132627
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Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

Eu Law Of The Overseas

Author: Dimitry Kochenov
Publisher: Kluwer Law International
ISBN: 904113445X
Size: 20.62 MB
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Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

European Citizenship In The Process Of Construction

Author: Ditta Dolejšiová
Publisher: Council of Europe
ISBN: 9789287164780
Size: 36.78 MB
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European citizenship is still a contested concept, bringing together two notions and therefore two different debates: one around Europe and European identity, And The other related to citizenship and non-citizenship. Europe, In an ongoing process of construction, should be shaped and defined by its citizens. Young people in particular have a special interest in and concern about what kind of Europe they want to live in. it is therefore important to reflect on how European citizenship and debates around European identity could help and empower young people to actively contribute to building Europe. The essays collected here address this issue. They present the debates and findings of the research seminar entitled "Young People and Active European Citizenship" organised by the Youth Partnership between the Council of Europe And The European Commission. European citizenship remains one of the main priorities of this partnership.

Citizenship In The Arab World

Author: Gianluca Paolo Parolin
Publisher: Amsterdam University Press
ISBN: 9089640452
Size: 41.37 MB
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Subject: The book is the fruit of five years of on-site research on citizenship in the Arab world. It takes a broader legal perspective to the multifaceted reality of nationality and citizenship. The methodology employed builds on the interdisciplinary approach of comparative legal studies, and brings in theories, concepts and insights from anthropology, political science, Arab and Islamic studies, linguistics and sociology. The work relies on a broad range of Western and Arab references, and all sources and documents were directly accessed in their original languages; this is particularly relevant for Arab legislation (all in-text reference has been translated by the author, and the original has been inserted using scientific transliteration). -- Website OAPEN Library.

Identity In Crossroad Civilisations

Author: Erich Kolig
Publisher: Amsterdam University Press
ISBN: 9089641270
Size: 63.35 MB
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Deze bundel gaat over de vorming van identiteit door het samenspel van etniciteit, nationalisme en de effecten van globalisering. De essays in Crossroad Civilisations: Ethnicity, Nationalism and Globalism in Asia maken de gelaagdheid en de complexiteit hiervan duidelijk.

Migration In A Globalised World

Author: Cédric Audebert
Publisher: Amsterdam University Press
ISBN: 9089641572
Size: 74.92 MB
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This broad thematic study offers a major new research perspective on international migration in the context of globalisation.