At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Starting from the premise that the system of independent, sovereign, territorial states, which was the subject of political science and international relations studies in the twentieth century, has entered a transition toward something new, noted political scientist Leslie F. Goldstein examines the development of the European Union by blending comparative and historical institutionalist approaches. She argues that the most useful framework for understanding the kinds of "supra-state" formations that are increasingly apparent in the beginning of the third millennium is comparative analysis of the formative epochs of federations of the past that formed voluntarily from previously independent states. In Constituting Federal Sovereignty: The European Union in Comparative Context Goldstein identifies three significant predecessors to today's European Union: the Dutch Union of the 17th century, the United States of America from the 1787 Constitution to the Civil War, and the first half-century of the modern Swiss federation, beginning in 1848. She examines the processes by which federalization took place, what made for its success, and what contributed to its problems. She explains why resistance to federal authority, although similar in kind, varied significantly in degree in the cases examined. And she explores the crucial roles played by such factors as sovereignty-honoring elements within the institutional structure of the federation, the circumstances of its formation (revolt against distant empire versus aftermath of war among member states), and notably, the internal culture of respect for the rule of law in the member states. -- Stephen M. Griffin, Tulane Law School
The aim of this publication is an analysis of the process of European constitutionalisation and its entanglement with relevant national discourses. Thus, national constitutional traditions in Austria, France, Germany and the United Kingdom are evaluated with regard to the positions of the respective national representatives in the European Convention. Interviews with Members of National Parliaments and of the European Parliament as well as a content analysis of the debate on the future of Europe in print media form the empirical basis of this study.
This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavour of how the Charter might seep in to the process of substantive law making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.
With "verve and panache," this magisterial history of Europe since 1453 shows how struggles over the heart of the continent have shaped the world we live in today (The Economist). Whoever controls the core of Europe controls the entire continent, and whoever controls Europe can dominate the world. Over the past five centuries, a rotating cast of kings, conquerors, presidents, and dictators have set their sights on the European heartland, desperate to seize this pivotal area or at least prevent it from falling into the wrong hands. From Charles V and Napoleon to Bismarck and Cromwell, from Hitler and Stalin to Roosevelt and Gorbachev, nearly all the key power players of modern history have staked their titanic visions on this vital swath of land. In Europe, prizewinning historian Brendan Simms presents an authoritative account of the past half-millennium of European history, demonstrating how the battle for mastery of the continent's center has shaped the modern world. A bold and compelling work by a renowned scholar, Europe integrates religion, politics, military strategy, and international relations to show how history -- and Western civilization itself -- was forged in the crucible of Europe.
This book provides a major empirical analysis of differing attitudes to European integration in three of Europe's most important countries: Germany, Spain, and the United Kingdom. From its beginnings, the European Union has resounded with debate over whether to move toward a federal or intergovernmental system. However, Juan Díez Medrano argues that empirical analyses of support for integration--by specialists in international relations, comparative politics, and survey research--have failed to explain why some countries lean toward federalism whereas others lean toward intergovernmentalism. By applying frame analysis to a unique set of primary sources (in-depth interviews, newspaper articles, novels, history texts, political speeches, and survey data), Díez Medrano demonstrates the role of major historical events in transforming national cultures and thus creating new opportunities for political transformation. Clearly written and rigorously argued, Framing Europe explains differences in support for European integration between the three countries studied in light of the degree to which each realized its particular "supranational project" outside Western Europe. Only the United Kingdom succeeded in consolidating an empire and retaining it after World War II, while Germany and Spain each abandoned their corresponding aspirations. These differences meant that these countries' populations developed different degrees of identification as Europeans and, partly in consequence, different degrees of support for the building of a federal Europe.
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
