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Author: Elke Cloots
Publisher:
Published: 2015
Total Pages: 401
ISBN-13: 0198733763
DOWNLOAD EBOOKWith a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Author: Christian Calliess
Publisher: Cambridge University Press
Published: 2020
Total Pages: 393
ISBN-13: 1108480438
DOWNLOAD EBOOKPresents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Author: Alejandro Saiz Arnaiz (jurist)
Publisher:
Published: 2013
Total Pages: 0
ISBN-13: 9781780681603
DOWNLOAD EBOOKOver the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
Author: Elke Cloots
Publisher: OUP Oxford
Published: 2015-02-12
Total Pages: 651
ISBN-13: 0191053503
DOWNLOAD EBOOKDespite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
Author: Boško Tripković
Publisher: Oxford University Press
Published: 2017
Total Pages: 273
ISBN-13: 0198808089
DOWNLOAD EBOOKFood, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.
Author: Dieter Fuchs
Publisher: Edward Elgar Publishing
Published: 2011-09-30
Total Pages: 281
ISBN-13: 0857938088
DOWNLOAD EBOOKAs a consequence of various rounds of EU enlargements, the degree of cultural diversity in Europe has intensified a phenomenon which is increasingly perceived as problematic by many EU citizens. This fascinating book not only empirically explores the current state of the identity and the legitimacy of the EU as viewed by its citizens, but also evaluates their attitudes towards it. The expert contributors show that the development of a European identity and a common European culture is a prerequisite for European integration; that European identity and a common political culture will not develop rapidly but emerge slowly, and that the beginnings of a European identity and a common European culture are currently emerging. The roles of civil society organizations and political parties are examined within this context, and an explanatory model with subjective predictors of the attitudes towards the EU is tested. The empirical analysis is underpinned by a theoretical framework incorporating operational definitions and conceptual discussion of legitimacy and identity. This intriguing and thought-provoking book will be of great interest to academics, researchers and students focusing on political science and international relations.
Author: Anneli Albi
Publisher: Springer
Published: 2019-05-29
Total Pages: 1522
ISBN-13: 9462652732
DOWNLOAD EBOOKThis two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author:
Publisher: BRILL
Published: 2021-05-17
Total Pages: 294
ISBN-13: 9004436103
DOWNLOAD EBOOKThe articulation of collective identity by means of a stereotyped repertoire of exclusionary characterizations of Self and Other is one of the longest-standing literary traditions in Europe and as such has become part of a global modernity. Recently, this discourse of Othering and national stereotyping has gained fresh political virulence as a result of the rise of “Identity Politics”. What is more, this newly politicized self/other discourse has affected Europe itself as that continent has been weathering a series of economic and political crises in recent years. The present volume traces the conjunction between cultural and literary traditions and contemporary ideologies during the crisis of European multilateralism. Contributors: Aelita Ambrulevičiūtė, Jürgen Barkhoff, Stefan Berger, Zrinka Blažević, Daniel Carey, Ana María Fraile, Wulf Kansteiner, Joep Leerssen, Hercules Millas, Zenonas Norkus, Aidan O’Malley, Raúl Sánchez Prieto, Karel Šima, Luc Van Doorslaer,Ruth Wodak
Author: Marco Siddi
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781785522796
DOWNLOAD EBOOKThe book examines the relationship between national identity and foreign policy discourses on Russia in Germany, Poland and Finland in the years 2005-2015. The case studies focus on the Nord Stream pipeline controversy, the 2008 Russian-Georgian war, the post-electoral protests in Russian cities in 2011-2012 and the Ukraine crisis. The book argues that divergent foreign policy narratives of Russia are rooted in different national identity constructions. Most significantly, the Ukraine crisis and the Nord Stream controversy have exposed how deep-rooted and different perceptions of the Russian Other in EU member states are still influential and lead to conflicting national agendas for foreign policy towards Russia.
Author: Paul Craig
Publisher: Oxford University Press, USA
Published: 2020-07-21
Total Pages: 1391
ISBN-13: 0198859848
DOWNLOAD EBOOKRespected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. This UK version also includes sections showing how principles apply or don't apply to the UK post-Brexit.
