Paradoxes of European Legal Integration
Paradoxes of European Legal Integration

Author: Anne Lise Kjær

Publisher: Routledge

Published: 2016-12-05

Total Pages: 558

ISBN-13: 1351912887

DOWNLOAD EBOOK

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.

European Legal Method
European Legal Method

Author: Ulla Boegh Neergaard

Publisher: Djoef Publishing

Published: 2011

Total Pages: 0

ISBN-13: 9788757423778

DOWNLOAD EBOOK

This book examines the extent to which it is possible to identify a coherent legal method (a doctrine of the sources of law and their interpretation) that may be applied when analyzing EU law and the law of EU Member States. European Legal Method: Paradoxes and Revitalisation looks at what characterizes the sources of law and the interpretation methods that are actually used by European legal actors, especially judges and researchers. It examines the changes in the relative importance of various sources of law that occur in connection with the integration of EU law into national law.

Paradoxes of Integration: Female Migrants in Europe
Paradoxes of Integration: Female Migrants in Europe

Author: Floya Anthias

Publisher: Springer Science & Business Media

Published: 2012-11-02

Total Pages: 207

ISBN-13: 9400748426

DOWNLOAD EBOOK

This timely and innovative book analyses the lives of new female migrants in the EU with a focus on the labour market, domestic work, care work and prostitution in particular. It provides a comparative analysis embracing eleven European countries from Northern (UK, Germany, Sweden, France), Southern (Portugal, Spain, Italy, Greece, Cyprus) and Eastern Europe (Poland, Slovenia), i.e. old and new immigration countries as well as old and new market economies. It maps labour market trends, welfare policies, migration laws, patterns of employment, and the working and social conditions of female migrants in different sectors of the labour market, formal and informal. It is particularly concerned with the strategies women use to counter the disadvantages they face. It analyses the ways in which gender hierarchies are intertwined with other social relations of power, providing a gendered and intersectional perspective, drawing on the biographies of migrant women. The book highlights policy relevant issues and tries to uncover some of the contradictory assumptions relating to integration which it treats as a highly normative and problematic concept. It reframes integration in terms of greater equalisation and democratisation (entailed in the parameters of access, participation and belonging), pointing to its transnational and intersectional dimensions.

Paradoxes of European Foreign Policy
Paradoxes of European Foreign Policy

Author: Jan Zielonka

Publisher: Martinus Nijhoff Publishers

Published: 1998-05-26

Total Pages: 192

ISBN-13: 9789041105714

DOWNLOAD EBOOK

Addresses paradoxes in the EU's foreign policy, and asks questions such as: how can the European Union's "power of attraction", combined with its operational weakness, be explained?; and can the EU remain a "civilian power" when coping with an "uncivilized" world?

The Role of Law in European Integration
The Role of Law in European Integration

Author: Thomas M. J. Möllers

Publisher: Nova Biomedical Books

Published: 2003

Total Pages: 0

ISBN-13: 9781590336588

DOWNLOAD EBOOK

It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.

Challenging the Paradoxes of Integration Policies
Challenging the Paradoxes of Integration Policies

Author: Fabiola Pardo

Publisher: Springer

Published: 2018-08-18

Total Pages: 0

ISBN-13: 9783319877181

DOWNLOAD EBOOK

This book traces Latin American migration to Europe since the 1970s. Focusing on Amsterdam, London, and Madrid, it examines the policies of integration in a comparative perspective that takes into account transnational, national, regional and local levels. It examines the entire mechanism that Latin American migrants confront in the European cities they settle, and provides readers with a theoretical framework on integration that addresses the concepts of multiculturalism, interculturality, transculturality and transnationalism. This work is based on rich qualitative data from in-depth interviews, focus groups and participant observation complemented by a substantial documentary and legislative analysis. It reveals that current policies are limited and migrants are excluded in most of the formal venues for integration. In addition, the book shows the many ways that migrants negotiate the constraints and imperatives of integration. In Western Europe today, immigrants are largely assuming the entire responsibility of their integration. This book provides readers with much needed insight into why European integration policies are not responding to the needs of immigrants nor to society as a whole.

European Copyright Inside Or Outside the European Union
European Copyright Inside Or Outside the European Union

Author: Andreas Rahmatian

Publisher:

Published: 2018

Total Pages: 30

ISBN-13:

DOWNLOAD EBOOK

The agenda of the EU includes the harmonisation or unification of laws of its Member States for promoting the common market, improving free movement of goods, free movement of capital, free movement of services, and free movement of people. This also applies to copyright law. However, harmonisation or unification of laws through legislation or CJEU decisions does not necessarily further European integration. In the light of recent political and social events, a movement towards further harmonisation, also in copyright law, could even be detrimental to the European cause. This article argues that the more one pursues integration, harmonisation and unification of national laws across Europe, the more one may endanger the fabric and framework of a union of European states. Further legal unification prompts a tendency of the EU Member States to move away from one another. Increased unity causes further diversity, and a certain level of diversity effects unity. This dialectical process can be called the ''Herderian paradox'', inspired by the philosophical history of Johann Gottfried Herder (1744-1803) which is outlined in this article. Some of the problematic areas of copyright harmonisation that illustrate the dangers of the ''Herderian paradox'' are discussed: the concept of copyright work, the interpretation of originality, the role of moral rights, exceptions and limitations, and, as a possible but dangerous remedy to overcome difficulties of harmonisation, EU law pre-emption and intergovernmental treaties outside EU law.

The European Court of Justice and the Autonomy of the Member States
The European Court of Justice and the Autonomy of the Member States

Author: Hans-W. Micklitz

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9788400000264

DOWNLOAD EBOOK

Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, especially when those judgments curtail that state's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed, in each treaty revision so far, to confirm and extend the far-reaching powers which the Court of Justice possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, quite often, does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.

The Knowledge Problems of European Financial Market Integration
The Knowledge Problems of European Financial Market Integration

Author: Troels Krarup

Publisher: Taylor & Francis

Published: 2023-08-18

Total Pages: 169

ISBN-13: 1000933202

DOWNLOAD EBOOK

Since the creation of the euro and a European Central Bank, the European Union has persistently pursued financial market integration throughout periods of economic growth, membership enlargements, financial breakdown, and political crisis. While traditionally analysed in terms of clashing ideological orientations and strategic political interests, this book presents a novel and empirically grounded perspective on the issues around financial market integration by approaching them in terms of the knowledge problems that actors face. Drawing on European legal texts, policy documents and interviews with regulators, central bankers, and financial market professionals, this book is rich in empirical detail which reveals a close-knit set of knowledge problems, or paradoxes, of ‘the market’. These paradoxes are irreducible to a particular political ideology or national interests because they are rooted in the conceptual structure of the European treaties. Moreover, while these knowledge problems present themselves as uncertainties, tensions, and conflicts in practice, they also echo persistent conceptual and theoretical controversies in the field of economics. Indeed, this book demonstrates how ‘the market’ is adopted from economic theory into European treaty law, resulting in central bankers and regulators struggling with knowledge problems and conflicts paralleling classic debates in the academic discipline. This book will be of significant interest to political economists working on European economic integration and money and finance as well as readers of heterodox economics, economic sociology, and political and social theory more broadly.