The Legal Elements of European Identity
The Legal Elements of European Identity

Author: Elspeth Guild

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 286

ISBN-13: 9041123040

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The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity'that is, the rights to entry, residence, work, family life, and protection from expulsion'through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders;the limitations of citizenship of the Union as currently construed;social benefits of citizenship;residence; immigration;family reunification;human rights of foreigners;asylum;expulsion and readmission;racial discrimination; andlong-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.

Legal Symbolism
Legal Symbolism

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-04-22

Total Pages: 243

ISBN-13: 1317106008

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Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.

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

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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.

Europe's Other
Europe's Other

Author: Peter Fitzpatrick

Publisher: Dartmouth Publishing Company

Published: 1998

Total Pages: 296

ISBN-13:

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A critical exploration of how European Law, mainly the law of the European Union, is constituted through alterity, especially through the suppression of supposedly different 'others'. The book offers a new understanding of European Law in the perspective of debates over modernity and postmodernity, and will interest all those involved with studies of the European Union and its law, from critical legal and also socio-legal perspectives.

National Identity in EU Law
National Identity in EU Law

Author: Elke Cloots

Publisher: OUP Oxford

Published: 2015-02-12

Total Pages: 401

ISBN-13: 019105349X

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Despite 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.

Mandating Identity
Mandating Identity

Author: Eniko Horvath

Publisher: Kluwer Law International B.V.

Published: 2008-02-29

Total Pages: 414

ISBN-13: 9041130748

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In this original and insightful analysis, Enikő Horváth focuses on three processes of legal evolution in Europe that affect the meaning of membership and individual identity: • the increasing salience of supranational ‘culture’ and rights; • ‘kinship’ legislation privileging non-nationals with linguistic, cultural, and ethnic ties to a given state; and • the emergence of plural nationality as an acceptable (and even welcome) phenomenon. The author’s treatment is notable for its informed appreciation of both the content of relevant European and national laws and the ways in which these laws are embedded in particular social and political frameworks. In addition to extending the legal theory on citizenship and nationality, the analysis draws on sociology, social psychology, and political theory to anchor its insights and recommendations. After two in-depth chapters introducing the complexities of the subject matter, three distinct but interwoven chapters show how each of the three processes has unfolded in a given context, offer detailed explanations and suggestions as to why each development has occurred in the manner that it has, and discuss the legal, political, and sociological issues raised by the particular development. A comprehensive reference section with extensive lists of laws, cases, and scholarship concludes the volume.

Citizenship, identity and immigration in the European Union
Citizenship, identity and immigration in the European Union

Author: Theodora Kostakopoulou

Publisher: Manchester University Press

Published: 2024-07-30

Total Pages: 225

ISBN-13: 1526185849

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European citizenship, identity and immigration are constitutive issues facing the European polity and have important consequences for domestic political systems. There has been a great deal published about citizenship within the setting of the nation-state and comparative immigration policies, but relatively little has been written on their theorisation in a post-national, post-statist context, such as the EU, and on alternative European institutional designs. Now available in paperback, this volume blends normative political theory with European integration, and develops an original theoretical framework for European Union citizenship, identity and immigration as well as a set of policy proposals for institutional reform. Challenging the conventionally held views in these areas, the author argues that a constructive model of European citizenship and identity is vital to the construction of a democratic, heterogeneous and inclusive European polity. The book will appeal to academics and political actors concerned with issues of European governance as well as to undergraduate and postgraduate students of European politics, European integration, European Union Law, political theory and sociology.

Debating Political Identity and Legitimacy in the European Union
Debating Political Identity and Legitimacy in the European Union

Author: Sonia Lucarelli

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9780415551007

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How can we conceptualize identity and legitimacy in the context of the European union? What is the role of narratives, political symbols, public debate and institutional practices in the process of identity formation and legitimacy consolidation? Debating Political Identity and Legitimacy in the European Union addresses these questions and brings together high profile scholars from various disciplinary backgrounds to debate the ontological and epistemological aspects of research on identity and legitimacy formation in the EU. Part I investigates key elements such as the relationship between âe~Europeanizationâe(tm) of the EU member states and its effect on the political identity of their citizens; the relationship between the politicization of the EU and processes of identity and legitimacy formation; and the indispensability of European identity for legitimizing the EU. Part II looks at pathways to identity formation and legitimacy construction in the EU by considering alternative types of constitutional legitimacy; political symbolism; Europeanization and politicization of the debate on EU focusing on the foreign policy domain. Bringing together a wide but coherent range of high profile perspectives, this book will of interest to students and scholars of European studies, Political Science, Philosophy, Sociology and Law.

European Identity and Citizenship
European Identity and Citizenship

Author: Sanja Ivic

Publisher: Springer

Published: 2016-06-08

Total Pages: 286

ISBN-13: 1137577851

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This book uses a theoretical and empirical approach to explore the philosophies of European citizenship and European identity. The author applies a focused analytical framework to argue that European identity and citizenship should be perceived as postmodern categories which are multi-layered, dynamic and fluid. The book offers a detailed review of political and legal studies which do not comprehend or explain postmodernist concepts of citizenship and identity. In the theoretical part of the book various philosophical models of citizenship and identity (from antiquity to the postmodern era) are portrayed, and the author's own theory and analytical framework is developed. The empirical part of the book discusses a variety of case studies illustrating how European Union policies apply to this framework.

Constructing the Person in EU Law
Constructing the Person in EU Law

Author: Loïc Azoulai

Publisher: Bloomsbury Publishing

Published: 2016-07-28

Total Pages: 339

ISBN-13: 178225935X

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The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.