The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe

Author: Tamara Perišin

Publisher: Bloomsbury Publishing

Published: 2018-03-08

Total Pages: 357

ISBN-13: 1509907270

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It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.


The Transformation Or Reconstitution of Europe

The Transformation Or Reconstitution of Europe

Author: Siniša Rodin

Publisher:

Published: 2018

Total Pages: 248

ISBN-13: 9781509907281

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Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola


The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe

Author: Tamara Perišin

Publisher: Bloomsbury Publishing

Published: 2018-03-08

Total Pages: 257

ISBN-13: 1509907262

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It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.


Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe

Author: Michael A. Wilkinson

Publisher: Oxford University Press

Published: 2021

Total Pages: 353

ISBN-13: 0198854757

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This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.


The Transformation of Europe

The Transformation of Europe

Author: Miguel Poiares Maduro

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 383

ISBN-13: 1107157943

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This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.


Revival After the Great War

Revival After the Great War

Author: Luc Verpoest

Publisher: Leuven University Press

Published: 2020-12-08

Total Pages: 354

ISBN-13: 9462702500

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The challenges of post-war recovery from social and political reform to architectural design In the months and years immediately following the First World War, the many (European) countries that had formed its battleground were confronted with daunting challenges. These challenges varied according to the countries' earlier role and degree of involvement in the war but were without exception enormous. The contributors to this book analyse how this was not only a matter of rebuilding ravaged cities and destroyed infrastructure, but also of repairing people’s damaged bodies and upended daily lives, and rethinking and reforming societal, economic and political structures. These processes took place against the backdrop of mass mourning and remembrance, political violence and economic crisis. At the same time, the post-war tabula rasa offered many opportunities for innovation in various areas of society, from social and political reform to architectural design. The wide scope of post-war recovery and revival is reflected in the different sections of this book: rebuild, remember, repair, and reform. It offers insights into post-war revival in Western European countries such as Belgium, France, the United Kingdom, Germany, Portugal, Spain, and Italy, as well as into how their efforts were perceived outside of Europe, for instance in Argentina and the United States.


Utopia as Method

Utopia as Method

Author: R. Levitas

Publisher: Springer

Published: 2013-07-25

Total Pages: 443

ISBN-13: 1137314257

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Utopia should be understood as a method rather than a goal. This book rehabilitates utopia as a repressed dimension of the sociological and in the process produces the Imaginary Reconstitution of Society, a provisional, reflexive and dialogic method for exploring alternative possible futures.


The Global Transformation

The Global Transformation

Author: Barry Buzan

Publisher: Cambridge University Press

Published: 2015-02-05

Total Pages: 427

ISBN-13: 1107035570

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This book shows how the political, economic, military and cultural revolutions of the nineteenth century shaped modern international relations.


The European Union

The European Union

Author: Chris Rumford

Publisher: John Wiley & Sons

Published: 2008-04-15

Total Pages: 320

ISBN-13: 0470752106

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The European Union is the first full-length treatment of European integration from a sociological perspective. It redirects the core concerns of political sociology away from nationally bounded societies towards a "sociology beyond societies," capable of making a valuable contribution to thinking about the nature and problems of the European Union. Within this broad objective the book concerns itself with such key issues as the relation between the EU and globalization, the nature of the EU state, and the question of whether a European society can be said to exist. Students, scholars, and sociologists interested in the history, development, and legacies of the European Union will find this to be a unique and informative text.


Italy, Europe, The Left

Italy, Europe, The Left

Author: Vassilis Fouskas

Publisher: Routledge

Published: 2018-12-20

Total Pages: 249

ISBN-13: 0429836686

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Published in 1998. Was the Italian Communist Party (PCI) a typical Social Democratic party in tune with the programmatic principles of the Second International? What is the appropriate context within which the strategies of 'historic compromise' and Eurocommunism in the 1970s can be analyzed and understood? In what form and to what extent has the process of European integration and the crisis of Keynesianism contributed to the transformation of the party in 1989-91? What caused the collapse of the ruling political class of the First Italian Republic? Why did the transformed PCI, the PDS (Democratic Party of the Left), fail to lead the transition to the Second Italian Republic between 1992 and 1996? Is there any link between the party’s historical factions and the current divisions in the Italian Left? Is it possible to theorize and speculate upon these divisions? Italy, Europe, the Left seeks to answer these questions, debating conventional views and examining the extent to which the end of the Cold War has contributed to a redefinition of the Left’s identity in Italy and Europe. The exemplary methodological framework and the wider European perspective adopted throughout, make the book an indispensable reading in the field of Italian and European politics.