Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constituting Europe PDF full book. Access full book title Constituting Europe by Andreas Føllesdal. Download full books in PDF and EPUB format.
Author: Andreas Føllesdal Publisher: Cambridge University Press ISBN: 110706743X Category : Political Science Languages : en Pages : 485
Book Description
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.
Author: Andreas Føllesdal Publisher: Cambridge University Press ISBN: 110706743X Category : Political Science Languages : en Pages : 485
Book Description
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.
Author: Andreas Føllesdal Publisher: ISBN: Category : Languages : en Pages : 441
Book Description
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.
Author: Leslie Friedman Goldstein Publisher: JHU Press ISBN: 9780801866630 Category : Political Science Languages : en Pages : 268
Book Description
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
Author: Ulrike Müßig Publisher: BRILL ISBN: 9004393722 Category : Law Languages : en Pages : 676
Book Description
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Author: Sonja Puntscher Riekmann Publisher: Springer Science & Business Media ISBN: 3531149709 Category : Political Science Languages : en Pages : 263
Book Description
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.
Author: Steve Peers Publisher: Hart Publishing ISBN: 184113449X Category : Law Languages : en Pages : 421
Book Description
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.
Author: Inge Graef Publisher: Kluwer Law International B.V. ISBN: 9041183256 Category : Law Languages : en Pages : 342
Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Author: Juan Díez Medrano Publisher: Princeton University Press ISBN: 1400832578 Category : Political Science Languages : en Pages : 349
Book Description
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.
Author: Andreas Føllesdal
Author: Andreas Føllesdal
Author: Andreas Føllesdal
Author: Leslie Friedman Goldstein
Author: Ulrike Müßig
Author: Sonja Puntscher Riekmann
Author: Iver B. Neumann
Author: Steve Peers
Author: Takao Suami
Author: Inge Graef
Author: Juan Díez Medrano