Author: Sven Biscop
Publisher: Academia Press
ISBN: 9789038207803
Category :
Languages : en
Pages : 64

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Book Description

Author: Andrew C. Gould
Publisher: Cambridge University Press
ISBN: 110703633X
Category : History
Languages : en
Pages : 305

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Book Description
This volume interrogates the implications of the persistence of nationalisms and newer, ethnic-religious identities for the emergence of a robust European identity. The collected essays intersect and are informed by the streams of scholarship on: contemporary ethnonationalism; the challenges associated with immigrant, particularly Muslim immigrant, incorporation; and the so-called new nationalism, including the illiberal ideas and policies promoted by extreme right political parties and groups.

Author: Markus W. Gehring
Publisher: Cambridge University Press
ISBN: 1108848982
Category : Law
Languages : en
Pages : 439

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Book Description
The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Author: The Hertie School of Governance
Publisher: OUP Oxford
ISBN: 0191053724
Category : Political Science
Languages : en
Pages : 190

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Book Description
The promise of an ever-closer union that has guided Europe from the Treaty of Rome to the present time rests on the evolution of democratic governance to meet the many challenges that European communities face. Now after years of managing the financial and fiscal crises, the European Union has to take stock and focus on the issues that will fundamentally shape its long-term prospects. The Governance Report 2015 takes an interdisciplinary approach, examining what is needed to achieve stability in the Eurozone and the full integration of the European single market, how decision-making has changed, and how crisis management has affected the Union's democratic legitimacy. A set of governance indicators will trace how European states have become more alike or more different over time. Ultimately, the Report seeks answers to the question of what can make Europe succeed, fail, or muddle through from a governance perspective.

Author: Johanna Hoekstra
Publisher: Routledge
ISBN: 1000362639
Category : Law
Languages : en
Pages : 230

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Book Description
Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

Author: Alexandre Saydé
Publisher: Bloomsbury Publishing
ISBN: 1782254048
Category : Law
Languages : en
Pages : 452

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Book Description
How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
ISBN: 9403530065
Category : Law
Languages : en
Pages : 371

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Book Description
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

Author: Md Jahid Hossain Bhuiyan
Publisher: Bloomsbury Publishing
ISBN: 1509926356
Category : Law
Languages : en
Pages : 273

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Book Description
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.

Author: Maria Lee
Publisher: Bloomsbury Publishing
ISBN: 1782254080
Category : Law
Languages : en
Pages : 466

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Book Description
A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.

Author:
Publisher: BRILL
ISBN: 9004300651
Category : Literary Criticism
Languages : en
Pages : 256

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Book Description
In recent years postnational theory has become a primary tool for the analysis of European integration. Though interpretations of the concept vary, there is a wide consensus about postnationalism as a way to forge a European identity beyond a particular national history. In line with the German historical context in which this key concept was formulated in the first place, postnationalism is considered to be an adaptation of Kantian cosmopolitanism to the conditions of the modern world. This collection of essays is the first to systematically and comparatively explore the links between postnationalism and cosmopolitanism within the context of the “New Europe”. Contributors: Susana Araújo, Sibylle Baumbach, Helena Buescu, John Crosetti, Maria DiBattista, César Domínguez, Soren Frank, Birgit Mara Kaiser, Dorothy Odartey-Wellington, Maria Esteves Pereira, Karen-Margrethe Simonsen, Aysegul Turan.