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Author: Jo Shaw Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.
Author: Jo Shaw Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This paper begins by examining the relationship between citizenship of the European Union and national citizenship, and in particular the significance of EU law for the regulation of the acquisition and loss of citizenship in EU Member States, as part of a wider enquiry into how the citizenship regimes of the seven 'successor states' of the former Yugoslavia can be located within a 'constitutional mosaic' of overlapping and sometimes competing legal norms. It identifies six primary instruments whereby non-state sources of law impact upon the citizenship regimes of these states: compliance with international human rights norms; EU conditionality; direct intervention by international organisations; direct supervision by international organisations; other forms of international pressure; and overlapping citizenship regimes between the successor states. As part of a wider task of shifting attention onto the citizenship regimes of these states in the context of processes of Europeanisation as well as polity-building at the state and regional level, the paper concludes that polity-building and the processes of constructing citizenship regimes will remain closely intertwined for the foreseeable future.
Author: Neil Walker Publisher: Bloomsbury Publishing ISBN: 1847317863 Category : Law Languages : en Pages : 404
Book Description
This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.
Author: Neil Walker Publisher: ISBN: 9781472565594 Category : Constitutional law Languages : en Pages : 405
Book Description
This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is ess.
Author: Jo Shaw Publisher: Policy Press ISBN: 1529210429 Category : Law Languages : en Pages : 336
Book Description
Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Author: Jelena Džankić Publisher: Routledge ISBN: 1317289935 Category : Political Science Languages : en Pages : 131
Book Description
This book looks at how Europeanisation affects the link between citizenship and governance in and across the new states of South East Europe. Contributors unpack the intimate relationship between the European Union, national governments, and citizens through a tripartite model that captures the uneven and diversified effects of Europeanisation on the governance of citizenship-related policy areas. Reflecting on the meaning of governance in different contexts, this book invites the readers to reconsider the terms and concepts that are commonly used for studying the consolidation of new states. By doing so, it directs attention to the transformative power of European integration not only on modes of governance but also on practices and experiences of citizenship. Individual chapters are ‘paired’ to examine three policy areas that are to a different degree affected by the requirements of European Union accession. Combining analysis of policy frameworks with assessment of their impact, the contributors highlight that the impact of Europeanisation can be located on a continuum stretching from ‘strongest’ in matters regarding justice and home affairs, to ‘moderate’ in general issues of social policy, to ‘weakest’ in transforming citizenship through education policies. This book was originally published as a special issue of European Politics and Society.
Author: Carlos Closa Publisher: Cambridge University Press ISBN: 1316780996 Category : Law Languages : en Pages : 325
Book Description
This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.
Author: Publisher: ISBN: 9781509910977 Category : Languages : en Pages : 232
Book Description
"The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means"--Bloomsbury Publishing.
Author: Nariné Ghazaryan Publisher: Bloomsbury Publishing ISBN: 1782252126 Category : Law Languages : en Pages : 232
Book Description
This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.
Author: Sionaidh Douglas-Scott Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This chapter seeks to analyse and interrogate the varying regimes and processes which exist regarding human rights protection across the European continent, to highlight the problem spots and fault-lines and to suggest mechanisms whereby the worst outcomes may be avoided. In order to do this, I proceed by way of three different analyses. First, what does it mean to have a 'European' human rights regime? This enquiry questions whether, in presenting such a regime as 'European', we thereby render incoherent and dilute in value different human rights protections which are too diverse to be grouped together in this way. Secondly, this chapter asks whether the increasing use of the term 'constitutional' in this context is justified? And if so, what added value does it lend to human rights protection in Europe? Thirdly, if we acknowledge a European 'mosaic' in this context, as a means of capturing this diverse and complex state of affairs, what then emerges from such a reading - from acknowledgment of juxtaposition, contrast, overlap - an overall picture capable of coherence, or a situation verging towards chaos and entropy?
Author: Jo Shaw
Author: Jo Shaw
Author: Neil Walker
Author: Neil Walker
Author: Diarmuid Rossa Phelan
Author: Jo Shaw
Author: Jelena Džankić
Author: Carlos Closa
Author: 
Author: Nariné Ghazaryan
Author: Sionaidh Douglas-Scott