Civis Europaeus Sum
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Civis Europaeus Sum
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Author : Guayasén Marrero González
language : en
Publisher:
Release Date : 2016
Civis Europaeus Sum written by Guayasén Marrero González and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Citizenship categories.
Civis europaeus sum? Am I a citizen of the Union? This question, which is the cornerstone of this thesis, is also the question that people affected by an eventual State succession within an EU Member State need an answer to. The link between the nationality of an EU Member State and citizenship of the Union is, as it stands now, unbreakable. One cannot claim the enjoyment of the latter without holding the nationality of an EU Member State. Thus, those who, due to the operation of the State succession and the rules enacted in that context regarding nationality, lose the nationality of the predecessor EU Member State and cannot invoke civis europaeus sum. From the outset, individuals who lose the nationality of an EU Member State would lose EU citizenship and the rights attached to it. However, whilst EU citizenship is still not autonomous from Member State nationality, certain rights associated to the residence, in both the potential newly independent States and the EU Member States, can be frozen as an interim solution until such times as the former has completed the EU accession process. Dissertation. [Subject: Nationality Law, EU Law, Human RIghts Law]
Extradition Law
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Author : Miguel João Costa
language : en
Publisher: BRILL
Release Date : 2019-09-24
Extradition Law written by Miguel João Costa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States’ criminal justice idiosyncrasies.
Unionsb Rger
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Author : Christoph Schönberger
language : de
Publisher: Mohr Siebeck
Release Date : 2005
Unionsb Rger written by Christoph Schönberger and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Citizenship categories.
English summary: Christoph Schonberger analyzes European citizenship as federal citizenship. He compares the situation in the European Union with the development and structure of federal citizenship in the United States, Switzerland and Germany. In doing so, he develops a general pattern of analysis for nested citizenships in federal systems. The nested citizenship of the European Union shows interesting parallels with citizenship in the United States before the Civil War, German citizenship before 1934 and the still valid Swiss citizenship law since 1848/1874. The study avoids a negative comparison of Union citizenship with the nationality of today's national states; by the same token, it shows that theories of 'post-national membership' do not offer convincing descriptions of the meaning and content of European citizenship. German description: Die europaische Burgerschaft bereitet der rechtswissenschaftlichen Analyse wie der politischen Theorie gleichermassen Kopfzerbrechen. Die eingefuhrten Kategorien wie Staatsangehorigkeit und Staatsburgerschaft sind auf den Staat bezogen. Verbreitet ist deshalb der negative Abgleich zwischen Unionsburgerschaft und Staatsangehorigkeit. Er fuhrt aber kaum uber das tautologische Ergebnis hinaus, die Unionsburgerschaft sei keine Staatsangehorigkeit, weil die Union kein Staat sei. Gegenstuck dazu ist eine Deutung der Unionsburgerschaft als menschenrechtlich-universeller Status ( post-national membership ). Beide Perspektiven sind negativ staatsfixiert und foderalismusblind. Die europarechtliche Sonderterminologie fuhrt hier ebenfalls nicht weiter, sondern verharrt bei aussagearmen sui-generis-Formeln. Christoph Schonberger bietet einen Ausweg aus dieser Sackgasse der Diskussion. Er analysiert die Unionsburgerschaft im Lichte foderaler Erfahrung und nutzt hierfur die Rechtsvergleichung mit Entstehung und Struktur der Bundesangehorigkeit in den Vereinigten Staaten, der Schweiz und Deutschland. Unterschiedliche Rechtspositionen der Unionsburger wie etwa Aufenthalts-, Wahl- und soziale Rechte in den anderen Mitgliedstaaten, ihr diplomatischer Schutz oder das Wahlrecht zum Europaischen Parlament werden in einen systematischen foderativen Kontext eingeordnet. Die doppelte Zugehorigkeit des Unionsburgers zu Mitgliedstaat und Union, so zeigt sich dabei, ist keineswegs ein Sonderphanomen der europaischen Integration; sie kennzeichnet vielmehr die fragile Normalitat eines jeden Bundes.
Limits To Eu Powers
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Author : Jacob Öberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-27
Limits To Eu Powers written by Jacob Öberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-27 with Law categories.
PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.
Democratic Constitutionalism In India And The European Union
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Author : Philipp Dann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Democratic Constitutionalism In India And The European Union written by Philipp Dann and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
Institutional Constructivism In Social Sciences And Law
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Author : Dora Kostakopoulou
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
Institutional Constructivism In Social Sciences And Law written by Dora Kostakopoulou and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-04 with Law categories.
The book develops the model of institutional constructivism to aid socio-legal research and to account for patterns of socio-legal change.
Eu Citizenship Law And Policy
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Author : Dora Kostakopoulou
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-09-25
Eu Citizenship Law And Policy written by Dora Kostakopoulou and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.
This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.
European Constitutional Language
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Author : András Jakab
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-15
European Constitutional Language written by András Jakab and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Language Arts & Disciplines categories.
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Foreign Policy Objectives In European Constitutional Law
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Author : Joris Larik
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Foreign Policy Objectives In European Constitutional Law written by Joris Larik and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Law categories.
Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.
Constitutionalising The Eu Judicial System
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Author : Pascal Cardonnel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-08-20
Constitutionalising The Eu Judicial System written by Pascal Cardonnel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-20 with Law categories.
These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.