National Identity In Eu Law
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National Identity In Eu Law
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Author : Elke Cloots
language : en
Publisher: Oxford Studies in European Law
Release Date : 2015
National Identity In Eu Law written by Elke Cloots and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Based on the author's thesis (doctoral)--University of Leuven, 2013.
National Constitutional Identity And European Integration
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Author : Alejandro Saiz Arnaiz (jurist)
language : en
Publisher:
Release Date : 2013
National Constitutional Identity And European Integration written by Alejandro Saiz Arnaiz (jurist) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
The Jurisprudence Of Particularism
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Author : Kriszta Kovács
language : en
Publisher: Hart Publishing
Release Date : 2023-05-18
The Jurisprudence Of Particularism written by Kriszta Kovács and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with categories.
This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Constitutional Identity In A Europe Of Multilevel Constitutionalism
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Author : Christian Calliess
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-24
Constitutional Identity In A Europe Of Multilevel Constitutionalism written by Christian Calliess 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 2019-10-24 with Law categories.
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Euroscepticism
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Author : Robert Harmsen
language : en
Publisher: Rodopi
Release Date : 2004
Euroscepticism written by Robert Harmsen and has been published by Rodopi this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Europe categories.
The accelerated pace of European integration since the early 1990s has been accompanied by the emergence of increasingly prominent and multiform oppositions to the process. The term Euroscepticism has appeared with growing frequency in a range of political, media, and academic discourses. Yet, the label is applied to a wide range of different, and occasionally contradictory, phenomena. Although originally associated with an English exceptionalism relative to a Continental project of political and economic integration, the term Euroscepticism is now also identified with a more general questioning of European Union institutions and policies which finds diverse expressions across the entire continent. This volume of European Studies brings together an interdisciplinary team of contributors to provide one of the first major, multinational surveys of the growth of these Eurosceptic tendencies. Individual chapters provide detailed examinations of developments in France, Germany, the Netherlands, the United Kingdom, Ireland, Sweden, Austria, the Czech Republic, Poland, and Switzerland. Overall, the volume draws a distinctive portrait of contemporary Euroscepticism, situating the phenomenon not only relative to the progress of European integration, but also in relation to broader questions concerned with the evolution of party politics and the reshaping of national identities.
Limitations Of National Sovereignty Through European Integration
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2016-02-25
Limitations Of National Sovereignty Through European Integration written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
National Identity And Social Cohesion In A Time Of Geopolitical And Economic Tension Australia European Union Slovenia
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Author : Robert Walters
language : en
Publisher: Springer Nature
Release Date : 2020-02-26
National Identity And Social Cohesion In A Time Of Geopolitical And Economic Tension Australia European Union Slovenia written by Robert Walters and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-26 with Law categories.
This book aims to enrich the thinking and discussion in relation to the importance that citizenship, immigration, rights and private laws play in the modern world. This is in a time when social cohesion and national identity is being challenged. It will explore the impact these laws have had on Australia, European Union (EU) and Slovenia. Identity and social cohesion are contested concepts and can invoke different responses. The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable. These alone pose some of the most complex political and policy issues facing the world. The EU can be held up as a polity that, has developed an identity and level of cohesion, while allowing member states to retain their national identities. It has, to date, also been successful in managing the rise of nationalism. However, that has come under threat in recent times. Thus, the very foundations of liberal democracy could be diluted from the impact of these challenges. Moreover, the basic foundations of rights have, in part, already been diluted from the rise of terrorism (which is acceptable), however, the geopolitical differences pose a significant challenge, in, and of themselves.
An Ever Changing Union
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Author : Koen Lenaerts
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
An Ever Changing Union written by Koen Lenaerts and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.
Europe S Other
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Author : Peter Fitzpatrick
language : en
Publisher: Routledge
Release Date : 2019-01-04
Europe S Other written by Peter Fitzpatrick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-04 with Law categories.
First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.
The Role Of Law In European Integration
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Author : Thomas M. J. Möllers
language : en
Publisher: Nova Biomedical Books
Release Date : 2003
The Role Of Law In European Integration written by Thomas M. J. Möllers and has been published by Nova Biomedical Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Europe categories.
It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.