Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law
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Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2023-08-06
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law written by Niamh Nic Shuibhne 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 2023-08-06 with Law categories.
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Eu Citizenship Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2023
Eu Citizenship Law written by Niamh Nic Shuibhne 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 2023 with Law categories.
European Union citizenship is a novel and complex legal status. Since its formal conception in the Maastricht Treaty, EU citizenship has catalysed an extraordinary, and ongoing, legal experiment, the development and implications of which are traced comprehensively throughout this book. EU Citizenship Law articulates, explains, and analyses the legal framework and legal developments that have shaped the status of EU citizenship and the rights that it confers on Member State nationals. By examining how the rights and responsibilities produced by EU citizenship relate to other rights conferred by EU law, the distinctive meaning and scope - the added legal value - of EU citizenship is uncovered. But the legal story examined here sits in deeper and wider economic, political, social, and emotional contexts because EU citizenship is also an idea: a vector of European integration, collective personhood, and multi-layered identities that reflects the paradoxically inclusive and exclusive qualities of citizenship more generally. EU citizenship challenges us to consider the worth and deepen the protection of the person, and to shape a European Union where principles and values really matter. Thorough yet accessible, this work provides a comprehensive legal reference point for the progression of debates about what EU citizenship law actually 'is,' and for the continuing study and practice of EU citizenship la
Landmark Cases In Eu Law Volume 2
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Author : Paul Craig
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-07-10
Landmark Cases In Eu Law Volume 2 written by Paul Craig and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-10 with Law categories.
From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.
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language : en
Publisher: Oxford University Press
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Revisiting Judicial Politics In The European Union
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Author : Mark Dawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Revisiting Judicial Politics In The European Union written by Mark Dawson 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 2024-03-14 with Law categories.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
The Emergence Of European Society Through Public Law
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2024-03-06
The Emergence Of European Society Through Public Law written by Armin von Bogdandy 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 2024-03-06 with Law categories.
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Human Rights In Transition
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Author : Nehal Bhuta
language : en
Publisher: Oxford University Press
Release Date : 2024-03-12
Human Rights In Transition written by Nehal Bhuta 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 2024-03-12 with Law categories.
At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.
The Eu Directive On Adequate Minimum Wages
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Author : Luca Ratti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-03-21
The Eu Directive On Adequate Minimum Wages written by Luca Ratti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.
This book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement. With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour law's most fundamental objectives – to provide for adequate minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists and employers' representatives.
The Legitimacy Of Eu Environmental Governance And The Role Of The European Courts
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Author : Emma Lees
language : en
Publisher: Oxford University Press
Release Date : 2025-07-09
The Legitimacy Of Eu Environmental Governance And The Role Of The European Courts written by Emma Lees 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 2025-07-09 with Law categories.
European courts have an important role to play in contributing to the legitimacy of EU environmental governance. Their role in holding to account and scrutinizing administrative and legislative acts is critical to the overall legitimacy of the political system. However, the boundaries of legitimacy in governance are themselves being shaped by the environmental context. This volume explores how the environment affects the ways in which the courts can support the legitimacy of EU governance, and, in turn, what the courts themselves bring to the table in enhancing that legitimacy. The Legitimacy of EU Environmental Governance and the Role of the European Courts considers soft law, human rights, the environmental principles, judicial procedures and remedies, and the wider European law context, to examine the dynamics which shape the courts' contributions to legitimacy. Bringing together leading authors in EU constitutional and administrative law and EU environmental law, this book explores the ways in which environmental degradation is shifting how the courts, and we, assess what legitimate governance actually consists of.
Mobility Citizenship
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Author : Chris Moreh
language : en
Publisher: Springer Nature
Release Date : 2025-01-31
Mobility Citizenship written by Chris Moreh and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-31 with Social Science categories.
This book aims to trace the development of a new conception of ‘mobility citizenship’ in Europe historically, demographically and experientially. To this aim, it adopts a ‘constellationist’ approach applied to the intra-European mobility space and uses the case studies of Hungarian and Romanian migration to the United Kingdom to develop a multidimensional meso-level comparative empirical analysis of mobility-citizenship constellations. The main theoretical proposition of the book is that citizenship has undergone a noticeable change in meaning and valuation, with mobility rights becoming a more central component in the structure of opportunities it provides citizens. The logic of ‘mobility citizenship’ is thus changing long-held perceptions around the social functions of citizenship, and consequently, the nature of contemporary transnational society. The multifaceted analysis presented in the book will appeal to readers with backgrounds in various disciplines such as political sociology, migration studies, citizenship studies, nationalism studies, or European studies.