Secession From A Member State And Withdrawal From The European Union
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Secession From A Member State And Withdrawal From The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-07
Secession From A Member State And Withdrawal From The European Union written by Carlos Closa 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 2017-09-07 with Law categories.
The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Secession And European Union Law
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Author : Núria González Campañá
language : en
Publisher: Oxford University Press
Release Date : 2024-05-08
Secession And European Union Law written by Núria González Campañá 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 2024-05-08 with Law categories.
Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.
Exiting The European Union
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Author : Manolis Perakis
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-05-03
Exiting The European Union written by Manolis Perakis and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-03 with Law categories.
Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it could also occur in the form of a “forced” exit, including expulsion due to an infringement of fundamental rules, or secession—the most relevant example at present being Catalonia. Legal scholars, practitioners and students, as well as political scientists and anyone interested in what the future holds for European integration, will find this book particularly relevant.
The European Union And The Return Of The Nation State
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Author : Antonina Bakardjieva Engelbrekt
language : en
Publisher: Springer Nature
Release Date : 2020-01-22
The European Union And The Return Of The Nation State written by Antonina Bakardjieva Engelbrekt and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-22 with Political Science categories.
This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.
Collapse
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Author : Ian Kearns
language : en
Publisher: Biteback Publishing
Release Date : 2018-04-17
Collapse written by Ian Kearns and has been published by Biteback Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Political Science categories.
It is now commonplace to hear people say the EU is embroiled in an existential crisis. Indeed, Brexit may mean the process of EU disintegration has already begun. However, while much political and journalistic attention is centred on describing the EU's woes, far less attention is being paid to what the consequences of such a disintegration might be. From the terrorist and migration crises facing the Continent to the new threat from Russia, and from the euro's unending fragility to the rise of a new, Eurosceptic politics, Ian Kearns tells the story of the biggest crisis to hit Europe since the end of the Second World War. It makes clear just what is at stake. With the EU in a far more fragile state than many realise, Collapse sets out the specific scenarios that could lead to the breakdown of the European Union. It charts the catastrophic economic, political and geopolitical developments likely to follow should such a collapse occur. And it offers bold solutions to challenge those in positions of authority to build a new, reformed union one capable of riding out the storm and of positioning Europe for success in the remainder of the twenty-first century. Drawing on the author's extensive network of senior political, diplomatic, military and business leaders from across the Continent, Collapse tells the story of Europe's super-crisis from within. Both an urgent warning and a passionate call to action, it seeks to defend not just the EU but the seven decades of peace and progress the union represents.
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.
The Oxford Handbook Of European Union Law
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Author : Anthony Arnull
language : en
Publisher:
Release Date : 2015
The Oxford Handbook Of European Union Law written by Anthony Arnull and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.
European Boundaries In Question
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2018-12-07
European Boundaries In Question written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Political Science categories.
European Union boundaries have always been unusual. In no other political community is both the prospect of enlargement and the ever-present possibility of withdrawal part of the constitutional framework. We find few other instances where some territories in a political community adopt a common currency while others do not. Examples of thick association agreements, such as we find between the EU and third countries like Switzerland and Norway, are uncommon. Over the last number of years, EU boundaries have been challenged like never before. Brexit poses a fundamental threat to the EU’s territorial integrity and the rights of EU citizens to cross what have been regarded as open borders; the refugee crisis and the increase of terrorism both call into question the EU’s ability to justly and effectively manage its external borders; the rise of populism is a direct challenge to internal free movement as the demand to reassert national borders becomes formidable; while the aftermath of the euro-crisis continues to put Monetary Union in doubt. By distinguishing between three categories of boundary change – boundary-making, boundary-crossing and boundary-unbundling – the authors in this volume attempt to shed light on the sustainability and legitimacy of Europe’s boundaries in question. The chapters originally published as a special issue in the Journal of European Integration.
European Union Law
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Author : Catherine Barnard
language : en
Publisher: Oxford University Press
Release Date : 2023
European Union Law written by Catherine Barnard 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 Education categories.
Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant case law in the area. Quotations and examples from key legislation and academic sources are also included to help develop a well-rounded understanding, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Legal Implications Of Territorial Secession In Spain
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Author : Carlos Fernández de Casadevante Romani
language : en
Publisher: Springer Nature
Release Date : 2022-09-30
Legal Implications Of Territorial Secession In Spain written by Carlos Fernández de Casadevante Romani and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-30 with Law categories.
The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc.Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim.Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others).And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.