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Children And The European Union

Author: Helen Stalford
Publisher: Bloomsbury Publishing
ISBN: 1847319904
Size: 71.93 MB
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This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Federalism In The European Union

Author: Elke Cloots
Publisher: Bloomsbury Publishing
ISBN: 1847319971
Size: 46.65 MB
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This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Toward A Prosecutor For The European Union Volume 1

Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
ISBN: 1782250441
Size: 75.39 MB
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In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

The Oxford Handbook Of European Union Law

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Size: 74.99 MB
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Since its formation the European Union has expanded beyond all expectations, and this expansion 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. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize 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 summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Human Rights And European Law

Author: Mary Arden
Publisher: Oxford University Press, USA
ISBN: 0198728573
Size: 20.35 MB
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In light of recent criticism of the EU and Strasbourg, Mary Arden makes an invaluable contribution to the debate on transnational courts and human rights. Drawing on years of experience as a senior judge, she explains clearly how human rights law has evolved, and the difficult balances that judges have to strike when interpreting it.

Establishing The Supremacy Of European Law

Author: Karen J. Alter
Publisher: Oxford University Press on Demand
ISBN: 9780199260997
Size: 77.58 MB
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How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty.

The Social Meaning Of Children And Fertility Change In Europe

Author: Anne Lise Ellingsaeter
Publisher: Routledge
ISBN: 1135092133
Size: 26.38 MB
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Low fertility in Europe has given rise to the notion of a ‘fertility crisis’. This book shifts the attention from fertility decline to why people do have children, asking what children mean to them. It investigates what role children play in how young adults plan their lives, and why and how young adults make the choices they do. The book aims to expand our comprehension of the complex structures and cultures that influence reproductive choice, and explores three key aspects of fertility choices: the processes towards having (or not having) children, and how they are underpinned by negotiations and ambivalences how family policies, labour markets and personal relations interact in young adults’ fertility choices social differentiation in fertility choice: how fertility rationales and reasoning may differ among women and men, and across social classes Based on empirical studies from six nations – France, Scandinavia, Denmark, Norway, Sweden, Germany and Italy (representing the high and low end of European variation in fertility rates) – the book shows how different economic, political and cultural contexts interact in young adults' fertility rationales. It will be of interest to students and scholars of sociology, anthropology, demography and gender studies.

Social Rights In Europe

Author: Gráinne De Búrca
Publisher: Oxford University Press on Demand
ISBN: 9780199286171
Size: 19.59 MB
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"This volume of essays originates in a conference organized by the Academy of European Law at the European University Institute in Florence"--Preface.

Blaming Europe

Author: Sara B. Hobolt
Publisher: Oxford University Press
ISBN: 0199665680
Size: 55.90 MB
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Examines how citizens attribute responsibility in the European Union, exploring how citizens assign blame to the EU, how politicians and the media attempt to shift blame, and how it matters for electoral democracy as voters are unable to hold their EU representatives to account.

Fundamental Rights In Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0198702043
Size: 22.27 MB
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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.