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The Tangled Complexity Of The Eu Constitutional Process

Author: Giuseppe Martinico
Publisher: Routledge
ISBN: 0415688191
Size: 46.17 MB
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Despite the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices. The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. The Tangled Complexity of the EU Constitutional Process will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science.

The Legitimacy Of The European Union Through Legal Rationality

Author: Richard Ball
Publisher: Routledge
ISBN: 1136011609
Size: 80.90 MB
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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

Research Handbook On Legal Pluralism And Eu Law

Author: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Size: 53.23 MB
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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Eu Health Systems And Distributive Justice

Author: Danielle Da Costa Leite Borges
Publisher: Routledge
ISBN: 1317240626
Size: 10.28 MB
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EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.

Local Government In Europe

Author: Carlo Panara
Publisher: Routledge
ISBN: 1135021260
Size: 21.26 MB
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This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.

European Perspectives On Environmental Law And Governance

Author: Suzanne Kingston
Publisher: Routledge
ISBN: 0415500060
Size: 26.88 MB
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"This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book focuses on three key cross-cutting issues each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second part of the book deals with the challenge of integrating environmental considerations into other policy areas, as required by the Treaty on the Functioning of the European Union, as well as the EU's Charter of Fundamental Rights. While the third theme focuses on the important challenge of improving environmental enforcement within the EU, considering issues such as the Aarhus Convention and the development of the Commission's work on implementation and enforcement over the last twenty years. Throughout the book the three selected themes are situated within the broader ongoing debate about the changing nature of European environmental governance, covering topics such as the development of European environmental governance post-Lisbon and how such development fits with broader trends in European governance theory and policy.The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law"--

The Unfinished Democratization Of Europe

Author: Erik O. Eriksen
Publisher: Oxford University Press
ISBN: 0199572518
Size: 42.38 MB
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This book deals with the puzzle that democracy, which hitherto has only existed on the nation state level, is now expected of the European Union. What does this mean in theoretical terms, can it at all be realized, and if so; how far has reform process of the Union brought it along this developmental path? The book contributes to democratic theory under conditions of globalization and complex interdependence as well as to the understanding of the EU from ademocratic point of view. The key argument of the book is that the political system of domination already in place at the European level requires legitimation - directly from the European citizens - and not only indirect from the Member States. This can only be achieved by making the EU into a democraticpolity.

Scientific Knowledge And Its Social Problems

Author:
Publisher: Transaction Publishers
ISBN: 9781412833783
Size: 40.30 MB
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Science is continually confronted by new and difficult social and ethical problems. Some of these problems have arisen from the transformation of the academic science of the prewar period into the industrialized science of the present. Traditional theories of science are now widely recognized as obsolete. In Scientific Knowledge and Its Social Problems (originally published in 1971), Jerome R. Ravetz analyzes the work of science as the creation and investigation of problems. He demonstrates the role of choice and value judgment, and the inevitability of error, in scientific research. Ravetz's new introductory essay is a masterful statement of how our understanding of science has evolved over the last two decades.

Illegality Inc

Author: Ruben Andersson
Publisher: Univ of California Press
ISBN: 0520958284
Size: 33.59 MB
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In this groundbreaking ethnography, Ruben Andersson, a gifted anthropologist and journalist, travels along the clandestine migration trail from Senegal and Mali to the Spanish North African enclaves of Ceuta and Melilla. Through the voices of his informants, Andersson explores, viscerally and emphatically, how Europe’s increasingly powerful border regime meets and interacts with its target–the clandestine migrant. This vivid, rich work examines the subterranean migration flow from Africa to Europe, and shifts the focus from the "illegal immigrants" themselves to the vast industry built around their movements. This fascinating and accessible book is a must-read for anyone interested in the politics of international migration and the changing texture of global culture.

The Interaction Between Europe S Legal Systems

Author: Giuseppe Martinico
Publisher: Edward Elgar Publishing
ISBN: 1781005664
Size: 66.89 MB
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This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.