constructing the person in eu law rights roles identities

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Constructing The Person In Eu Law

Author : Loïc Azoulai
ISBN : 9781782259343
Genre : Law
File Size : 46. 92 MB
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The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.

The Politics Of Justice In European Private Law

Author : Hans-W Micklitz
ISBN : 9781108424127
Genre : Law
File Size : 50. 46 MB
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Compares national concepts of social justice with the developing European concept of access justice.

Nineteenth Century Perspectives On Private International Law

Author : Roxana Banu
ISBN : 9780192551757
Genre : Law
File Size : 25. 95 MB
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Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.

Unity In Adversity

Author : Charlotte O'Brien
ISBN : 9781509918522
Genre : Law
File Size : 26. 51 MB
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'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality†? and "non-discrimination†?, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen†? as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise†?, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making.

Profiling The European Citizen

Author : Mireille Hildebrandt
ISBN : 1402069146
Genre : Computers
File Size : 55. 75 MB
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In the eyes of many, one of the most challenging problems of the information society is that we are faced with an ever expanding mass of information. Based on the work done within the European Network of Excellence (NoE) on the Future of Identity in Information Society (FIDIS), a set of authors from different disciplinary backgrounds and jurisdictions share their understanding of profiling as a technology that may be preconditional for the future of our information society.

Constitutionalization Of European Private Law

Author : Hans Micklitz
ISBN : 9780191020087
Genre : Law
File Size : 59. 59 MB
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Human Rights And European Law

Author : Mary Arden
ISBN : 9780198728573
Genre : Law
File Size : 79. 64 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.

History Of European Drama And Theatre

Author : Erika Fischer-Lichte
ISBN : 9781134678617
Genre : Performing Arts
File Size : 58. 87 MB
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This major study reconstructs the vast history of European drama from Greek tragedy through to twentieth-century theatre, focusing on the subject of identity. Throughout history, drama has performed and represented political, religious, national, ethnic, class-related, gendered, and individual concepts of identity. Erika Fischer-Lichte's topics include: * ancient Greek theatre * Shakespeare and Elizabethan theatre by Corneilli, Racine, Molière * the Italian commedia dell'arte and its transformations into eighteenth-century drama * the German Enlightenment - Lessing, Schiller, Goethe, and Lenz * romanticism by Kleist, Byron, Shelley, Hugo, de Vigny, Musset, Büchner, and Nestroy * the turn of the century - Ibsen, Strindberg, Chekhov, Stanislavski * the twentieth century - Craig, Meyerhold, Artaud, O'Neill, Pirandello, Brecht, Beckett, Müller. Anyone interested in theatre throughout history and today will find this an invaluable source of information.

National Identity In Eu Law

Author : Elke Cloots
ISBN : 9780191053504
Genre : Law
File Size : 87. 13 MB
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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

A Nation By Rights

Author : Carl Franklin Stychin
ISBN : 1566396247
Genre : Political Science
File Size : 41. 98 MB
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The dynamics of identity politics frequently have been studied from the perspective of 'outsider' groups, those outside the bounds of the imagined community. But how does this dynamic play out in the construction of the 'national imaginary'? This book helps reformulate how we use rights - to what end and through what means.

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