the constitution for europe a legal analysis cambridge studies in european law and policy

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The Constitution For Europe

Author : Jean-Claude Piris
ISBN : 0521682185
Genre : Law
File Size : 24. 94 MB
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There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.

The Transformation Of Citizenship In The European Union

Author : Jo Shaw
ISBN : 9781316450512
Genre : Law
File Size : 81. 75 MB
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This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

The Ethos Of Europe

Author : Andrew Williams
ISBN : 9781139483971
Genre : Law
File Size : 47. 8 MB
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Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

The Horizontal Effect Revolution And The Question Of Sovereignty

Author : Johan van der Walt
ISBN : 9783110248036
Genre : Law
File Size : 86. 7 MB
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That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue is the collapsing of the traditional boundaries between constitutional law and private law that the European Court of Human Rights has brought about with a series of decisions on the "horizontal" application of Convention rights in the private sphere. This book will take issue with the various debates and literature in this field. It will analyse the most prominent concerns raised and positions taken in the debates and respond to them with a consistent theory of "horizontal application".

The Lisbon Treaty

Author : Jean-Claude Piris
ISBN : 9781139488358
Genre : Law
File Size : 20. 13 MB
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Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 89. 73 MB
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Bibliographie Internationale De Science Politique

Author :
ISBN : UOM:39015066247878
Genre : Political science
File Size : 42. 44 MB
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The Eu Common Security And Defence Policy

Author : Panos Koutrakos
ISBN : 9780191655906
Genre : Political Science
File Size : 46. 60 MB
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Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

The Labour Constitution

Author : Ruth Dukes
ISBN : 9780191038600
Genre : Law
File Size : 50. 98 MB
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Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.

European Community Studies Association Review

Author :
ISBN : IND:30000075053185
Genre : European communities
File Size : 58. 54 MB
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