the transformation of citizenship in the european union electoral rights and the restructuring of political space cambridge studies in european law and policy

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The Transformation Of Citizenship In The European Union

Author : Jo Shaw
ISBN : 9781316450512
Genre : Law
File Size : 47. 84 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.

Fundamental Rights In Europe

Author : Federico Fabbrini
ISBN : 9780198702047
Genre : Law
File Size : 68. 26 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.

Migration Work And Citizenship In The Enlarged European Union

Author : Samantha Currie
ISBN : 9781317096252
Genre : Law
File Size : 39. 42 MB
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Drawing upon socio-legal research, this insightful book considers labour migration within the context of ('eastward') European Union enlargement. Specifically, this volume explores the legal rights of accession nationals to access employment, their experiences once in work and their engagement with broader family and social entitlement. By combining analysis of the legal framework governing free movement-related rights with analysis of qualitative data gained from interviews with Polish migrants, this volume is able to speculate on the significance the status of Union citizenship holds for nationals of the recently-acceded CEE Member States. Citizenship is conceptualised not merely as rights but as a practice; a real 'lived' experience. The citizenship status of migrants from the CEE Member States is shaped by formal legal entitlement, law in action - as it is implemented by the Member States and 'accessed' by the migrants - and social and cultural perceptions and experiences 'on the ground'.

The Reconceptualization Of European Union Citizenship

Author : Elspeth Guild
ISBN : 9789004251526
Genre : Law
File Size : 80. 69 MB
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This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

Statelessness In The European Union

Author : Caroline Sawyer
ISBN : 9781139496001
Genre : Law
File Size : 23. 68 MB
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Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.

The Modernisation Of Eu Competition Law Enforcement In The European Union

Author : Dermot Cahill
ISBN : 0521605598
Genre : Law
File Size : 38. 59 MB
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An international survey covering the domestic anti-trust laws of 25 EU member states.

The Lisbon Treaty

Author : Jean-Claude Piris
ISBN : 9780521197922
Genre : Law
File Size : 44. 23 MB
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This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European Law and Set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including `law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. 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 (EU), 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. Since 1988, Jean-Claude Piris has served as the Legal Counsel of the Council of the EU and Director-General of its Legal Service. He is an Honorary Counsellor of State of France, a former diplomat at the UN and the former Director of Legal Affairs of the OECD. He was the Legal Advisor of the Successive Intergovernmental conferences which negotiated and adopted the treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001, the constitutional Treaty signed in Rome in 2004 and, finally, the Lisbon Treaty in 2007.

Upgrading The Eu S Role As Global Actor

Author : Michael Emerson
ISBN : 9461380526
Genre : Law
File Size : 27. 2 MB
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This book is the first systemic analysis of the changing position of the European Union since it acquired a legal personality through the Treaty of Lisbon and decided to establish the European External Action Service. The issue is whether these useful institutional developments will lead to an upgrading of the EU's presence in the multilateral system of organizations and conventions of international law. Generally the EU's status in international diplomacy lags way behind the authority delegated to it by EU treaties and law, with resistance to any upgrade coming from both the EU's own member states and, increasingly, the new great powers who seek to enhance their own rankings. Reconciliation of these conflicting pressures can only come through quid pro quos between the EU and its member states and between the EU and the new emerging powers. This study provides a unique source explaining what these tradeoffs would mean in operational terms.

European Citizenship In The Process Of Construction

Author : Ditta Dolejšiová
ISBN : 9287164789
Genre : Political Science
File Size : 56. 90 MB
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European citizenship is still a contested concept, bringing together two notions and therefore two different debates: one around Europe and European identity, And The other related to citizenship and non-citizenship. Europe, In an ongoing process of construction, should be shaped and defined by its citizens. Young people in particular have a special interest in and concern about what kind of Europe they want to live in. it is therefore important to reflect on how European citizenship and debates around European identity could help and empower young people to actively contribute to building Europe. The essays collected here address this issue. They present the debates and findings of the research seminar entitled "Young People and Active European Citizenship" organised by the Youth Partnership between the Council of Europe And The European Commission. European citizenship remains one of the main priorities of this partnership.

Eu Citizenship And Federalism

Author : Dimitry Kochenov
ISBN : 9781107072701
Genre : Law
File Size : 35. 44 MB
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Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

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