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National Identity in EU Law
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 undert...
Beyond Federal Dogmatics
Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.
The People in Question
Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Constitutional Identity in a Europe of Multilevel Constitutionalism
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Corruption and Targeted Sanctions
In Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have been on the international agenda for years and have gained particular prominence with the adoption by the US and Canada of the so-called Magnitsky legislation in 2016. Across the Atlantic, several European states followed suit. The proliferation of anti-corruption entry sanctions has prompted a reappraisal of applicable human rights safeguards, along with issues of respect for official immunities and state sovereignty. On the basis of a comprehensive review of relevant law and policy, Anton Moiseienko identifies how targeted sanctions can ensure accountability for corruption while respecting international law.
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
Denationalisation and Its Discontents
Over the past two decades, denationalisation – the controversial practice of revoking citizenship from unwanted citizens – has re-entered Western law and politics with astonishing haste. In this book, Christian Prener traces this remarkable development in the United Kingdom, Denmark, France and the United States and offers a timely and critical examination of the legal, moral, and political acceptability of citizenship revocation in response to acts of misconduct or disloyalty. Through an exploration of contemporary practices, caselaw and theory, the book distils some of the hard questions posed by the Western revival of denationalisation within international human rights law, moral philosophy and political theory as it probes the lawfulness, efficacy, and political legitimacy of revoking citizenship in the 21st century.
The Human Rights of Migrants in European Law
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Rethinking the Relationship between International, EU and National Law
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
Justice in the EU
The claims of justice are universal, yet we need the structures of the nation state to implement its policies. This book argues that the EU is able to overcome this paradox. It suggests that EU law, and in particular the right to free movement, creates connections and solidarity between citizens to broaden our understanding of justice.
