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Solidarity in EU Law
  • Language: en
  • Pages: 235

Solidarity in EU Law

  • Categories: Law

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Transnational Solidarity
  • Language: en
  • Pages: 459

Transnational Solidarity

  • Categories: Law

This book analyses the concept and conditions of transnational solidarity, the challenges and the opportunities, from an interdisciplinary global perspective.

Research Handbook on International Solidarity and the Law
  • Language: en
  • Pages: 473

Research Handbook on International Solidarity and the Law

  • Categories: Law

This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

The EU Treaties and Charter of Fundamental Rights: A Commentary
  • Language: en
  • Pages: 3034

The EU Treaties and Charter of Fundamental Rights: A Commentary

  • Categories: Law

The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...

Terrorism and Exclusion from Refugee Status in the UK
  • Language: en
  • Pages: 284

Terrorism and Exclusion from Refugee Status in the UK

  • Categories: Law

Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism. In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how ‘terrorism’ has featured in the UK’s interpretation and application of the Refugee Convention’s ‘exclusion clause’. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office’s exclusion unit and legal practitioners. She therefore provides an unprecedented and thorough analysis of the UK’s approach to asylum seekers suspected of serious criminality.

Law, Solidarity and the Limits of Social Europe
  • Language: en
  • Pages: 240

Law, Solidarity and the Limits of Social Europe

  • Categories: Law

This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

Reimagining Europe
  • Language: en
  • Pages: 395

Reimagining Europe

Reimagining Europe comprises a series of contributions which address, in various ways, the relationship between Europe and continental philosophy/phenomenology. Europe is in crisis: a crisis that no longer designates a moment of decision, a critical point between a before and an after, but a state, a permanent mode of being, a constant emergency. At this juncture of Europe, the aporia of language confronts the aporia of history. We cannot speak, we must speak, we shall speak. As such, the contributions all engage with the idea that the question "what is Europe?" must measure up a series of questions, namely: what was it to be? What does it mean to initiate and sustain a project, such as Europe, if only at times, after the fact? The questions of internal and external borders, of homogeneity and coherence, identity and equality, legitimacy and rights, democracy and representation can only be raised insofar as the question of Europe, its destiny, and destination, is raised as a whole.

Postnational Constitutionalism
  • Language: en
  • Pages: 353

Postnational Constitutionalism

  • Categories: Law

Develops a critical theory of postnational constitutionalism at a time when the project of integrating Europe's peoples through the rule of law is faltering. Spanning many bodies of EU jurisprudence, Linden-Retek devotes specific attention to migration and asylum--struggles where questions of solidarity and belonging are most acute.

How EU Member States Represent the Common Purpose of Migration Management
  • Language: en
  • Pages: 291

How EU Member States Represent the Common Purpose of Migration Management

  • Categories: Law
  • Type: Book
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  • Published: 2024-11-14
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  • Publisher: BRILL

Since the ‘refugee crisis’ in 2015, EU Member States have claimed to represent or act on behalf of the Union when regulating migration. Some measures were outside or at the margins of the EU legal order. How can Member States reconcile their double bind as members of the Union and as sovereign nation states? Enriching legal doctrine with constitutional theories, this book argues that EU law is still able to uphold the rule of law, in line with its foundational promise, while also empowering the Member States to govern migration in the common European interest.