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Human Rights and Minority Rights in the European Union
Examines the development and the role of human rights in the European Union, arguing that human rights have become an important component of the foreign policy of the European Union. This book analyses the EU's policy on minorities, as a particular example of human rights.
The Tangled Complexity of the EU Constitutional Process
Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.
The Evolving EU Counter-terrorism Legal Framework
Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism...
The Early Warning System for the Principle of Subsidiarity
This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.
The Legal Order of the European Union
The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Centralized Enforcement, Legitimacy and Good Governance in the EU
Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU.
EU External Relations Law and the European Neighbourhood Policy
The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond t...
Turkey’s Accession to the European Union
Turkey’s accession to the European Union is undoubtedly one of the Union’s most contested potential enlargements. The narrative that dominates the debate surrounding this issue primarily relates to problems such as a lack of respect for fundamental human rights in Turkey, the Kurdish question and the continuing stalemate concerning northern Cyprus. This book looks at these issues, but also proposes that a review of Turkey’s experience with the EU in its numerous incarnations suggests that these concerns may mask a deeper disquiet. Whilst there are several questions that Turkey must address, particularly in the area of human rights guarantees, the concerns which raise debates regarding ...
EU External Relations and Systems of Governance
This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Pa...
Estonia
Estonia is known as the "singing nation" because its people sang their way to freedom. In 1991, masses of singing protesters secured this small Baltic nation's independence from the Soviet Union. For nearly a thousand years, Estonia was occupied by foreign powers, traded back and forth by its more powerful neighbors of Germany, Sweden, and Russia. In the nearly thirty years since its independence from the Soviet Union, Estonia has become an international leader in digital technology while continuing to grow its powerful musical traditions. Readers explore Estonia's history of courage, defiance, and imagination in this book, which features vibrant images, intriguing quotes, and surprising sidebars.
