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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 ...
Step into the heart of one of the most pressing issues of our time with Rawan Diab's book, "The Right to Asylum in International Law and Legal Philosophy - The Syrian Conflict and Refugee Crisis." Diab navigates the intricate web of migration, shedding light on the historical, political, and philosophical dimensions that have shaped our world with particular reference to the Syrian Conflict and refugee crisis. In a century marked by unprecedented global migration, Diab delves into the myriad challenges faced by individuals seeking refuge from extreme poverty, internal conflicts, and environmental disasters. Focusing on the Syrian conflict and the refugee crisis, this book provides a profound...
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over th...
Fifty years after his death, Portugal's Salazar remains a controversial and enigmatic figure, whose conservative and authoritarian legacy still divides opinion. Some see him as a reactionary and oppressive figure who kept Portugal backward, while others praise his honesty, patriotism and dedication to duty. This probing biography charts the highs and lows of Salazar's rule, from rescuing Portugal's finances and keeping his strategically-placed nation out of World War II to maintaining a police state while resisting the winds of change in Africa. It explores Salazar's long-running suspicion of and conflict with the United States, and how he kept Hitler and Mussolini at arm's length while persuading his fellow dictator Franco not to enter the war on their side.
An authoritative reference work on the legal framework of European economic and monetary union, this book comprehensively analyses the legal foundations, institutions, and substantive legal issues in EU monetary integration.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 1 deals with Cross-Cutting Themes and is edited by Stefano Angeleri and Carole Nivard.
A presente obra foca-se no divórcio transnacional. O divórcio afeta de modo significativo a vida dos cônjuges, pois extingue a relação familiar entre eles criada pelo casamento. O divórcio transnacional suscita questões específicas: perante as autoridades de que Estado deve o divórcio ser requerido? Qual é o Direito material aplicável? E, proferida uma decisão de divórcio num Estado, essa decisão produz ou pode produzir os seus efeitos noutro Estado? Estas questões, embora distintas, não são estanques. E, em matéria de divórcio, justificam uma análise conjunta, de modo a que não se percam de vista as relações entre elas e se evitem soluções incoerentes. A presente obra efetua um estudo global destas questões, da perspetiva do ordenamento jurídico português.
No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.
Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They...