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The Function of Proportionality Analysis in European Law
In the Function of the Proportionality Analysis in European Law the author offers a legal dogmatic, comparative and legal theoretical analysis of proportionality analysis applied by European courts.
The European Union at the United Nations
The European Union at the United Nations examines the implementation of the Common Foreign and Security Policy (CFSP) regime at the United Nations (UN) in New York. It assesses the functioning and quality of the coordination and representation of EU Member States’ national interests and EU policy aims in the most important international organization. Besides dealing with the effectiveness and coherence of EU representation at the UN, the book scrutinizes the potential of the EU as a single actor in foreign and security affairs, reviews CFSP developments generally, and explores whether the process ‘Europeanization’ is taking place in EU external relations. The qualitative institutional analysis is supported by a comprehensive quantitative evaluation of EU Member States’ voting behavior in the UN General Assembly.
The European Union's Emerging International Identity
The European Union officially acquired international legal personality with the entry into force of the Lisbon Treaty. Since then, the constitutional foundations of EU external relations have received an ever-greater amount of scholarly attention. So far however, the body of knowledge has remained limited with regard to how the Union is actually being perceived on the global scene. Moreover, its dealings with other international organizations constitute a similar, still underexplored topic. The European Union's Emerging International Identity breaks new ground by addressing both these themes in combination. The resulting volume offers an innovative inquiry into the EU’s image and status, based on a select number of studies of its position and functioning within the framework of eight international organizations.
Complex Equality and the Court of Justice of the European Union
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Supranational Citizenship and the Challenge of Diversity
In Supranational Citizenship and the Challenge of Diversity Francesca Strumia explores the potential of European citizenship as a legal construct, and as a marker of group boundaries, for filtering internal and external diversities in the European Union. Adopting comparative federalism methodology, and drawing on insights from the international relations literature on the diffusion of norms, the author questions the impact of European citizenship on insider/outsider divides in the EU, as experienced by immigrants, set by member states and perceived by “native” citizens. The book proposes a novel argument about supranational citizenship as mutual recognition of belonging. This argument has important implications for the constitution of insider/outsider divides and for the reconciliation of multiple levels of diversity in the EU.
The Function of Proportionality Analysis in European Law
The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of propo...
The Civic Citizens of Europe
In The Civic Citizens of Europe: The Legal Potential for Immigrant Integration in the EU, Belgium, Germany, and the United Kingdom, Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures, rights to family migration, permanent residence, and integration measures in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.
The European Atomic Energy Community in the European Union Context
Ilina Cenevska’s new book, The European Atomic Energy Community in the European Union Context: The 'Outsider' Within explores the unique nature of the Euratom Community as an entity that establishes a supranational regulation in the civil nuclear industry, which, while formally belonging to the European Union construct, is coincidentally somewhat kept ‘outside’ the mainstream developments in the Union. The book surveys Euratom’s status as an ‘outsider within’ the European Union through the correlation between the principles and mechanisms particular to the functioning of the Euratom legal framework and those devised under the Union framework stricto sensu, focusing on two specific areas - nuclear safeguards and health and safety in the nuclear domain.
The Political Accountability of EU and US Independent Regulatory Agencies
The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.
Investment Governance between the Energy Charter Treaty and the European Union
Against the background of climate change, the Energy Charter Treaty and the law and policy of the European Union are no longer fully aligned with each other: in the case of a conflict in the area of investment regulation, what norms should apply? Within the framework of the ongoing reform of the international investment system, notably, investor-State dispute settlement, and of the modernisation of the Energy Charter Treaty, Ottavio Quirico explores how to approach regulatory conflicts and re-harmonise the Energy Charter Treaty with the law of the European Union.
