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In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law – specifically in the field of EU employment law and gender equality – and European governance studies in general.
In recent decades, asylum has emerged as a highly politicized European issue. The term ’asylum seeker’ has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislato...
"Papers presented in the 2003 WG Hart Workshop, which took place at the Institute of Advanced Legal Studies, London."--Foreword.
How successful was the EU's Lisbon Strategy? This volume provides the first comprehensive assessment of the Strategy and reflects on its key developments during its 10-year cycle. The volume contains both theoretical and empirical contributions by some of the leading scholars of EU studies across the social sciences.
This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
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...
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
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...
This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.
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 ...