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The Tangled Complexity of the EU Constitutional Process

The Tangled Complexity of the EU Constitutional Process Author Giuseppe Martinico
ISBN-10 9780415688192
Release 2012-11-08
Pages 194
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Despite 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. 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 natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices. The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. The Tangled Complexity of the EU Constitutional Process will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science.



Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law Author Gareth Davies
ISBN-10 9781786433091
Release 2018
Pages 448
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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.



Local Government in Europe

Local Government in Europe Author Carlo Panara
ISBN-10 9781135021269
Release 2013-12-04
Pages 426
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This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.



Kadi on Trial

Kadi on Trial Author Matej Avbelj
ISBN-10 9781134448371
Release 2014-07-11
Pages 222
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The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.



The Greening of European Business under EU Law

The Greening of European Business under EU Law Author Beate Sjåfjell
ISBN-10 9781317664727
Release 2014-11-13
Pages 206
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The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.



European Perspectives on Environmental Law and Governance

European Perspectives on Environmental Law and Governance Author Suzanne Kingston
ISBN-10 9780415500067
Release 2013
Pages 245
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"This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book focuses on three key cross-cutting issues each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second part of the book deals with the challenge of integrating environmental considerations into other policy areas, as required by the Treaty on the Functioning of the European Union, as well as the EU's Charter of Fundamental Rights. While the third theme focuses on the important challenge of improving environmental enforcement within the EU, considering issues such as the Aarhus Convention and the development of the Commission's work on implementation and enforcement over the last twenty years. Throughout the book the three selected themes are situated within the broader ongoing debate about the changing nature of European environmental governance, covering topics such as the development of European environmental governance post-Lisbon and how such development fits with broader trends in European governance theory and policy.The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law"--



The Evolving EU Counter terrorism Legal Framework

The Evolving EU Counter terrorism Legal Framework Author Maria O'Neill
ISBN-10 9781136493836
Release 2011-12-14
Pages 328
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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 law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.



EU External Relations Law and the European Neighbourhood Policy

EU External Relations Law and the European Neighbourhood Policy Author Bart Van Vooren
ISBN-10 9780415674669
Release 2011-12
Pages 352
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"During the 1970s, the EU member states made fledgling attempts to coordinate their foreign policies in the form of intergovernmental structures called European Political Cooperation. These initial efforts towards integrating national foreign policies were of limited success, as was evident from the failure to respond effectively to the infamous hostage situation in Tehran, or the lacklustre European response to the USSR invasion of Afghanistan over Christmas 1979. This dynamic has continued in the last decades of the twentieth century and into the twenty-first. The first ever European Security Strategy of 2003 was drawn up after deep European disagreement over the Iraq war. The big bang-enlargement of May 2004 prompted the need for a novel policy that draws together EU and member state action to effectively deal with the EUs new neighbours: the European Neighbourhood Policy (ENP).This book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest grand experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments"--



Criminal Law and Policy in the European Union

Criminal Law and Policy in the European Union Author Samuli Miettinen
ISBN-10 9780415474269
Release 2013
Pages 248
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"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--



The Interaction Between Europe s Legal Systems

The Interaction Between Europe s Legal Systems Author Giuseppe Martinico
ISBN-10 9781781005668
Release 2012-01-01
Pages 257
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This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.



Stalinism and Nazism

Stalinism and Nazism Author Ian Kershaw
ISBN-10 0521565219
Release 1997-04-28
Pages 369
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Several distinguished historians present the first comprehensive comparison of Nazism and Stalinism.



Marginal Europe

Marginal Europe Author Sidney Pollard
ISBN-10 STANFORD:36105019279053
Release 1997
Pages 327
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The momentum of the British industrial revolution arose mostly in regions poorly endowed by nature, badly located and considered backward and poor by contemporaries. Sidney Pollard examines the initially surprising contribution made by the population of these and other `marginal areas' (mountains, forests and marshes) to the economic development of Europe since the Middle Ages. He provides case studies of periods in which marginal areas took the lead in economic development, such as theDutch economy in its Golden Age, and in the British industrial revolution. The traditional perception of the populations inhabiting these regions was that they were poor, backward, and intellectually inferior; but Sidney Pollard shows how they also had certain peculiar qualities which predisposed them to initiate progress. Healthy living, freedom, a martial spirit, and the hardiness to survive in harsh conditions enabled them to contribute a unique pioneering ability to pivotal economic periods; illustrating some of the effects of geography upon the development of societies.



The Routledge Companion to Research in the Arts

The Routledge Companion to Research in the Arts Author Michael Biggs
ISBN-10 9781136897924
Release 2010-10-04
Pages 488
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The Routledge Companion to Research in the Arts is a major collection of new writings on research in the creative and performing arts by leading authorities from around the world. It provides theoretical and practical approaches to identifying, structuring and resolving some of the key issues in the debate about the nature of research in the arts which have surfaced during the establishment of this subject over the last decade. Contributions are located in the contemporary intellectual environment of research in the arts, and more widely in the universities, in the strategic and political environment of national research funding, and in the international environment of trans-national cooperation and communication. The book is divided into three principal sections – Foundations, Voices and Contexts – each with an introduction from the editors highlighting the main issues, agreements and debates in each section. The Routledge Companion to Research in the Arts addresses a wide variety of concepts and issues, including: the diversity of views on what constitutes arts-based research and scholarship, what it should be, and its potential contribution the trans-national communication difficulties arising from terminological and ontological differences in arts-based research traditional and non-traditional concepts of knowledge, their relationship to professional practice, and their outcomes and audiences a consideration of the role of written, spoken and artefact-based languages in the formation and communication of understandings. This comprehensive collection makes an original and significant contribution to the field of arts-based research by setting down a framework for addressing these, and other, topical issues. It will be essential reading for research managers and policy-makers in research councils and universities, as well as individual researchers, research supervisors and doctoral candidates.



Workers Against Lenin

Workers Against Lenin Author Jonathan Aves
ISBN-10 1860640672
Release 1996-05-15
Pages 220
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This work challenges the view, widely held among historians of the Bolshevik revolution, that the upsurge of labour unrest of 1920-22 was the result of the appalling living conditions caused by the Civil War, had little significant content and was largely a sideshow to the huge conflict between the Bolsheviks and the peasants. Based on a wide reading of the contemporary Soviet press, archive sources and first-hand accounts by Bolsheviks and non-Bolsheviks, this work shows how rank and file opposition to the leadership in the Bolshevik-dominated trade unions grew, and how support for non-Bolshevik trade unions and political parties developed fast.



Critical Theory Today

Critical Theory Today Author Lois Tyson
ISBN-10 9781317643241
Release 2014-10-10
Pages 488
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This thoroughly updated third edition of Critical Theory Today offers an accessible introduction to contemporary critical theory, providing in-depth coverage of the most common approaches to literary analysis today, including: feminism; psychoanalysis; Marxism; reader-response theory; New Criticism; structuralism and semiotics; deconstruction; new historicism and cultural criticism; lesbian, gay, and queer theory; African American criticism and postcolonial criticism. This new edition features: a major expansion of the chapter on postcolonial criticism that includes topics such as Nordicism, globalization and the ‘end’ of postcolonial theory, global tourism and global conservation an extended explanation of each theory, using examples from everyday life, popular culture, and literary texts a list of specific questions critics ask about literary texts an interpretation of F. Scott Fitzgerald's The Great Gatsby through the lens of each theory a list of questions for further practice to guide readers in applying each theory to different literary works updated and expanded bibliographies Both engaging and rigorous, this is a "how-to" book for undergraduate and graduate students new to critical theory and for college professors who want to broaden their repertoire of critical approaches to literature.



Keywords

Keywords Author Raymond Williams
ISBN-10 9780199393213
Release 2014-10
Pages 270
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First published in 1976, Raymond Williams' highly acclaimed Keywords: A Vocabulary of Culture and Society is a collection of lively essays on words that are critical to understanding the modern world. In these essays, Williams, a renowned cultural critic, demonstrates how these key words take on new meanings and how these changes reflect the political bent and values of our past and current society. He chose words both essential and intangible--words like nature, underprivileged, industry, liberal, violence, to name a few--and, by tracing their etymology and evolution, grounds them in a wider political and cultural framework. The result is an illuminating account of the central vocabulary of ideological debate in English in the modern period. This edition features a new original foreword by Colin MacCabe, Distinguished Professor of English and Literature, University of Pittsburgh, that reflects on the significance of Williams' life and work. Keywords remains as relevant today as it was over thirty years ago, offering a provocative study of our language and an insightful look at the society in which we live.



Mapping European Security After Kosovo

Mapping European Security After Kosovo Author Peter Van Ham
ISBN-10 0719062403
Release 2002-10-25
Pages 197
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This book provides new and stimulating perspectives on how Kosovo has shaped the new Europe. It breaks down traditional assumptions in the field of security studies by sidelining the theoretical worldview that underlies mainstream strategic thinking on recent events in Kosovo. The contributors challenge the epistemological definition of the Kosovo conflict, arguing that we should not only be concerned with the 'Kosovo out there', but also with the debate about what counts as security, and how our definition of security is shaped by various power and knowledge interests in Kosovo.