Balancing Unity and Diversity in EU Legislation

Balancing Unity and Diversity in EU Legislation
Author: Ton van den Brink
Publisher: Edward Elgar Publishing
Total Pages: 297
Release: 2024-04-12
Genre: Law
ISBN: 1035302950

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Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.

Negotiating Unity and Diversity in the European Union

Negotiating Unity and Diversity in the European Union
Author: Florian Bieber
Publisher: Springer Nature
Total Pages: 236
Release: 2020-10-21
Genre: Political Science
ISBN: 3030550168

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This book explores how the European Union has been responding to the challenge of diversity. In doing so, it considers the EU as a complex polity that has found novel ways for accommodating diversity. Much of the literature on the EU seeks to identify it as a unique case of cooperation between states that moves past classic international cooperation. This volume argues that in order to understand the EU’s effort in managing the diversity among its members and citizens it is more effective to look at the EU as a state. While acknowledging that the EU lacks key aspects of statehood, the authors show that looking at the EU efforts to balance diversity and unity through the lens of state policy is a fruitful way to understand the Union. Instead of conceptualising the EU as being incomparable and unique which is neither an international organisation nor a state, the book argues that EU can be understood as a polity that shares many approaches and strategies with complex and diverse states. As such, its effort to build political structures to accommodate diversity offers lessons to other such polities. The experience of the EU contributes to the understanding of how states and other polities can respond to challenges of diversity, including both the diversity of constituent units or of sub-national groups and identities.

The Needed Balances in EU Criminal Law

The Needed Balances in EU Criminal Law
Author: Chloé Brière
Publisher: Bloomsbury Publishing
Total Pages: 467
Release: 2017-12-28
Genre: Law
ISBN: 1509917012

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This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Europe in 12 Lessons

Europe in 12 Lessons
Author: Pascal Fontaine
Publisher:
Total Pages: 114
Release: 2017
Genre: Europe
ISBN: 9789279535901

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Accommodating Diversity in Multilevel Constitutional Orders

Accommodating Diversity in Multilevel Constitutional Orders
Author: Maja Sahadžić
Publisher: Taylor & Francis
Total Pages: 262
Release: 2023-07-19
Genre: Law
ISBN: 1000909492

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This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

EMU Integration and Member States’ Constitutions

EMU Integration and Member States’ Constitutions
Author: Stefan Griller
Publisher: Bloomsbury Publishing
Total Pages: 803
Release: 2021-02-25
Genre: Law
ISBN: 1509935800

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In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

Europe in Search of Political Order

Europe in Search of Political Order
Author: Johan P. Olsen
Publisher: Oxford University Press, USA
Total Pages: 340
Release: 2007-02
Genre: Political Science
ISBN: 0199214344

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One of the world's most influential Political Scientists provides an innovative perspective on institutional change and reform in the EU.

Linguistic Diversity and European Democracy

Linguistic Diversity and European Democracy
Author: Anne Lise Kjær
Publisher: Routledge
Total Pages: 261
Release: 2016-05-06
Genre: Law
ISBN: 1317104919

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What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.

Discourses on Language and Integration

Discourses on Language and Integration
Author: Gabrielle Hogan-Brun
Publisher: John Benjamins Publishing
Total Pages: 188
Release: 2009-03-20
Genre: Language Arts & Disciplines
ISBN: 9027289700

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One of the most pressing issues in contemporary European societies is the need to promote integration and social inclusion in the context of rapidly increasing migration. A particular challenge confronting national governments is how to accommodate speakers of an ever-increasing number of languages within what in most cases are still perceived as monolingual indigenous populations. This has given rise to public debates in many countries on controversial policies imposing a requirement of competence in a ‘national’ language and culture as a condition for acquiring citizenship. However, these debates are frequently conducted almost entirely at a national level within each state, with little if any attention paid to the broader European context. At the same time, further EU enlargement and the ongoing rise in the rate of migration into and across Europe suggest that the salience of these issues is likely to continue to grow. This volume offers a critical analysis of these debates and emerging discourses on integration and challenges the assumptions underlying the new ‘language testing regimes’.

Between Compliance and Particularism

Between Compliance and Particularism
Author: Marton Varju
Publisher: Springer
Total Pages: 347
Release: 2019-02-08
Genre: Law
ISBN: 3030057828

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The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.