The Legitimacy of The European Union through Legal Rationality

The Legitimacy of The European Union through Legal Rationality
Author: Richard Ball
Publisher: Routledge
Total Pages: 438
Release: 2013-10-15
Genre: Law
ISBN: 1136011609

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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

The Legitimacy of The European Union through Legal Rationality

The Legitimacy of The European Union through Legal Rationality
Author: Richard Ball
Publisher: Routledge
Total Pages: 374
Release: 2013-10-15
Genre: Law
ISBN: 1136011528

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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

Rationality of European Union Law

Rationality of European Union Law
Author: Richard Charles Edward Ball
Publisher:
Total Pages:
Release: 2009
Genre:
ISBN:

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Third country nationals have an important effect on, and play an important part in, the economy of the European Union, a trend that is likely to increase over time. This importance could be expected to be reflected in the rights, in particular freedom of movement, granted to them under Community law. Political expediency is however shaped by world, regional and domestic influences that in turn determine the policy towards third country nationals and their legal rights to freedom of movement. These political policies, given practical effect through the law, do not necessarily display legitimacy. Political legitimacy, grounded within legal doctrine, can be analysed through the principles of legal rationality. For Community legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. Analysis of free movement rights for third country nationals is provided in three discrete doctrinal areas before a critical evaluation of them through the lens of legal rationality and set within the matrix of factors that make up policy formation. It is concluded that Community law towards third country nationals is defective, lacks legitimacy and suggestions are made to correct the problems identified.

Legitimacy and the European Union

Legitimacy and the European Union
Author: Thomas F. Banchoff
Publisher: Psychology Press
Total Pages: 246
Release: 1999
Genre: Political Science
ISBN: 0415181887

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Beetham and Lord provide concise and analytical coverage of a key topic within the European Union, that is, the legitimacy of European supra-national governance.

The Crisis of the European Union

The Crisis of the European Union
Author: Jürgen Habermas
Publisher: John Wiley & Sons
Total Pages: 128
Release: 2014-03-03
Genre: Philosophy
ISBN: 0745681530

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Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.

The Politics of Legitimation in the European Union

The Politics of Legitimation in the European Union
Author: Christopher Lord
Publisher: Routledge
Total Pages: 271
Release: 2022-04-19
Genre: Political Science
ISBN: 100052857X

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This book examines and investigates the legitimacy of the European Union by acknowledging the importance of variation across actors, institutions, audiences, and context. Case studies reveal how different actors have contributed to the politics of (re)legitimating the European Union in response to multiple recent problems in European integration. The case studies look specifically at stakeholder interests, social groups, officials, judges, the media and other actors external to the Union. With this, the book develops a better understanding of how the politics of legitimating the Union are actor-dependent, context-dependent and problem-dependent. This book will be of key interest to scholars and students of European integration, as well as those interested in legitimacy and democracy beyond the state from a point of view of political science, political sociology and the social sciences more broadly.

Debating the Democratic Legitimacy of the European Union

Debating the Democratic Legitimacy of the European Union
Author: Beate Kohler-Koch
Publisher: Rowman & Littlefield
Total Pages: 406
Release: 2007
Genre: Law
ISBN: 9780742554924

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Recoge: 1. Democracy. -- 2. What future for parliamentary democracy in the EU. -- 3. The public sphere and civil society: prerequisites for democratically legitimate rule making. -- 4. Democracy and political participation. -- 5. Deliberative democracy.

Power and Legitimacy

Power and Legitimacy
Author: Peter L. Lindseth
Publisher: Oxford University Press
Total Pages: 362
Release: 2010-09-30
Genre: Law
ISBN: 0199749892

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A succession of crises has marked the last decade of European integration, leading to disorientation among integration scholars. Older frameworks for understanding have been challenged, while the outlines of new ones are only now beginning to emerge. This book looks to history to provide a more durable explanation of the nature and legitimacy of European governance going forward. Through detailed examination of certain fundamental but often overlooked elements in EU history, Peter Lindseth describes the convergence of European integration around the 'postwar constitutional settlement of administrative governance.' 'Administrative' here does not mean 'non-political' or 'technical'-it means that supranational regulatory authority should properly be seen as 'delegated' from national constitutional bodies. As such, supranational policymaking has relied to a significant degree on forms of oversight by national executives, legislatures, and judiciaries, following models of 'mediated legitimation' first developed in the administrative state and then translated into the European context. These national mechanisms developed specifically to overcome the core disconnect in European integration-between exercises of otherwise autonomous supranational regulatory 'power,' on the one hand, and the persistence of the nation-state as the primary source of democratic and constitutional 'legitimacy' in the European system, on the other. It has been through recourse to the legitimating structures and normative principles of the postwar constitutional settlement, this study shows, that European public law has sought to reconcile 'Europe' and the nation-state for more than fifty years.

Political Theory and the European Union

Political Theory and the European Union
Author: Michael Nentwich
Publisher: Routledge
Total Pages: 425
Release: 2003-09-02
Genre: Political Science
ISBN: 1134690169

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The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.