National Identity in EU Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook National Identity in EU Law write by Elke Cloots. This book was released on 2015. National Identity in EU Law available in PDF, EPUB and Kindle. With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
National Constitutional Identity and European Integration
National Constitutional Identity and European Integration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook National Constitutional Identity and European Integration write by Alejandro Saiz Arnaiz (jurist). This book was released on 2013. National Constitutional Identity and European Integration available in PDF, EPUB and Kindle. Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)
National Identity in EU Law
National Identity in EU Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook National Identity in EU Law write by Elke Cloots. This book was released on 2015-02-12. National Identity in EU Law available in PDF, EPUB and Kindle. Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
EU Law
EU Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Law write by Paul Craig. This book was released on 2020-07-21. EU Law available in PDF, EPUB and Kindle. Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.
EU Law
EU Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Law write by Paul|Burca Craig (Grainne de). This book was released on 2024. EU Law available in PDF, EPUB and Kindle.
