The Legitimacy of The European Union through Legal Rationality

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Release : 2013-10-15
Genre : Law
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Book Rating : 609/5 ( reviews)

The Legitimacy of The European Union through Legal Rationality - 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 The Legitimacy of The European Union through Legal Rationality write by Richard Ball. This book was released on 2013-10-15. The Legitimacy of The European Union through Legal Rationality available in PDF, EPUB and Kindle. 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

Download The Legitimacy of The European Union through Legal Rationality PDF Online Free

Author :
Release : 2013-10-15
Genre : Law
Kind :
Book Rating : 528/5 ( reviews)

The Legitimacy of The European Union through Legal Rationality - 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 The Legitimacy of The European Union through Legal Rationality write by Richard Ball. This book was released on 2013-10-15. The Legitimacy of The European Union through Legal Rationality available in PDF, EPUB and Kindle. 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

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Author :
Release : 2009
Genre :
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Rationality of European Union 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 Rationality of European Union Law write by Richard Charles Edward Ball. This book was released on 2009. Rationality of European Union Law available in PDF, EPUB and Kindle. 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

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Author :
Release : 1999
Genre : Political Science
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Book Rating : 887/5 ( reviews)

Legitimacy and the European Union - 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 Legitimacy and the European Union write by Thomas F. Banchoff. This book was released on 1999. Legitimacy and the European Union available in PDF, EPUB and Kindle. 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

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Release : 2014-03-03
Genre : Philosophy
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Book Rating : 530/5 ( reviews)

The Crisis of the European Union - 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 The Crisis of the European Union write by Jürgen Habermas. This book was released on 2014-03-03. The Crisis of the European Union available in PDF, EPUB and Kindle. 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.