Europes Justice Deficit
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Author |
: Dimitry Kochenov |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 512 |
Release |
: 2015-04-30 |
ISBN-10 |
: 9781782254829 |
ISBN-13 |
: 178225482X |
Rating |
: 4/5 (29 Downloads) |
Synopsis Europe’s Justice Deficit? by : Dimitry Kochenov
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author |
: Hans-W Micklitz |
Publisher |
: Cambridge University Press |
Total Pages |
: 489 |
Release |
: 2018-11-15 |
ISBN-10 |
: 9781108424127 |
ISBN-13 |
: 1108424120 |
Rating |
: 4/5 (27 Downloads) |
Synopsis The Politics of Justice in European Private Law by : Hans-W Micklitz
Compares national concepts of social justice with the developing European concept of access justice.
Author |
: Dimitry Kochenov |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 818 |
Release |
: 2015-04-30 |
ISBN-10 |
: 9781782254836 |
ISBN-13 |
: 1782254838 |
Rating |
: 4/5 (36 Downloads) |
Synopsis Europe’s Justice Deficit? by : Dimitry Kochenov
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author |
: Daniel Innerarity |
Publisher |
: Palgrave Macmillan |
Total Pages |
: 0 |
Release |
: 2018-03-12 |
ISBN-10 |
: 3319721968 |
ISBN-13 |
: 9783319721965 |
Rating |
: 4/5 (68 Downloads) |
Synopsis Democracy in Europe by : Daniel Innerarity
This book calls for a philosophical consideration of the development, challenges and successes of the European Union. The author argues that conceptual innovation is essential if progress on the European project is to be made; new meanings, rather than financial or institutional engineering solutions, will help solve the crisis. By applying a philosophical approach to diagnosing the EU crisis, the book reconsiders the basic concepts of democracy in the context of the complex reality of the EU and the globalised world where profound social and political changes are taking place. It will be of interest to students and scholars interested in EU politics, political theory and philosophy.
Author |
: Jürgen Neyer |
Publisher |
: Oxford University Press |
Total Pages |
: 228 |
Release |
: 2012-10-18 |
ISBN-10 |
: 9780199641246 |
ISBN-13 |
: 0199641242 |
Rating |
: 4/5 (46 Downloads) |
Synopsis The Justification of Europe by : Jürgen Neyer
The Justification of Europe offers an engaging new interpretation of the European Union, combining normative and positive approaches in an innovative way.
Author |
: Richard Bellamy |
Publisher |
: Cambridge University Press |
Total Pages |
: 265 |
Release |
: 2019-01-31 |
ISBN-10 |
: 9781107022287 |
ISBN-13 |
: 1107022282 |
Rating |
: 4/5 (87 Downloads) |
Synopsis A Republican Europe of States by : Richard Bellamy
Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
Author |
: Francesca Bignami |
Publisher |
: Cambridge University Press |
Total Pages |
: 611 |
Release |
: 2020-01-02 |
ISBN-10 |
: 9781108485081 |
ISBN-13 |
: 1108485081 |
Rating |
: 4/5 (81 Downloads) |
Synopsis EU Law in Populist Times by : Francesca Bignami
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Author |
: Elspeth Guild |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2010 |
ISBN-10 |
: 9461380348 |
ISBN-13 |
: 9789461380340 |
Rating |
: 4/5 (48 Downloads) |
Synopsis The Area of Freedom, Security and Justice Ten Years on by : Elspeth Guild
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.
Author |
: Carlos Closa |
Publisher |
: Cambridge University Press |
Total Pages |
: 357 |
Release |
: 2016-10-13 |
ISBN-10 |
: 9781107108882 |
ISBN-13 |
: 1107108888 |
Rating |
: 4/5 (82 Downloads) |
Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author |
: Kenneth Dyson |
Publisher |
: OUP Oxford |
Total Pages |
: 326 |
Release |
: 2000-09-28 |
ISBN-10 |
: 9780191529177 |
ISBN-13 |
: 0191529176 |
Rating |
: 4/5 (77 Downloads) |
Synopsis The Politics of the Euro-Zone by : Kenneth Dyson
The Euro-Zone represents the single most important step in European Integration since 1957 and one of the boldest economic, monetary, and political projects in modern history. In this first major study, the author examines the major political questions raised by the birth of the Euro-Zone on January 1 1999 and argues for a more politically informed analysis and assessment of its nature, operation, and prospects. How does the Euro-Zone operate? What does it mean for European States and for the political strategies of governments? How is its operation to be explained? What are its prospects for stability? What kinds of policies are needed to strengthen its capacity to withstand crisis? The book stresses the ECB-centric nature of the Euro-Zone and its implications both for policy and polices in Europe and for theories of integration. The ECB emerges as a powerful 'policy pusher' and 'ideational leader', with an authority and power exceeding that of the European Commission in the integration process. Dyson examines the elated problems of social justice, democratic consent, and identity. He also argues that the Euro-Zone represents a process of transition to the EU as a 'stabilization Staten An innovative aspect of the book is its application of a strength-strain model for the purpose of analyzing and assessing the stability of the Euro-Zone. It concludes that the stability of the Euro-Zone will be strongly conditioned by three factors: how Kantian rather than Hobbesian or Lockeian its political culture proves to be, with a key reproducibility failing here on the quality of political leadership; its possession of policy interments to tackle liquidity as well as debt traps; and the speed and efficiency of mechanisms of 'bench marking, policy transfer, and 'lesson-drawing'.